Terms of Service
Last Updated: January 1, 2023
1. Introduction
Welcome to In Writing, owned and operated by Sunrises LLC d/b/a In Writing
(âIn Writing,â âwe,â âusâ, or âourâ). These Terms of Service (âTermsâ)
govern your access to and use of the In Writing website(s), our APIs, and
any other software, tools, features, or functionalities provided on or in
connection with our services; including without limitation using our
services to view, explore, and create NFTs and use our tools, at your own
discretion, to connect directly with others to purchase, sell, or transfer
NFTs on public blockchains (collectively, the âServiceâ). âNFTâ in these
Terms means a non-fungible token or similar digital item implemented on a
blockchain (such as the Polygon blockchain), which uses smart contracts to
link to or otherwise be associated with certain content or data.
For purposes of these Terms, âuserâ, âyouâ, and âyourâ means you as the
user of the Service. If you use the Service on behalf of a company or
other entity then âyouâ includes you and that entity, and you represent
and warrant that (a) you are an authorized representative of the entity
with the authority to bind the entity to these Terms, and (b) you agree to
these Terms on the entityâs behalf. PLEASE READ THESE TERMS OF SERVICE
CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL
RIGHTS. AS OUTLINED IN SECTION 16 BELOW, THEY INCLUDE A MANDATORY
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED
EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH
INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT. BY
CLICKING TO ACCEPT AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY
THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU
DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE. In
Writing is not a wallet provider, exchange, broker, financial institution,
or creditor. In Writing provides a peer-to-peer web3 service that helps
users discover and directly interact with each other and NFTs available on
public blockchains. We do not have custody or control over the NFTs or
blockchains you are interacting with and we do not execute or effectuate
purchases, transfers, or sales of NFTs. To use our Service, you must use a
third-party wallet which allows you to engage in transactions on
blockchains. In Writing is not party to any agreement between any users.
You bear full responsibility for verifying the identity, legitimacy, and
authenticity of NFTs that you purchase from third-party sellers using the
Service and we make no claims about the identity, legitimacy,
functionality, or authenticity of users or NFTs (and any content
associated with such NFTs) visible on the Service. Because we have a
growing number of services, we sometimes need to provide additional terms
for specific services (and such services are deemed part of the âServiceâ
hereunder and shall also be subject to these Terms). Those additional
terms and conditions, which are available with the relevant service, then
become part of your agreement with us if you use those services. In the
event of a conflict between these Terms and any additional applicable
terms we may provide for a specific service, such additional terms shall
control for that specific service. In Writing reserves the right to change
or modify these Terms at any time and in our sole discretion. If we make
material changes to these Terms, we will use reasonable efforts to provide
notice of such changes, such as by providing notice through the Service or
updating the âLast Updatedâ date at the beginning of these Terms. By
continuing to access or use the Service, you confirm your acceptance of
the revised Terms and all of the terms incorporated therein by reference
effective as of the date these Terms are updated. It is your sole
responsibility to review the Terms from time to time to view such changes
and to ensure that you understand the terms and conditions that apply when
you access or use the Service.
2. Accessing the Service
Like much of web3, your blockchain address functions as your identity on
In Writing. Accordingly, you will need a blockchain address and a
third-party wallet to access the Service. Your account on the service
(âAccountâ) will be associated with your blockchain address; however, if
you want to add some flair to your In Writing persona, you can add
additional information,
Your Account on In Writing will be associated with your linked blockchain
address and display the NFTs for that blockchain address (and, if
applicable, any content associated with such NFTs). By using your wallet
in connection with the Service, you agree that you are using that wallet
under the terms and conditions of the applicable provider of the wallet.
Wallets are not operated by, maintained by, or affiliated with In Writing,
and In Writing does not have custody or control over the contents of your
wallet and has no ability to retrieve or transfer its contents. In Writing
accepts no responsibility for, or liability to you, in connection with
your use of a wallet and makes no representations or warranties regarding
how the Service will operate with any specific wallet. You are solely
responsible for keeping your wallet secure and you should never share your
wallet credentials or seed phrase with anyone. If you discover an issue
related to your wallet, please contact your wallet provider. Likewise, you
are solely responsible for your Account and any associated wallet and we
are not liable for any acts or omissions by you in connection with your
Account or as a result of your Account or wallet being compromised. You
agree to immediately notify us if you discover or otherwise suspect any
security issues related to the Service or your Account (you can contact us
here).
