Lovechain Terms of Service – Image Content
The Lovechain is a social media platform utilising blockchain technology created, operated and managed by The Lovechain Pty Ltd ACN 631 780 786 (“Lovechain”). It gives users an immutable platform to record, celebrate and share their love of significant others.
The Lovechain encourages users of its Platform to share Image Content (as defined below) that depicts expressions of love or of love ones with us to place on our Platform for the World to see.
These Terms of Service – Image Content (“Terms of Service”) explains how we use and manage things such as photographs, images or videos that you upload onto the Lovechain for the World to see.
1. Lovechain Platform
These Terms of Service apply to all users of the use of the Lovechain website and platform (“Platform”), including users who are also contributors of Image Content on the Service. “Image Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, upload onto or contribute to the Platform. The Platform includes all aspects of the Lovechain, including but not limited to all products, software and services offered via the Platform and other applications.
The Platform may contain links to third party websites that are not owned or controlled by the Lovechain. The Lovechain has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Lovechain will not and cannot censor or edit the content of any third-party site. By using the Platform, you expressly release the Lovechain from any and all liability arising from your use of any third-party website.
2. Your Acceptance
These Terms of Service govern your use of the Lovechain website and platform (“Platform”) and conduct in viewing on, accessing through, uploading onto or contributing Image Content to the Platform. Please press or click “I have read and agree to the Lovechain “Terms of Service” if you agree to be legally bound by all terms and conditions set out within these Terms of Service. If you are viewing this on your mobile device, you can also view these Terms of Service via a web browser. Your acceptance of these Terms of Service creates a legally binding contract between you and the Lovechain. By using the Platform you also signify your agreement to the Lovechain’s:
Lovechain Policies and Safety
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version found at the Lovechain’s website. The Lovechain may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
To be able to upload your Image Content onto the Lovechain Platform and use the Lovechain Platform generally, you will have to create a Lovechain account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Lovechain immediately of any breach of security or unauthorised use of your account.
Although the Lovechain will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of the Lovechain or others due to such unauthorised use.
The Lovechain Platform is broadly available to everyone, but you cannot use the Lovechain if:
- You are under 12 years old (or the minimum legal age in your country to use our Platform).
- You are a convicted sex offender.
- You are prohibited from receiving our products, services or software under applicable laws.
- General Use of the Platform
5. Your Use of Lovechain Content
6. Your Image Content and Conduct
On the Lovechain you have the ability to post and share with the World Image Content such as photographs, images or videos created by you by uploading them onto the Lovechain website and Platform. To be able to do this you must first be a Lovechain account holder and you understand that Lovechain does not guarantee any confidentiality with respect to any Image Content you submit.
You are solely responsible for your own Image Content and the consequences of submitting and publishing your Image Content on the Platform. You affirm, represent, and warrant that you own or have the necessary copyright, licenses, rights, consents, and permissions to publish Image Content you submit; and you license to the Lovechain all patent, trademark, trade secret, copyright or other proprietary rights in and to such Image Content for publication on the Platform pursuant to these Terms of Service.
For the avoidance of doubt, you retain all of your ownership rights in your Image Content. However, by submitting Image Content to the Lovechain, you hereby grant the Lovechain a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Image Content in connection with the Platform and the Lovechain’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Platform a non-exclusive license to access your Image Content through the Platform, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Image Content as permitted through the functionality of the Platform and under these Terms of Service. Provided the Image Content isn’t on a blockchain, then the above licenses granted by you in Image Content you submit to and upload onto the Platform terminate within a commercially reasonable time after you remove or delete your videos from the Platform. You understand and agree, however, that the Lovechain may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Image Content you submit to the Platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant all of the license rights granted herein.
The Lovechain does not endorse any Image Content submitted to the Platform by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Lovechain expressly disclaims any and all liability in connection with Image Content. The Lovechain does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and the Lovechain will remove all Image Content if properly notified that such Image Content infringes on another’s intellectual property rights. The Lovechain reserves the right to remove Image Content without prior notice.
7. NFT Creation Policy
7.1 NFT Creation and platform
As a peer-to-peer web3 platform, the Lovechain allows you to:
- mint your own Non-Fungible Tokens (“NFTs”) from the content you post on the Platform; and
- explore NFTs created by third parties displayed in the Platform’s NFT Marketplace for swapping or purchase and over time interact with different blockchains.
Currently you are only able to mint NFTs on the Platform that are ‘Algorand Standard Assets’ using the Algorand Blockchain. Over time, the Platform will allow you to mint NFTs using other blockchains.
The Lovechain does not make any representations or warranties about this third-party content visible through our Platform, including any content associated with NFTs displayed on the NFT Marketplace, and you bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers. We also cannot guarantee that any NFTs visible on the Platform’s NFT Marketplace will always remain visible and/or available to be bought, sold, or transferred.
NFTs may be subject to terms directly between buyers and sellers with respect to the use of the NFT content and benefits associated with a given NFT (“Purchase Terms”). Generally, the steps to purchase an NFT through the Platform’s NFT Marketplace are follows:
- A user (“owner”) decides on the details of the sale/auction listing and then transfers ownership of their NFT to the listing smart contract;
2a. If the sale of the NFT is by way of an auction then bidders transfer their bid to the smart contract. The highest bid is held by the contract, any other bids are returned to the losing bidders;
3a. At the completion of the auction, if the owner has set a reserve price that has not been met by any current bid, if any, the unsuccessful bid is returned to the bidder and the NFT is returned to the owner;
4a. If the current highest bid meets or exceeds the reserve price set by the owner of the NFT, the NFT is transferred to the winning bidder and the winning bid (sale price of the NFT) is transferred to the owner in a currency elected by the owner which is supported by the Platform’s NFT Marketplace (minus any fees/commissions the Platform charges the owner).
