Last Updated: August 9, 2022
Introduction
Welcome to the Lucent NFTs website, owned and operated by Lucent
LLC, Inc. d/b/a Lucent NFTs (“Lucent NFTs”,“Lucent NFTs Platform”,
“we”, “us” or “our”). These Terms of Use (these “Terms”)
govern your access to and use of the Lucent NFTs website; including without limitation the creation,
purchase, sale, exchange, or modification of certain digital assets; our online and/or mobile services, and
software provided on or in connection with those services (collectively, the “Service”).
This
Service also allows you to create, sell and purchase Crypto Assets. Lucent NFTs has an electronic
wallet, which allows you to purchase, store, and engage in transactions using Polygon (Matic)
cryptocurrency. Before putting up your unique digital asset in an offer to sell or purchase a unique digital
asset from another user, we will ask you to create a supported crypto wallet. Once you submit an order to
sell or purchase a unique digital asset, your order is passed on to the applicable crypto wallet, which
completes the transaction on your behalf.
“Crypto Assets” refers to unique non-fungible
tokens, implemented on the Polygon blockchain (the “Polygon Platform”) using smart
contracts.
LUCENT NFTS IS A PLATFORM. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE
SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. LUCENT NFTS FACILITATES TRANSACTIONS BETWEEN THE BUYER AND
SELLER IN THE MARKETPLACE BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF CRYPTO ASSETS
OR BETWEEN ANY USERS.
YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND
AUTHENTICITY OF ASSETS YOU PURCHASE ON LUCENT NFTS PLATFORM. NOTWITHSTANDING INDICATORS AND MESSAGES THAT
SUGGEST VERIFICATION, LUCENT NFTS MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS
ON THE PLATFORM.
Because we have a growing number of services, we sometimes need to describe additional
terms for specific services. Those additional terms and conditions, which are available with the relevant
services, then become part of your agreement with us if you use those services.
THESE TERMS OF USE ARE
IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY. WE WANT TO LET YOU KNOW THAT THE
TERMS INCLUDE AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO
BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL
ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE AGREEING TO MANDATORY
INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS.
PLEASE READ SECTION 15 CAREFULLY.
BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE
ACCOUNT REGISTRATION PROCESS, USING OUR SERVICES AND/OR PURCHASING CRYPTO ASSETS, 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 or purchase the Crypto Assets.
Lucent NFTs reserves the right to change
or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will
provide notice of such changes, such as by sending an email notification, providing notice through the
Service or updating the “Last Updated” 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. We encourage you to review the Terms frequently to ensure that you
understand the terms and conditions that apply when you access or use the Service. If you do not agree to
the revised Terms, you may not access or use the Service.
Privacy Policy
Please refer to our Privacy
Policy for information about how we collect,
use and share personal information about you.
Account Registration and Communication Preferences
Ownership
License to Access and Use Our Service and Content
You are hereby granted a
limited, nonexclusive, non transferable, non sublicensable, and personal license to access and use the
Service and Content; provided, however, that such license is subject to these Terms and does not include any
right to (a) sell, resell or use commercially the Service or Content, (b) distribute, publicly perform or
publicly display any Content, (c) modify or otherwise make any derivative uses of the Service or Content, or
any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e)
download (other than page caching) any portion of the Service or Content, except as expressly permitted by
us, and (f) use the Service or Content other than for their intended purposes.
Hyperlinks
You are granted a limited, nonexclusive, nontransferable right to
create a text hyperlink to the Service for noncommercial purposes, provided that such link does not portray
Lucent or our affiliates or any of our products or services in a false, misleading, derogatory or otherwise
defamatory manner, and provided further that the linking site does not contain any adult or illegal material
or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked
at any time. You may not use a logo or other proprietary graphic of Lucent NFTs Platform to link to the
Service or Content without our express written permission. Further, you may not use, frame or utilize
framing techniques to enclose any Lucent trademark, logo or other proprietary information, including the
images found on the Service, the content of any text or the layout or design of any page, or form contained
on a page, on the Service without our express written consent.
Third Party Services
The Service may contain links to third-party websites
(“Third-Party Websites”) and applications (“Third-Party Applications”). When you
click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left
our Service and are subject to the Terms and conditions (including privacy policies) of another website or
destination. Such Third-Party Websites and Third-Party Applications are not under the control of Lucent NFTs
Platform. Lucent NFTs Platform is not responsible for any Third-Party Websites or Third-Party Applications.