You also represent and warrant that you will comply with all applicable
laws (e.g., local, state, federal and other laws) when using the Service.
Without limiting the foregoing, by using the Service, 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 have not been identified as a
Specially Designated National or placed on any U.S. Government list of
prohibited, sanctioned, or restricted parties. If you access or use the
Service outside the United States, you are solely responsible for ensuring
that your access and use of the Service in such country, territory or
jurisdiction does not violate any applicable laws.
In Writing may require you to provide additional information and documents
in certain circumstances, such as at the request of any government
authority, as any applicable law or regulation dictates, or to investigate
a potential violation of these Terms. In such cases, In Writing, in its
sole discretion, may disable your Account and block your ability to access
the Service until such additional information and documents are processed
by In Writing. If you do not provide complete and accurate information in
response to such a request, In Writing may refuse to restore your access
to the Service.
Your access and use of the Service may be interrupted from time to time
for any of several reasons, including, without limitation, the malfunction
of equipment, periodic updating, maintenance, or repair of the Service or
other actions that In Writing, in its sole discretion, may elect to take.
We require all users to be at least 18 years old. If you are at least 13
years old but under 18 years old, you may only use In Writing through a
parent or guardianâs Account and with their approval and oversight. That
account holder is responsible for your actions using the Account. It is
prohibited to use our Service if you are under 13 years old.
3. Ownership
The Service, including its âlook and feelâ (e.g., text, graphics, images,
logos, page headers, button icons, and scripts), proprietary content,
information and other materials, and all content and other materials
contained therein, including, without limitation, the In Writing logo and
all designs, text, graphics, pictures, data, software, sound files, other
files, and the selection and arrangement thereof are the proprietary
property of In Writing or our affiliates, licensors, or users, as
applicable, and you agree not to take any action(s) inconsistent with such
ownership interests. We and our affiliates, licensors, and users, as
applicable, reserve all rights in connection with the Service and its
content, including, without limitation, the exclusive right to create
derivative works.
In Writingâs name, logo, trademarks, and any In Writing product or service
names, designs, logos, and slogans are the intellectual property of In
Writing or our affiliates or licensors and may not be copied, imitated or
used, in whole or in part, without our prior written permission in each
instance. You may not use any metatags or other âhidden textâ utilizing
âIn Writingâ or any other name, trademark or product or service name of In
Writing or our affiliates or licensors without our prior written
permission.
In addition, the âlook and feelâ of the Service constitutes the service
mark, trademark or trade dress of In Writing and may not be copied,
imitated or used, in whole or in part, without our prior written
permission.
All other third-party trademarks, registered trademarks, and product names
mentioned on the Service or contained in the content linked to or
associated with any NFTs displayed on the Service are the property of
their respective owners and may not be copied, imitated or used, in whole
or in part, without the permission of the applicable intellectual property
rights holder. Reference to any products, services, processes or other
information by name, trademark, manufacturer, supplier or otherwise does
not constitute or imply endorsement, sponsorship, or recommendation by In
Writing.
We welcome feedback, comments, and suggestions for improvements to the
Service (âFeedbackâ). You acknowledge and expressly agree that any
contribution of Feedback does not and will not give or grant you any
right, title, or interest in the Service or in any such Feedback. You
agree that In Writing may use and disclose Feedback in any manner and for
any purpose whatsoever without further notice or compensation to you and
without retention by you of any proprietary or other right or claim. You
hereby assign to In Writing any and all right, title, and interest
(including, but not limited to, any patent, copyright, trade secret,
trademark, show-how, know-how, moral rights and any and all other
intellectual property right) that you may have in and to any and all
Feedback.
