Terms & Conditions
Last updated July 29, 2023
Please read these Terms of Service (the “Terms”) and our Privacy Policy (http://magiceden.io/legal/privacy-policy) (“Privacy Policy”) carefully because they govern your use of the website and interface located at https://magiceden.io/ (the “Site” or the “Magic Eden Platform”), the blockchain currency management software that is downloadable from the site (the “Software”), corresponding mobile applications (“Apps”), and other services and resources that are available, enabled or offered by Euclid Labs Inc. (“Euclid Labs,” “we,” “our”), which facilitates interaction with certain decentralized cryptographic
protocols, which are either open-sourced or may become open-sourced (collectively, the “Protocols”) to effectuate the creation and deployment (aka “minting”) of non-fungible tokens (“NFTs”), support sale and distribution of such NFTs on the decentralized blockchains on which the NFTs are recorded (“Blockchain”), and support the management of cryptographic currencies. To make these Terms easier to read, the Site, Software, Apps and our services are collectively called the “Services”. These Terms do not govern any interactions you may with our third-party API providers, each of which has its own terms. Euclid Labs is not a bank or financial institution and does not provide investment or financial advice to users of the Services.
We are solely the provider of the Services. IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND EUCLID LABS THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 18 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 17 (GOVERNING LAW) WILL APPLY INSTEAD.
1. Agreement to Terms. By using the Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you are not authorized to use the Services. 2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information. 3. Changes to these Terms or the Services. We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the Apps and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because the 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. 4. Who May Use the Services? (a) Eligibility. YOU MAY USE THE SERVICES ONLY IF YOU ARE 18 YEARS OR OLDER AND CAPABLE OF FORMING A BINDING CONTRACT WITH EUCLID LABS, AND NOT OTHERWISE BARRED FROM USING THE SERVICES UNDER APPLICABLE LAW. As required by the Children’s Online Privacy Protection Act, we will not knowingly solicit or collect personal information from any user under the age of 13. Do not attempt to use the Services if you are under the age of 13. If we become aware that a user is under the age of 13, we will promptly delete all personal information of the user. If you have information that suggests that a user of the Service could be under the age of 13, please send an email to [email protected]. (b)
Compliance. The Services are only available to users in certain jurisdictions who can use the Services as permitted under applicable law. You certify that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Services. Without limiting the foregoing, by using the Services, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you are not listed on any U.S. Government list of prohibited, sanctioned, or restricted parties. If you access or use the Services outside the United States, you are solely responsible for ensuring that your access and use of the Services in such country, territory or jurisdiction does not violate any applicable laws. You must not use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition. We reserve the right, but have no obligation, to monitor where the Services are accessed from. Furthermore, we reserve the right, at any time, at our sole discretion, to block access to the Services, in whole or in part, from any geographic location, IP addresses and unique device identifiers or to any user who we believe is in breach of these Terms. (c) Unauthorized Access. You may not access or utilize the Site and/or Services for the purpose of web crawling, web harvesting, data mining, data extraction, scraping or aggregating information, including without limitation listings and smart contracts available on or through the Site and/or Services, or similar activities without our prior written consent at our sole discretion. Users who wish to engage in any of the foregoing activities must visit https://
docs.magiceden.io/ and abide by the application programming interface (the “API”) licensing terms made available on that site to legally access and use the APIs. We reserve the right to implement testing and maintenance of the API at our sole discretion. Engaging in any of the activities referenced in the first sentence of this paragraph without prior authorization is a prohibited material breach of these Terms and may subject violators to legal liability. 5. About the Services. (a) The Magic Eden Platform. The Services facilitate interactions with the Protocols and Blockchains to allow individuals to, inter alia, bid on, purchase, trade, and sell NFTs. Euclid Labs provides the Magic Eden Platform, which is an interface to interact with the Protocols and Blockchains. The Services also allows users to create and deploy NFTs. (i) You may participate in the Services by linking your digital wallet(s) on supported bridge extensions, which allows you to purchase, store, and engage in transactions using cryptocurrency. Before putting up your unique digital asset for sale or putting in an offer to purchase a unique digital asset from another user, we will ask you to download a supported electronic wallet extension and connect and unlock your digital wallets with that extension. Once you submit an order to sell or purchase a unique digital asset, your orde