Degenz.Finance Terms of Service
Last revised: June 7, 2023
You acknowledge and agree that the characterization and regulatory scheme governing NFTs, cryptocurrencies, and blockchain technology is uncertain and continually evolving, and is accompanied by inherent risks. You further acknowledge and agree that digital assets are highly experimental, risky, and volatile, and your use of the Site and Services to burning digital assets may carry substantial risk, including the risk of loss in trading digital assets. By using the Site or Services, you represent that you have sufficient knowledge, sophistication, and experience with respect to NFTs, cryptocurrency, and blockchain technology, to make your own evaluation of the merits and risks of any transaction conducted via the Site or Services or any digital asset associated with such transaction. Under no circumstances will the operation of all or any portion of the Site or Services by Degenz be deemed to create a relationship that includes the provision or tendering of investment advice. You shall indemnify, defend (at the request of Degenz) and hold harmless Degenz, its affiliates and licensors, and their respective officers, agents, directors, representatives, contractors, and employees, from and against any and all claims, suits, demands, actions, losses, liabilities, damages, judgements, penalties, fines, expenses and other costs (including reasonable attorneys’ fees) arising from your breach or alleged breach of these Terms. Degenz will also have the right to provide our own defense additionally or alternatively at our own expense. In no event will Degenz be liable to you for any special, incidental, exemplary, indirect, punitive, or consequential damages (including loss of profits, and any equitable relief) with respect to the subject matter of these Terms, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not you have been advised of the possibility of such loss or damage. The aggregate liability Degenz can face by agreement in these Terms shall not exceed the net revenues actually received by Degenz in connection with any transaction with the User for access to Site, or the revenues actually received by Degenz in connection with any transaction, in which you transferred or sold your Degenz NFT. The foregoing limitation of liability shall only apply to the extent permitted by applicable law. In no event will Degenz be liable for any inability for you to access the Artwork for any reason, including as a result of any, failure, obsolescence, removal, termination or other disruption relating to (a) the servers upon which the Artwork is stored; (b) any Third Party Vendor; or (c) any other NFT platform. Degenz will have the unrestricted right to assign these Terms and to assign, subcontract, license and sublicense any or all of its rights and obligations hereunder. Agreement to these Terms is personal to you and shall not be assigned or transferred by you. Any other attempt by you to assign, sub- license, or transfer your rights under these Terms shall be null and void. Remedies: Our rights and remedies in the event of any breach of these Terms are strictly limited to the right, if any, to recover damages, and you acknowledge that your remedy of money damages is adequate. You will not be entitled by reason of any such breach, and you will not seek, any equitable relief, whether injunctive or otherwise. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York without application of conflict of laws rules, except that these Arbitration provisions shall be governed by the Federal Arbitration Act. Resolution of Any Dispute. In the event a dispute arises between you and Degenz (“Dispute”), we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us. If, however, the Dispute cannot be resolved by the personnel directly involved, the parties shall first attempt in good faith to resolve the Dispute promptly by negotiation between duly appointed executive officers or other representatives of such parties, with full authority to negotiate and settle the Dispute. If a Dispute has not been resolved by negotiations within 90 days as provided herein above, such Dispute shall be submitted to JAMS, or its successor (collectively, “JAMS”), for mediation as provided herein below. Any party involved in the Dispute may commence mediation by providing to JAMS and each other party involved in the Dispute a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties; provided, however, that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. None of the parties may commence arbitration or a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 30 business days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of arbitration or a civil action, if the parties so desire. Limitation of Legal Remedies. If there is a Dispute that remains unresolved after mediation, INSTEAD OF SUING IN COURT, YOU AND DEGENZ EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO A R B I T R AT E D I S P U T E S T H R O U G H B I N D I N G ARBITRATION PURSUANT TO THE JAMS ARBITRATION RULES AND PROCEDURES, ON AN INDIVIDUAL BASIS, WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO DEGENZ’ INTELLECTUAL PROPERTY RIGHTS AND STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE. These Terms to arbitrate is intended to be broadly interpreted. It includes claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Claim(s)”). The arbitrator's decision and award are final and binding, with some exceptions under the Federal Arbitration Act and judgment on the award may be entered in any court with jurisdiction. Jury Trial Waiver. YOU AND DEGENZ EACH VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SITES OR SERVICES. Class Action Waiver. YOU AND DEGENZ EACH AGREE You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person. The arbitration of any claim will be conducted in the State of New York, and for any non- frivolous claim that does not exceed $5,000.00, you shall have the choice as to whether the hearing is conducted in person or by internet video. Each party will pay the fees and costs of its own counsel, experts and witnesses. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this dispute resolution Section conflicts with JAMS minimum standards for procedural fairness, the JAMS rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the “Class Action Waiver”. Survival. This arbitration provision shall survive termination of these Terms. Severability. If any provision of these Terms is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply. Dispute Resolution Non-U.S. Residents In the event of any dispute you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to us at Ray@gencolaw.com User agrees to pay full royalty when listing, selling, transferring the NFT to others, and collateralizing the NFT in any way. If your country of residence or establishment is outside the U.S., these Terms will be governed by and interpreted in accordance with US law. This choice of law does not impact your rights as a user according to the user protection laws of your country of residence. If you are a user, you may be able to bring judicial proceedings against us arising from or in connection with these Terms in a court within a jurisdiction according to the laws of your country of residence or the English courts. if you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts. If you have any comments, queries or complaints about these Terms or our Services, please contact us at firstname.lastname@example.org. You agree that there are no third-party beneficiaries to these Terms. Degenz finds the representations and warranties made by User to be material and Degenz relies on each and every one of the following representations and warranties when determining to allow to transact with the user. Please only proceed if YOU agree to each of the following warranties and promises. Degenz does not seek or intend to make a transaction of any kind to any potential user that does not agree to the terms in full The burning of any NFT from Degenz comes with no warranties by Degenz . Degenz disclaims any promises and any warranties the User may believe to exist. The NFT is sold as is. User agrees that User is not buying any NFT from Degenz with the expectation of any financial opportunity or gain whatsoever. User agrees and states that User has no expectation of financial return, profit, or gains from the burning or owning of any NFT from Degenz. The User agrees there may not be a secondary market for NFTs at any time in the future, and assumes there will not be a secondary market at all for the NFT. User agrees and states that User has no expectation of possible resale of their NFT. User acknowledges that there is no expectation that any secondary marketplace that exists at the time of acquisition, will continue to exist, or will provide any opportunity for resale of the NFT. User acknowledges that8 any such secondary marketplace that may exists, may not be secure, and Degenz is not responsible for. User agrees that the burning of the NFT is for the consumptive value or functionality of the NFT, the uniqueness of the art, and or the personal value of the gratification of participation in the Degenz community. The arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of the ability of the dispute to be arbitrated. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. The arbitration will allow for the discovery or exchange of non- privileged information relevant to the Dispute. The arbitrator, Degenz, and User will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality,. Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that User and Degenz will not have the right to assert the claim. User have the right to opt out of binding arbitration within 30 days of the date User first accepted the terms of this Section by emailing Degenz at email@example.com. In order to be effective, the opt- out notice must include User’s full name and address and clearly indicate User’s intent to opt out of binding arbitration. User agrees that if they do opt out of binding arbitration, User is agreeing to resolve Disputes in accordance with The Venue and choice of law provisions found in these terms. User agrees that Degenz has 30 days after actual receipt of such Notice to opt-out of Arbitration, to decline to transact.