4. License to Access and Use Our Service and Content
You are hereby granted a limited, nonexclusive, nontransferable,
nonsublicensable, and personal license to access and use the Service
provided, however, that such license is subject to your compliance with
these Terms. If any software, content, or other materials owned by,
controlled by, or licensed to us are distributed or made available to you
as part of your use of the Service, we hereby grant you a non-commercial,
personal, non-assignable, non-sublicensable, non-transferrable, and
non-exclusive right and license to access and display such software,
content, and materials provided to you as part of the Service (and right
to download a single copy of the App onto your applicable equipment or
device), in each case for the sole purpose of enabling you to use the
Service as permitted by these Terms, provided that your license in any
content linked to or associated with any NFTs is solely as set forth by
the applicable seller or creator of such NFT.
5. Third-Party Content and Services
As a peer-to-peer web3 service, In Writing helps you explore NFTs created
by third parties and interact with different blockchains. In Writing does
not make any representations or warranties about this third-party content
visible through our Service, including any content associated with NFTs
displayed on the Service, 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 In
Writing 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 (âPurchase Termsâ). For example, when you click to get more details
about any of the NFTs visible on In Writing, you may notice a third party
link to the creatorâs website. Such website may include Purchase Terms
governing the use of the NFT that you will be required to comply with. In
Writing 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 Service may also contain links or functionality to access or use
third-party websites (âThird-Party Websitesâ) and applications
(âThird-Party Applicationsâ), or otherwise display, include, or make
available content, data, information, services, applications, or materials
from third parties (âThird-Party Materialsâ). 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 Service, 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 In
Writing, and may be âopenâ applications for which no recourse is possible.
In Writing is not responsible or liable for any Third-Party Websites,
Third-Party Applications, and Third-Party Materials. In Writing 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.
6. User Conduct
Openness is one of our most prized values, and weâre committed to
providing people from all walks of life and varying experience levels with
web3 with a colorful lens into different blockchains. However, to comply
with our legal obligations, we reserve the right to take action, with or
without advance notice, if we believe you have violated these Terms. This
may include: removing the ability to view certain NFTs on the platform
(but not the public blockchain); and/or other actions.
You agree that you will not violate any law, contract, intellectual
property or other third-party right, and that you are solely responsible
for your conduct and content, while accessing or using the Service. You
also agree that you will not:
Use or attempt to use another userâs Account without authorization from
such user; Pose as another person or entity; Claim an In Writing username
for the purpose of reselling it or otherwise engage in name squatting;
Access the Service from a different blockchain address if weâve blocked
any of your other blockchain addresses from accessing the Service, unless
you have our written permission first; Distribute spam, including through
sending unwanted NFTs to other users; Use the Service â including through
disseminating any software or interacting with any API â that could
damage, disable, overburden, or impair the functioning of the Service in
any manner; Bypass or ignore instructions that control access to the
Service, including attempting to circumvent any rate limiting systems by
using multiple API keys, directing traffic through multiple IP addresses,
or otherwise obfuscating the source of traffic you send to In Writing; Use
any data mining, robot, spider, crawler, scraper, script, browser
extension, offline reader, or other automated means or interface not
authorized by us to access the Service, extract data, or otherwise
interfere with or modify the rendering of Service pages or functionality;
Reverse engineer, duplicate, decompile, disassemble, or decode any aspect
of the Service, or do anything that might discover source code or bypass
or circumvent measures employed to prevent or limit access to any service,
area, or code of the Service; Sell or resell the Service or attempt to
circumvent any In Writing fee systems; Engage in behaviors that have the
intention or the effect of artificially causing an item or collection to
appear at the top of search results, or artificially increasing view
counts, favorites, or other metrics that In Writing might use to sort
search results; Use the Service or data collected from our Service for any
advertising or direct marketing activity (including without limitation,
email marketing, SMS marketing, and telemarketing); Use the Service for
money laundering, terrorist financing, or other illicit finance; Use the
Service from a country sanctioned by the government of the United States
or to facilitate transactions involving individuals sanctioned by the
government of the United States or located in sanctioned countries; Use
the Service to carry out any financial activities subject to registration
or licensing, including but not limited to creating, selling, or buying
securities, commodities, options, or debt instruments; Use the Service to
create, sell, or buy NFTs or other items that give owners rights to
participate in an ICO or any securities offering, or that are redeemable
for securities, commodities, or other financial instruments; Use the
Service to engage in price manipulation, fraud, or other deceptive,
misleading, or manipulative activity; Use the Service to buy, sell, or
transfer stolen items, fraudulently obtained items, items taken without
authorization, and/or any other illegally obtained items; Infringe or
violate the intellectual property rights or any other rights of others;
Create or display illegal content, such as content that may involve child
sexual exploitation; Create or display NFTs or other items that promote
suicide or self-harm, incites hate or violence against others, or doxes
another individual; Use the Service for any illegal or unauthorized
purpose, including creating or displaying illegal content, such as content
that may involve child sexual exploitation, or encouraging or promoting
any activity that violates the Terms of Service; Use the Service in any
manner that could interfere with, disrupt, negatively affect or inhibit
other users from fully enjoying the Service.
