TERMS AND CONDITIONS
Last updated February 15, 2024
Welcome to mallow labs LLC!
These are the terms and conditions for:
By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "website" refers to the mallow labs LLC website, "we", "us", "our" and "mallow labs LLC" refers to mallow labs LLC and "you" and "user" refers to you, the user of mallow labs LLC.
The following terms and conditions apply to the website and services offered by mallow labs LLC. This includes the mobile and tablet versions as well as any other version of mallow labs LLC accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM THE MALLOW LABS LLC WEBSITE.
This agreement sets out the legally binding terms for your use of mallow labs LLC. By using the website, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and stop using the service immediately. We may modify this agreement from time to time, and such modification will be effective when posted on the website. You agree to be bound by any modifications to these terms and conditions when you use mallow labs LLC after such modification is posted on the website; therefore, it is important that you review this agreement regularly.
mallow labs LLC may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.
The website and services may only be used in accordance with these terms and conditions and all applicable local, state, national and international laws, rules and regulations, specifically the commercial and financial laws and regulations of Dubai, United Arab Emirates.
By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
mallow labs operates a marketplace, which is an online peer-to-peer service that enables collectors to acquire NFTs from creators and fellow collectors. mallow labs acts solely as an intermediary, providing digital infrastructure to facilitate NFT transactions.
The purpose of these terms and conditions is to establish the conditions for accessing the marketplace and to delineate the rights and obligations of users and mallow labs within this framework.
Given the peer-to-peer nature of the marketplace, these terms and conditions do not govern any relationships that may arise between collectors or between collectors and creators. mallow labs' role is specifically confined to operating the marketplace and delivering the associated services.
In the case of creators, the terms and conditions may be complemented by specific terms. In situations where there is a contradiction between the terms and conditions and the specific terms, the latter shall take precedence.
While mallow labs oversees the operation of the marketplace and may curate specific creators, users acknowledge that they acquire NFTs directly from other users, not from mallow labs, unless stated otherwise on the website. Specifically, this includes purchases from creators on the primary market and transactions with other collectors on the secondary market.
The services offered by mallow labs may undergo changes periodically, as mallow labs has the discretion to introduce, remove, or modify specific functionalities of the marketplace.
The price of the NFTs are set (i) by creators on the primary markets (ii) by collectors on the secondary market. mallow labs LLC has no role whatsoever in the determination of the price of NFTs available on the marketplace.
mallow labs LLC will receive primary fees payable as defined in the specific terms negotiated with creators and the fees as shown in the secondary market and displayed on the marketplace at the time of the purchase.
Payments on the marketplace can be made in cryptocurrencies and charged to your respective digital wallet. If you find any inconsistencies in your billing, please contact us through our contact details or you can make the claim through the customer service of the relevant payment processor.
If your payment is declined, you will need to provide an alternate wallet on which the payment can be processed.
Your payment details will be treated and safeguarded securely and for the sole purpose of processing your purchases on the marketplace. mallow labs reserves the right to engage any commercially available payment platform that processes your data for the sole purpose of processing the purchase of the packages.
Collectors are recognized as the exclusive owners of the token linked to the NFT they acquire. Therefore, collectors explicitly acknowledge and agree that, unless otherwise expressly stated or granted by creators, utilizing the services or acquiring an NFT does not impart any ownership, intellectual property right, or any other right whatsoever concerning content rights.
By using our services, you represent and agree that mallow labs LLC, does not at any time guarantee any profit, gain, or ROI (Return on Investment) from the use of any of the services available on the website and that transactions in the cryptocurrency market may be considered high-risk transactions that may involve potential and substantial losses of your investments in these markets.
The cryptocurrency and NFTs markets are determined by demand and supply. The cryptocurrency and NFTs market can be an unpredictable and volatile environment and prices can be highly speculative and are subject to constant change by the market. Please note that products may lose their value.
Trading cryptocurrencies and NFTs should be considered a high-risk activity and therefore should not be operated without the necessary knowledge or experience. It is recommended to understand the characteristics and risks inherent in these products before trading or making investments in these markets. The user should understand that there is a high risk of loss when making investments with cryptocurrencies if the markets move negatively against the user's position. It is important for the user to consider the risks inherent in each product and choose the type of product that best suits the user's financial situation.
By connecting the users' wallet to mallow labs LLC, users declare and agree that they will be responsible for the calculation and payment of any taxes that may be generated by transactions made through our website. mallow labs LLC is not responsible for incorrect tax calculations displayed through the website, if any. The user is solely and exclusively responsible for verifying such information and making the calculation and payment of taxes that may be generated by transactions made through our website.