Lucent NFTs Platform provides 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. You use all links in
Third-Party Websites, and Third-Party Applications at your own risk. When you leave our Service, our Terms
and policies no longer govern. You should review all applicable agreements and policies, including privacy
and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make
whatever investigation you feel necessary or appropriate before proceeding with any transaction with any
third party.
User Conduct
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, while accessing
or using the Service or participating in the Marketplace. You agree that you will abide by these Terms and
will not:
Lucent NFTs Platform facilitates trade among a diverse community of buyers and
sellers. Openness is one of our most prized values, and we're committed to providing a platform for the
exchange of a wide range of content, including controversial content. These policies ensure that our
marketplace offers the widest selection of assets possible while promoting trust and respect, as well as
adherence to the law.
Lucent has always exercised judgment in allowing or disallowing certain assets,
listings, smart contracts, and collections consistent with the spirit of openness in a worldwide community
of users of a radical new technology. We carefully consider the complete situation and all its details in
light of our policies before deciding to remove inappropriate assets, listings, smart contracts, and
collections when we discover them or they're brought to our attention.
Assets, listings, smart
contracts, and collections that Lucent deems inappropriate, disruptive, or illegal are prohibited on Lucent
NFTs Platform. Lucent NFTs Platform reserves the rights to determine the appropriateness of listings on its
site and remove any listing at any time. If you create or offer an asset, listing, smart contract, or
collection in violation of these policies, we will take corrective actions, as appropriate, including but
not limited to removing the asset, listing, smart contract, or collection, deleting your Lucent NFTs
account, and permanently withholding referral payments and developer revenue sharing fees. Lucent NFTs
Platform cannot destroy or impound your assets or smart contracts, but we reserve the right to destroy
inappropriate metadata stored on our servers
Assets, listings, smart contracts, and collections created
or used primarily or substantially for the purpose of raising funds for the terrorist organizations on
Lucent NFTs Platform and will be removed.
The sale of stolen assets, converted assets, fraudulently
obtained assets, assets taken without authorization, and other illegally obtained assets on Lucent NFTs Platform is prohibited. Listing illegally obtained
assets may result in your listings being cancelled, your assets being hidden, or your account being
suspended.
If you have reason to believe that an asset listed on Lucent NFTs Platform was illegally
obtained, please contact us immediately at info@lucentnfts.com Include the asset's ID,
the asset's contract address, and evidence demonstrating that the asset was illegally obtained. Lucent
NFTs Platform will review your claim and reply within 72 hours. If we determine from the evidence that the
asset is stolen, we will hide it or disable trading of it.
We require all users to be 18 years old or
older. If you are under 18, you may use a parent or guardian's Lucent NFTs Platform account, but only
with the involvement of the account holder. However, the account holder is responsible for everything done
with that account.
NSFW content is meant for people who are 18 years and older. We allow the sale of this
content, but it is subject to being marked NSFW and handled differently than non-NSFW content in navigation
menus and search results. Asset names, listings and their descriptions, smart contract names, and
collections including profanity or overtly sexual content are prohibited on Lucent and will be removed. A
smart contract that contains NSFW content is subject to being marked NSFW, even if the NSFW content only
represents a portion of the content on the smart contract.
Do not create or list illegal or offensive
content, such as products that depict graphic sexual acts and images that depict children under the age of
18 in a sexually suggestive manner. Do not use profanity or graphic language in any content you list or
create on Lucent.
Bottom line about NSFW content: it's permitted on Lucent, but we're going to do
our best to keep it out of the high traffic areas and if it's extreme in any way, we'll probably
remove it.
If you become aware of the creation, listing, or buying of assets in violation of any of the
terms specified in this section, you shall contact us [email protected] to report it. Creators bear special
responsibility for informing Lucent NFTs Platform of the existence of their collections, contracts, and
assets that violate these terms.
User Information and Copyright
You are solely responsible for your use of the
Services and for any User Information you provide, including compliance with applicable laws, rules, and
regulations. We take no responsibility for the User Information posted or listed via the Services.
You
retain your rights to any User Information you submit, post, or display using the Services.
By
submitting, posting or displaying User Information on or through the Services, you grant us a worldwide,
non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any text, content,
files, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content
that you submit or post on or through the Services or through tools or applications we provide for posting
or sharing such content (collectively “User Information”) for our lawful business purposes,
including to provide, promote, and improve the Services.