Finally, by using the Service, you understand the importance of DYOR â
doing your own research. You bear full responsibility for verifying the
authenticity, legitimacy, identity, and other details about any NFT,
collection, or account that you view or otherwise interact with in
conjunction with our Service. We make no guarantees or promises about the
identity, legitimacy, or authenticity of any NFT, collection, or account
on the Service.
7. Intellectual Property Rights
You are solely responsible for your use of the Service and for any
information you provide, including compliance with applicable laws, rules,
and regulations, as well as these Terms, including the User Conduct
requirements outlined above.
By using the Service in conjunction with creating, submitting, posting,
promoting, or displaying content, or by complying with In Writingâs
metadata standards in your metadata API responses, 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 Service for our current and future business purposes,
including to provide, promote, and improve the Service. This includes any
digital file, art, or other material linked to or associated with any NFTs
that are displayed on the Service.
In Writing does not claim that submitting, posting, or displaying this
content on or through the Service gives In Writing any ownership of the
content. We're not saying we own it. We're just saying we might use it and
show it off a bit.
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, or display on or through the Service. 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 In Writing the license described above, and that
the content does not violate any laws.
In Writing will take down works in response to Digital Millennium
Copyright Act (âDMCAâ) takedown notices and/or other intellectual property
infringement claims and will terminate a user's access to the Service 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 contact us at admin@inwriting.io. For us to process your
infringement claim regarding content on the Service, you must be the
rightsholder or someone authorized to act on behalf of the rightsholder.
We encourage you to use our form 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 Service of the material claimed to be infringing, so that we may
locate the material; Your contact information â 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 In Writing and can also contact you to resolve any dispute.
8. Communication Preferences
By creating an Account, you consent to receive electronic communications
from In Writing (e.g., via email, push notification, text messages, or
other types of messages). These communications may include notices about
your Account (e.g., transactional information) and are part of your
relationship with us. We may also send you promotional communications via
email we think will be of interest to you. You understand that you are not
required to provide this consent as a condition of using the Service and
you may opt out of these communications through the Service or through
your mobile deviceâs operating system (with the possible exception of
important service announcements and administrative messages) by following
the unsubscribe instructions provided.
10. Indemnification
By agreeing to these Terms and accessing the Service, you agree, to the
fullest extent permitted by applicable law, to indemnify, defend, and hold
harmless In Writing, and our respective past, present, and future
employees, officers, directors, contractors, consultants, equity holders,
suppliers, vendors, service providers, parent companies, subsidiaries,
affiliates, agents, representatives, predecessors, successors, and assigns
(individually and collectively, the âIn Writing Partiesâ), from and
against all actual or alleged claims, damages, awards, judgments, losses,
liabilities, obligations, penalties, interest, fees, expenses (including,
without limitation, attorneysâ fees and expenses), and costs (including,
without limitation, court costs, costs of settlement, and costs of
pursuing indemnification and insurance), of every kind and nature
whatsoever, whether known or unknown, foreseen or unforeseen, matured or
unmatured, or suspected or unsuspected, in law or equity, whether in tort,
contract, or otherwise (collectively, âClaimsâ), including, but not
limited to, damages to property or personal injury, that are caused by,
arise out of or are related to (a) your use or misuse of the Service,
content, NFTs, or content linked to or associated with any NFTs (b) any
Feedback you provide, (c) your violation or breach of any term of these
Terms or applicable law, and (d) your violation of the rights of or
obligations to a third party, including another user or third-party, and
(e) your negligence or wilful misconduct. You agree to promptly notify In
Writing of any Claims and cooperate with the In Writing Parties in
defending such Claims. You further agree that the In Writing Parties shall
have control of the defense or settlement of any Claims. THIS INDEMNITY IS
IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A
WRITTEN AGREEMENT BETWEEN YOU AND In Writing.