By accessing the website and services, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any damage or loss you suffer as a result of your use or non-use of our website and services. You agree to use your judgment and exercise due diligence before taking any action or applying any advice suggested or recommended through the website and services.
Your use of our information and content, should be based on your own due diligence and research, you agree that mallow labs LLC is not responsible or liable at any time, or under any circumstances, for the success or failure of your investments or transactions relating directly or indirectly to the website. Do not trade or invest based solely on the information and content available on the website.
By accessing and viewing any material or information within this website, you agree that it is for general informational and educational purposes only and will not hold any person or entity liable for any resulting loss or damage.
By accessing and using the services, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of digital assets. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using and interacting with the services.
The property rights of the website and the methods used on the website belong exclusively to mallow labs LLC. Any physical or virtual exposure of the methods used on the website may result in violations of mallow labs LLC's intellectual property rights.
mallow labs LLC gives you a limited, worldwide, as applicable with our compliance terms, non-assignable and non-exclusive license to use the website provided to you by mallow labs LLC as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by mallow labs LLC, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The user agrees not to use the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the mallow labs LLC website or third parties.
mallow labs LLC reserves the right to terminate your access immediately, with or without notice, and without liability to you, if mallow labs LLC believes that you have violated any of these terms or interfered with the use of the website or service by others.
All materials on mallow labs LLC, including, without limitation, names, logos (some logos are shown as fair use), trademarks, images, text, columns, graphics, videos, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by mallow labs LLC or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on mallow labs LLC are made available for limited, non-commercial, personal use only. Except as specifically provided herein, no material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without mallow labs LLC prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to use mallow labs LLC or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
mallow labs LLC acknowledges the importance of intellectual property rights and is committed to compliance with applicable copyright laws in the United Arab Emirates, including those specific to Dubai. We take all inquiries, complaints, and claims regarding alleged infringement seriously.
If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property rights, please send us your infringement request in accordance with the relevant copyright laws and regulations.
Any personal information you submit in connection with the use of the website will be used in accordance with our privacy policy. By using our services, you agree that we may collect and store your personal information as described in our privacy policy.
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to mallow labs LLC or licensed to the mallow labs LLC by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:
mallow labs LLC is not obligated to monitor access to or use of the services or to review or edit any content. However, we have the right to do so for the purpose of operating the services, to ensure compliance with these terms and to comply with applicable law or other legal requirement.
mallow labs LLC provides its services on an "as is", "as available" basis, without any warranties or guarantees of any kind, whether express or implied. We do not warrant the accuracy, completeness, or reliability of any information provided on our platform. We shall not be held accountable to you in the event that we cannot deliver our internet services due to factors beyond our control.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse mallow labs LLC for any loss or damage caused as a result.
mallow labs LLC will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, mallow labs LLC excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to mallow labs LLC and mallow labs LLC shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MALLOW LABS LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, DATA LOSS, OR ANY OTHER PECUNIARY LOSS) HOWEVER CAUSED AND ON ANY LEGAL OR EQUITABLE THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, EVEN IF MALLOW LABS LLC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MALLOW LABS LLC ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF (i) $100 USDC; OR (ii) THE AMOUNT RECEIVED BY MALLOW LABS LLC FROM USER IN THE ONE (1) MONTH PRECEDING SUCH CLAIM.
YOU ACKNOWLEDGE AND ACCEPT THE DISCLAIMERS AND LIMITATIONS OF LIABILITIES ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN MALLOW LABS LLC AND YOU.
No responsibility will be accepted by mallow labs LLC for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify mallow labs LLC from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. If you don’t agree to be bound by the changes, you may not use the services anymore. Because our services are evolving over time, we may change or discontinue all or any part of the services, at any time and without notice, at our sole discretion. Notwithstanding anything contained in these terms, we may suspend, modify or terminate your access to and use of the services and the language of these terms at our sole discretion, at any time and without notice to you. You may disconnect your digital wallet at any time. You acknowledge and agree that we shall have no liability or obligation to you in such an event and that you will not be entitled to a refund of any amounts that you have already paid to us or any third party, to the fullest extent permitted by applicable law.
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by mallow labs LLC without restriction.
This agreement together with the privacy policy and any other legal notices published by mallow labs LLC, shall constitute the entire agreement between you and mallow labs LLC concerning and governs your use of the website and the services.
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the website, shall be resolved by binding arbitration between the user and mallow labs LLC, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event of a dispute arising in connection with the use of the website and services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. mallow labs LLC may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services.
Any dispute arising from or relating to the use of this website, the products offered herein, or these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of the Emirate of Dubai, United Arab Emirates.
If you have questions or concerns about these terms, please contact us through the contact information below:
mallow labs LLC.