2b. If the listing is a fixed price sale, once someone purchases the NFT by transferring the list price to the contract, the purchased NFT is transferred to the purchaser and the owner is transferred the sale price in a currency elected by the owner which is supported by the Platform’s NFT Marketplace (minus any fees/commissions the Platform charges the owner).
All of these calls/transfers are handled via functions provided by the sale contract.
Alternatively, for example, when you click to get more details about any of the NFTs visible on the Platform’s NFT Marketplace, you may notice a third-party link to the creator’s website. Such website may include Purchase Terms governing the use of the NFT that you will be required to comply with. The Lovechain is not a party to any such Purchase Terms, which are solely between the buyer and the seller. The buyer and seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing Purchase Terms. You are solely responsible for reviewing such Purchase Terms.
The Lovechain NFT Marketplace may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Platform, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of the Lovechain, and may be “open” applications for which no recourse is possible. The Lovechain is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. The Lovechain provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.
7.2 Intellectual Property Rights – NFTs and Content Generally
You are solely responsible for:
- your use of the Platform;
- the minting of NFTs NFT on the Platform;
By using the Platform in conjunction with creating, submitting, posting, promoting, or displaying content, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Platform generally and in particular the NFTs you mint and create on the Platform, for our current and future business purposes, including to provide, promote, and improve the Platform. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed on the Service.
The Lovechain does not claim that minting, submitting, posting, or displaying this content on or through the Platform or the Platform’s NFT Marketplace gives the Lovechain any ownership of the content. We’re not saying we own it. We’re just saying we might use it for marketing and advertising purposes, display it and promote it.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, mint into an NFT or display on or through the Platform or the Platform’s NFT Marketplace. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant the Lovechain the license described above, and that the content does not violate any laws.
The Lovechain will take down works in response to a claim of breach under the Copyright Act 1968 (Cth), takedown notices under the Digital Millennium Copyright Act (“DMCA”) or similar legislation and/or other intellectual property infringement claims and will terminate a user’s access to the Platform if the user is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please fill out our Copyright Infringement Notice here or you may submit written notice to the Lovechain at:
Attn: Legal Department
Level 2, 11 York Street, Sydney, New South Wales, Australia
Email: [email protected]
For us to process your infringement claim regarding content on the Platform or the Platform’s NFT Marketplace, you must be the rightsholder or someone authorized to act on behalf of the rightsholder. We encourage you to use our Copyright Infringement Notice to help ensure the requisite information is included in your notice. If you choose to write to us by e-mail or physical mail instead, your notice must include:
- Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed;
- Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the Platform or the Platform’s NFT Marketplace of the material claimed to be infringing, so that we may locate the material;
- Your contact information – at a minimum, your full legal name (not pseudonym) and email address;
- A declaration that contains all of the following:
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;
- A statement that the information in the notice is accurate; and
- A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.
- Your physical or electronic signature (of your full legal name).
Please note that we will forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on the Platform and/or the Platform’s NFT Marketplace and can also contact you to resolve any dispute.
YOUR ACCESS TO AND USE OF THE PLATFORM IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE LOVECHAIN EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE LOVECHAIN (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. THE LOVECHAIN DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE LOVECHAIN WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE THE LOVECHAIN ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, THE LOVECHAIN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY NFTS, OR ANY NFTS YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE LOVECHAIN PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD THE LOVECHAIN RESPONSIBLE FOR ANY BREACH OF SECURITY.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM, THE PLATFORM’S NFT MARKETPLACE OR NFTS.
NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN SUCH AS THE ALGORAND BLOCKCHAIN. ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., ALGORAND). THE LOVECHAIN AND/OR ANY OTHER PARTY OF THE LOVECHAIN CANNOT EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.
THE LOVECHAIN OR ANY OF ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS OR ANY OTHER PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. THE LOVECHAIN IS NOT RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.
Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
- Assumption of Risk
You accept and acknowledge:
- The value of an NFT is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
- A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs.
- The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs.
- You are solely responsible for determining what, if any, taxes apply to your transactions. The Lovechain is not responsible for determining the taxes that apply to your NFTs.
- There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mis-labelled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections.
- We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and the Lovechain has no ability to reverse any transactions on the blockchain.
- There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or account. You accept and acknowledge that the Lovechain will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Platform or any Blockchain network, however caused.
- The Platform relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favour or is unavailable for a prolonged period of time, access to and use of the Platform or the Platform’s NFT Marketplace will suffer.
- The Lovechain reserves the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on the Lovechain. Under no circumstances shall the inability to view items on the Lovechain or an inability to use the Platform or the Platform’s NFT Marketplace in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against the Lovechain.
If you have a dispute with one or more users, YOU RELEASE US FROM ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
8. Account termination policy
The Lovechain will terminate a user’s access to the Platform if, under appropriate circumstances, the user is determined to be a repeat infringer.
The Lovechain reserves the right to decide whether any Image Content uploaded by you violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. The Lovechain may at any time, without prior notice and in its sole discretion, remove such Image Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
9. Copyright policy
The Lovechain operates a clear copyright policy in relation to any Image Content alleged to infringe the copyright of a third party. Details of that policy can be found here.
As part of the Lovechain’s copyright policy, the Lovechain will terminate user access to the Platform if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
10. Other terms
Having ticked the tick box on the pages titled “User Feed” or “Live Feed” on the Platform next to the link to these Terms of Service, you have hereby acknowledged, agreed, consented to and understood these Terms of Service.
Date of latest version: July 2022