11. Disclaimers
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND
AND AGREE THAT THE SERVICE IS PROVIDED ON AN âAS ISâ AND âAS AVAILABLEâ
BASIS AND In Writing EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY
KIND, EITHER EXPRESS OR IMPLIED. In Writing (AND ITS SUPPLIERS) MAKE NO
WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHMATICER
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. In Writing 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. In Writing 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 In
Writing ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, In
Writing 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 PROVIDERSâ 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, WHMATICER
ORAL OR OBTAINED FROM THE In Writing 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 In Writing 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
SERVICE OR NFTS.
NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE
ASSOCIATED BLOCKCHAIN (E.G., MATICEREUM NETWORK). ANY TRANSFERS OR SALES
OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., MATICEREUM).
In Writing AND/OR ANY OTHER In Writing PARTY CANNOT EFFECT OR OTHERWISE
CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR
ASSOCIATED CONTENT OR ITEMS. NO In Writing 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. NO In Writing PARTY IS
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.
12. Assumption of Risk
You accept and acknowledge:
The value of an NFTs 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. In Writing 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, mislabeled 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 In Writing 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 In Writing will not be
responsible for any communication failures, disruptions, errors,
distortions or delays you may experience when using the Service or any
Blockchain network, however caused. The Service 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 favor or is unavailable for a prolonged period of time,
access to and use of the Service will suffer. In Writing 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
In Writing. Under no circumstances shall the inability to view items on In
Writing or an inability to use the Service in conjunction with the
purchase, sale, or transfer of items available on any blockchains serve as
grounds for a claim against In Writing. If you have a dispute with one or
more users, YOU RELEASE US FROM 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 (WHMATICER 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.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL In
Writing OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICE,
PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO
LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS,
LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHMATICER CAUSED BY
STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR
OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF In Writing OR ITS SERVICE
PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR
ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING
OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR
PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, PRODUCTS
OR THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK,
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT
SHALL THE MAXIMUM AGGREGATE LIABILITY OF In Writing ARISING OUT OF OR IN
ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE,
CONTENT, NFTS, OR ANY In Writing PRODUCTS OR SERVICES EXCEED THE GREATER
OF (A) $100 OR (B) THE AMOUNT RECEIVED BY In Writing FOR ITS SERVICE
DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE
FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF
ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or exclusion may not
apply to you. Some jurisdictions also limit disclaimers or limitations of
liability for personal injury from consumer products, so this limitation
may not apply to personal injury claims.
14. Privacy Policy
Please refer to our Privacy Policy for information about how we collect,
use, and share personal data about you. By submitting personal data
through our Service, you agree to the terms of our Privacy Policy and you
expressly consent to the collection, use, and disclosure of your personal
data in accordance with the Privacy Policy.
15. Modifications to the Service
We reserve the right in our sole discretion to modify, suspend, or
discontinue, temporarily or permanently, the Service (or any features or
parts thereof) at any time and without liability as a result.