Lucent does not claim that submitting, posting
or displaying User Information on or through the Services gives Lucent any ownership or resale rights in
your User Information. We're not saying we own it or will resell it. We're just saying we might 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 User Information
that you submit, post or display on or through the Services. You agree that such User Information will not
contain material subject to copyright or other proprietary rights, unless you have necessary permission or
are otherwise legally entitled to post the material and to grant Lucent the license described
above.
Lucent reserves the right to remove content without prior notice. Lucent NFTs Platform will take
down works in response to formal infringement claims and will terminate a user's access to the Services
if the user is determined to be a repeat infringer.
Formal infringement claims regarding content on the Services must include:
If you believe that your likeness has been used in a way that violates your
personality rights, please report this by contacting our designated personality rights agent
at:
[email protected]
Formal claims regarding
content on the Services must include:
Indemnification
To the fullest extent permitted by applicable law, you agree to
indemnify, defend and hold harmless Lucent, 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 “Lucent Parties”), from and against all actual or alleged
third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees,
expenses (including, without limitation, attorneys’ 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,
“Claims”), 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, User Information or Crypto
Assets, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the
rights of a third party, including another user or MetaMask. You agree to promptly notify Lucent of any
third party Claims and cooperate with the Lucent Parties in defending such Claims. You further agree that
the Lucent Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY
IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU
AND Lucent.
Disclaimers
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY Lucent,
THE SERVICE, CONTENT CONTAINED THEREIN, AND CRYPTO ASSETS LISTED THEREIN ARE PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS
OR IMPLIED. Lucent (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT 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. Lucent 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 AS TO THE SERVICE, CONTENT CONTAINED THEREIN. Lucent DOES NOT REPRESENT
OR WARRANT THAT CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE 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 LUCENT ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT
SAFE, Lucent CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, ANY CRYPTO ASSETS LISTED ON
OUR SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY
OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND
DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS
DUE TO OUR GROSS NEGLIGENCE.
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 CRYPTO ASSETS, INCLUDING BUT NOT LIMITED
TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY
CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET
FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING
WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE
OR CRYPTO ASSETS.
CRYPTO ASSETS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP
RECORD MAINTAINED IN THE POLYGON NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET
OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE POLYGON PLATFORM. WE DO NOT GUARANTEE THAT LUCENT OR ANY
LUCENT PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY CRYPTO ASSETS.
Lucent is not responsible
for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g.,
wallet, smart contract), blockchains or any other features of the Crypto Assets. Lucent is not responsible
for casualties due to late reports by developers or representatives (or no report at all) of any issues with
the blockchain supporting Crypto Assets including forks, technical node issues or any other issues having
fund losses as a result.
Nothing in these Terms shall exclude or limit liability of either party for
fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be
limited or excluded by legitimate means.
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:
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL
Lucent 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, 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 WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF Lucent HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, 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 LUCENT ARISING OUT OF OR IN
ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, CRYPTO ASSETS, OR ANY
PRODUCTS OR SERVICES PURCHASED ON THE SERVICE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY
Lucent FROM THE SALE OF CRYPTO ASSETS THAT ARE THE SUBJECT OF THE CLAIM.
THE FOREGOING LIMITATIONS OF
LIABILITY SHALL NOT APPLY TO LIABILITY OF Lucent FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF
Lucent’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF Lucent’S FRAUD OR FRAUDULENT
MISREPRESENTATION
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.
Modifications to the Service
We reserve the right in our sole discretion to
modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof)
or suspend or discontinue the Marketplace at any time and without liability therefore.
Dispute Resolution; Arbitration.
Termination
Notwithstanding anything contained in these Terms, we reserve the
right, without notice and in our sole discretion, to terminate your right to access or use the Service 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, to the fullest extent permitted by applicable law.
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.
Survival
The following sections will survive the expiration or termination of
these Terms and the termination of your Account: all defined terms and Sections 1-4 and 7-19.
Miscellaneous
These Terms along with the Marketplace Rules constitute the entire
agreement between you and Lucent relating to your access to and use of the Services and Content, and your
participation in the Marketplace. These Terms, and any rights and licenses granted hereunder, may not be
transferred or assigned by you without the prior written consent of Lucent NFTS Platform prior, concurrent
or subsequent circumstance, and Lucent’s failure to assert any right or provision under these Terms
shall not constitute a waiver of such right or provision. 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.