16. Dispute Resolution; Arbitration
Dispute Resolution. Please read the following arbitration agreement in
this Section (âArbitration Agreementâ) carefully. It requires you to
arbitrate disputes with In Writing and limits the manner in which you can
seek relief from us. This section does not govern disputes between users
or between users and third parties.. In Writing does not provide dispute
resolution services for such disagreements and the parties must resolve
those disputes directly. Applicability of Arbitration Agreement. You agree
that any dispute, controversy, or claim relating in any way to your access
or use of the Service, to any products sold or distributed through the
Service, or to any aspect of your relationship with In Writing, will be
resolved by binding arbitration, rather than in court, including threshold
questions of the arbitrability of such dispute, controversy, or claim
except that (1) you or In Writing may assert claims in small claims court,
but only if the claims qualify, the claims remain only in such court, and
the claims remain on an individual, non-representative, and non-class
basis; and (2) you or In Writing may seek injunctive or equitable relief
in a court of proper jurisdiction if the claim relates to intellectual
property infringement or other misuse of intellectual property rights.
Dispute resolution process. You and In Writing both agree to engage in
good-faith efforts to resolve disputes prior to either party initiating an
arbitration, small claims court proceeding, or equitable relief for
intellectual property infringement. You must initiate this dispute
resolution process by sending a letter describing the nature of your claim
and desired resolution to: In Writing, Attn: Legal Department, 228 Park
Avenue South, #22014, New York, NY 10003. Both parties agree to meet and
confer personally, by telephone, or by videoconference (hereinafter
âConferenceâ) to discuss the dispute and attempt in good faith to reach a
mutually beneficial outcome that avoids the expenses of arbitration or,
where applicable, litigation. If you are represented by counsel, your
counsel may participate in the Conference as well, but you agree to fully
participate in the Conference. Likewise, if In Writing is represented by
counsel, its counsel may participate in the Conference as well, but In
Writing agrees to have a company representative fully participate in the
Conference. The statute of limitations and any filing fee deadlines shall
be tolled while the parties engage in the informal dispute resolution
process and Conference required by this paragraph. If the parties do not
reach agreement to resolve the dispute within thirty (30) days after
initiation of this dispute resolution process, either party may commence
arbitration, file an action in small claims court, or file a claim for
injunctive or equitable relief in a court of proper jurisdiction for
matters relating to intellectual property infringement, if the claims
qualify. Arbitration Rules and Forum. The Federal Arbitration Act governs
the interpretation and enforcement of this Arbitration Agreement. To begin
an arbitration proceeding after participating in the dispute resolution
process, you must send a letter requesting arbitration and describing your
claim to our registered agent at In Writing, Attn: Legal Department, 228
Park Avenue South, #22014, New York, NY 10003. The arbitration will be
conducted by JAMS, an established alternative dispute resolution provider.
Disputes involving claims and counterclaims under $250,000, not inclusive
of attorneysâ fees and interest, shall be subject to JAMSâs most current
version of the Streamlined Arbitration Rules and the JAMS Consumer Minimum
Standards then in effect; all other claims shall be subject to JAMSâs most
current version of the Comprehensive Arbitration Rules and Procedures and
the JAMS Consumer Minimum Standards then in effect. JAMSâs rules are
available at jamsadr.com or by calling JAMS at 800-352- 5267. If JAMS is
not available to arbitrate, the parties will select an alternative
arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS
filing, administrative, hearing, and/or other fees and cannot obtain a
waiver from JAMS, In Writing will pay them for you if you complied with
the dispute resolution process set forth above. In addition, In Writing
will reimburse all such JAMS filing, administrative, hearing, and/or other
fees for claims totaling less than $10,000 unless the arbitrator
determines the claims are frivolous or you did not comply with the dispute
resolution process set forth above, except that if you have initiated the
arbitration claim, you will still be required to pay the lesser of $250 or
the maximum amount permitted under the JAMS Rules for arbitration claims
initiated by you. You are still responsible for all additional costs that
you incur in the arbitration, including without limitation, fees for
attorneys or expert witnesses. You may choose to have the arbitration
conducted by telephone or videoconference, based on written submissions,
in person in your hometown area (if you live in the United States), or at
another mutually agreed upon location that is reasonably convenient to
you. Any judgment on the award rendered by the arbitrator may be entered
in any court of competent jurisdiction. Authority of Arbitrator. The
arbitrator shall have exclusive authority to (a) determine the scope and
enforceability of this Arbitration Agreement and (b) resolve any dispute
related to the interpretation, applicability, enforceability, or formation
of this Arbitration Agreement including, but not limited to, any claim
that all or any part of this Arbitration Agreement is void or voidable.
The arbitration will decide the rights and liabilities, if any, of you and
In Writing. The arbitration proceeding will not be consolidated with any
other matters or joined with any other cases or parties. The arbitrator
shall have the authority to grant motions dispositive of all or part of
any claim. The arbitrator shall have the authority to award monetary
damages and to grant any non-monetary remedy or relief available to an
individual under applicable law, the arbitral forumâs rules, and these
Terms. The arbitrator shall issue a written award and statement of
decision describing the essential findings and conclusions on which the
award is based, including the calculation of any damages awarded. The
arbitrator has the same authority to award relief on an individual basis
that a judge in a court of law would have. The award of the arbitrator is
final and binding upon you and us. Waiver of Jury Trial. YOU AND In
Writing HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN
COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and In Writing
are instead electing that all claims and disputes shall be resolved by
arbitration under this Arbitration Agreement, except as specified in the
second bullet of this Section 16, above (âApplicability of Arbitration
Agreementâ). An arbitrator can award on an individual basis the same
damages and relief as a court and must follow these Terms as a court
would. However, there is no judge or jury in arbitration, and court review
of an arbitration award is subject to very limited review. Waiver of Class
Actions and Class Arbitrations. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE
OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS
AND NOT ON A REPRESENTATIVE OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL
RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY
CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON,
OR ENTITY. Accordingly, under the arbitration procedures outlined in this
section, an arbitrator shall not combine or consolidate more than one
partyâs claims without the written consent of all affected parties to an
arbitration proceeding. Without limiting the generality of the foregoing,
you and In Writing agree that no dispute shall proceed by way of class
arbitration without the written consent of all affected parties. If a
decision is issued stating that applicable law precludes enforcement of
any part of this subsectionâs limitations as to a given claim for relief,
then that claim must be severed from the arbitration and brought in the
state or federal courts located in New York County in the State of New
York. All other claims shall be arbitrated. Severability. Except as
provided in this Section, if any part or parts of this Arbitration
Agreement are found under the law to be invalid or unenforceable, then
such specific part or parts shall be of no force and effect and shall be
severed and the remainder of the Arbitration Agreement shall continue in
full force and effect. Survival of Agreement. This Arbitration Agreement
will survive the termination of your relationship with In Writing.
17. Governing Law and Venue
These Terms and your access to and use of the Service shall be governed by
and construed and enforced in accordance with the laws of the State of New
York (without regard to conflict of law rules or principles of the State
of New York, or any other jurisdiction that would cause the application of
the laws of any other jurisdiction). Any dispute between the parties that
is not subject to arbitration as set forth in Section 16 or cannot be
heard in small claims court, shall be resolved in the state or federal
courts of New York County in the State of New York, and the United States,
respectively, sitting in the State of New York.
18. Termination
If you breach any of the provisions of these Terms, all licenses granted
by In Writing will terminate automatically. Additionally, notwithstanding
anything contained in these Terms, we reserve the right, with or without
notice and in our sole discretion, to suspend, disable, terminate, or
delete your Account and/or your ability to access or use the Service (or
any part of the foregoing) at any time and for any or no reason, and you
acknowledge and agree that we shall have no liability or obligation to you
in such event and that you will not be entitled to a refund of any amounts
that you have already paid to us.
19. Severability
If any term, clause, or provision of these Terms is held invalid or
unenforceable, then that term, clause, or provision will be severable from
these Terms and will not affect the validity or enforceability of any
remaining part of that term, clause, or provision, or any other term,
clause, or provision of these Terms.
20. Injunctive Relief
You agree that a breach of these Terms will cause irreparable injury to In
Writing for which monetary damages would not be an adequate remedy and In
Writing shall be entitled to equitable relief in addition to any remedies
it may have hereunder or at law without a bond, other security, or proof
of damages.
21. California Residents
If you are a California resident, in accordance with Cal. Civ. Code §
1789.3, you may report complaints to the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer
Affairs by contacting them in writing at 1625 North Market Blvd., Suite N
112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
22. Export Laws
You agree that you will not export or re-export, directly or indirectly,
the Service, and/or other information or materials provided by In Writing
hereunder, to any country for which the United States or any other
relevant jurisdiction requires any export license or other governmental
approval at the time of export without first obtaining such license or
approval. In particular, but without limitation, the Service may not be
exported or re-exported (a) into any U.S. embargoed countries or any
country that has been designated by the U.S. Government as a âterrorist
supportingâ country, or (b) to anyone listed on any U.S. Government list
of prohibited or restricted parties, including the U.S. Treasury
Departmentâs list of Specially Designated Nationals or the U.S. Department
of Commerce Denied Personâs List or Entity List. By using the Service, you
represent and warrant that you are not located in any such country or on
any such list. You are responsible for and hereby agree to comply at your
sole expense with all applicable United States export laws and
regulations.
23. Survival
All sections which by their nature should survive the termination of these
Terms shall continue in full force and effect subsequent to and
notwithstanding any termination of these Terms by In Writing or you.
Termination will not limit any of In Writingâs other rights or remedies at
law or in equity.
24. Miscellaneous
These Terms constitute the entire agreement between you and In Writing
relating to your access to and use of the Service.
These Terms, and any rights and licenses granted hereunder, may not be
transferred or assigned by you without the prior written consent of In
Writing, and In Writingâs failure to assert any right or provision under
these Terms shall not constitute a waiver of such right or provision. No
waiver by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default. The
section headings used herein are for reference only and shall not be read
to have any legal effect.
The Service is operated by us in the United States. Those who choose to
access the Service from locations outside the United States do so at their
own initiative and are responsible for compliance with applicable local
laws. You and In Writing agree that the United Nations Convention on
Contracts for the International Sale of Goods will not apply to the
interpretation or construction of these Terms.
Except as otherwise provided herein, these Terms are intended solely for
the benefit of the parties and are not intended to confer third-party
beneficiary rights upon any other person or entity.
25. Competitions
Eligibility to Enter:
The competition is open to entrants over 18 years of age. Sunrises LLC (In Writing's parent company) employees are excluded from the draw.
By entering the competition, you confirm that you are eligible to do so and that you are eligible to receive any prizes that may be awarded to you.
There is a limit of one entry per person and the competition is completely free to enter.
The Prize:
The winning prize will be 100 MATIC.
The use of specific brands as prizes by Sunrises LLC does not imply any affiliation with or endorsement of such brands.
The prize is non-transferable and non-exchangeable, and no cash alternatives will be provided.
We reserve the right to substitute prizes of equal or greater value if circumstances beyond our control require doing so.
Sunrises LLC's decision on any aspect of the competition is final and binding, and no correspondence will be entered into about it.
Winner Announcement:
The winner will be chosen at random and notified via payment to the crypto address provided on or before February 15 2023.
Sunrises LLC will make two attempts to contact the winner via social media provided, if relevant.
If the winner does not respond to the emails informing them of their win within 14 days of the second email, they forfeit their right to the prize, and Sunrises LLC reserves the right to select and notify a new winner.
Delivery of Prize:
The winners will allow 14 days for the prize to be delivered, otherwise alternative collection or delivery arrangements can be made through mutual agreement.
Data Protection and Privacy:
You agree that any personal information that you provide when entering the competition will be used by Sunrises LLC for the purposes of administering the competition and for the other purposes as specified in our Privacy Policy.
All entrants may request information on the winning participant by emailing admin@inwriting.io.
If requested by Sunrises LLC, the winner agrees to release their first name to any other competition participants.
The winner's first name and country of residence may be announced on Sunrises LLC's website, or In Writing's website, and any pertinent social media channels.
Limitation of Liability:
Sunrises LLC accepts no liability for any damage, loss, injury, or disappointment suffered by any entrants as a result of participating in the competition or being selected for a prize.
General:
Sunrises LLC reserves the right, at any time and without prior notice, to cancel the competition or amend these terms and conditions.