Terms and Conditions

1. Introduction

Welcome to Butclick Technology OÜ (Private Limited Company), registered in the Commercial Register of the Republic of Estonia under Registration Code number 16451354 on 28-02-2022 ("BUTCLICK", "we", "us", "our" or "our"). These Terms of Service ("Terms") govern your access to and use of our branded websites and Perception Face product and service lines, our APIs, mobile application (the "App") and any other software, tools, features or functionalities provided in connection with our services; including, without limitation, your use of our services to view, browse and trade NFTs and use our tools, at your own discretion, to connect directly with others to buy, sell or transfer NFTs on public blockchains (collectively, the "Service"). "NFT" in these Terms means a non-fungible token or similar digital item implemented on a blockchain of the kind that uses smart contracts to link or associate with certain content and/or data.

For purposes of these Terms and Conditions of Use, "user," "you" and "your" refer to you as a user of the Service. If you are using the Service on behalf of a company or other entity, "you" includes you and/or that entity, and you represent and warrant that: (a) you are an authorized representative of the entity with the authority to bind the entity in connection with these Terms and Conditions of Use (b) you agree to these Terms on behalf of the entity.

The Perception Face team asks that you please read these "Terms and Conditions of Use carefully," as they contain important information and may affect your legal rights. As described below, they include a binding arbitration agreement and a class action waiver that (with limited exceptions) require that any dispute between us be resolved by individual arbitration and not by a judge or jury in a court of law.

When users of our services click to accept and/or use our service, they agree to be bound by these terms and all terms incorporated herein by reference. If a user does not agree to these terms, they may not access or use our services.

BUTCLICK is not a wallet provider, exchange, broker, or financial institution. BUTCLICK provides a peer-to-peer web3 service that helps users discover and interact directly with each other and with NFTs available on public blockchains. We have no custody or control over the NFTs or blockchains you interact with and we do not execute or effect purchases, transfers or sales of NFTs. To use our Services, you must use a third party wallet that allows you to transact on blockchains.

BUTCLICK is not a party to any agreement between any of the users. Users bear all responsibility for verifying the identity, legitimacy and/or authenticity of the NFTs you purchase from third party vendors through the Service and/or we make no claims as to the identity, legitimacy, functionality and/or authenticity of users and/or NFTs (and any content associated with such NFTs) visible on our Services.

Because we will be constantly increasing our services, we will need to provide additional terms and conditions of use for specific services (and such services are considered part of the "Service" below and will also be subject to these Terms and Conditions of Use). Those additional terms and conditions of use, which are available with the applicable service, become part of your agreement with us if you use those services. In the event of a conflict between these Terms and Conditions of Use and any applicable additional terms we may provide for a specific service, such additional terms will prevail for that specific service, which users agree to.

BUTCLICK reserves the right to change or modify these Terms and Conditions of Use, at any time and in its sole unilateral discretion. If we make material changes to these Terms and Conditions of Use, we will use reasonable efforts to provide notice of such changes, for example, by providing notice through the Service and/or by updating the "Last Updated" date at the beginning of these Terms and Conditions of Use. By continuing to access and/or use the Service, you confirm your acceptance of the revised Terms of Use and all terms incorporated therein by reference as of the date these Terms of Use are updated. It is your sole responsibility to review the Terms from time to time for such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service.

2. Access to the Service

As part of web3, your blockchain address functions as your identity on BUTCLICK. Accordingly, you will need a blockchain address and a third party wallet to access the Service. Your account on the Service ("Account") will be associated with your blockchain address; however, if you wish to add some flair to your BUTCLICK personality, you can add additional information, such as a profile picture, to your Account.

Your BUTCLICK account will be associated with your linked blockchain address and will display the NFTs for that blockchain address (and, if applicable, any content associated with those NFTs). By using your wallet in connection with the Service, you agree that you are using that wallet in accordance with the terms and conditions of your wallet provider applicable to your wallet. The wallets are not operated, maintained or affiliated with BUTCLICK, and BUTCLICK has no custody or control over the contents of your wallet and has no ability to retrieve and/or transfer its contents. BUTCLICK accepts no responsibility for you in connection with your use of your wallet and makes no representations or warranties as to how the Service will work with any specific wallet. You are solely responsible for keeping your wallet secure and should never share your wallet credentials or seed phrase with anyone. If you discover a problem with your wallet, please contact your wallet provider. Similarly, you are solely responsible for your Account and any associated wallet and BUTCLICK is not responsible for any act or omission on your part in connection with your Account or as a result of your Account or wallet being compromised. You agree to notify us immediately if you discover and/or suspect any security problem related to the Service and/or your Account, you may contact us, you are solely responsible for your Account and/or any associated wallet and we are not responsible for any act or omission on your part in connection with your Account or as a result of your Account or wallet being compromised.

You 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 persons. If you access or use the Service outside of 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 law.

BUTCLICK may request that you provide additional information and documents in certain circumstances, for example, at the request of any governmental authority, as dictated by any applicable law or regulation, or to investigate a possible violation of these Terms and Conditions of Use. In such cases, BUTCLICK, in its sole discretion, may deactivate your Account and/or block your ability to access the Service, pending BUTCLICK's processing of certain additional information and/or documents. If you do not provide complete and accurate information in response to such a request, BUTCLICK may refuse to restore your access to the Service.

Your access to and use of the Service may be interrupted from time to time for various reasons, including, but not limited to, the malfunction of some of our sites, periodic updating, maintenance or repair of the Service or other actions BUTCLICK, may elect in its sole unilateral discretion.

We require all users to be at least 18 years old. If you are at least 13 years old but under 18, you may only use BUTCLICK through the Account of a parent and/or guardian and with their approval and supervision. That account holder is responsible for your actions while using the Account. You are prohibited from using our Service if you are under the age of 13.

3. Property

The Service, including its "look and feel" (e.g., text, graphics, images, logos, page headers, button icons and/or scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the BUTCLICK logo and our Perception Face brand and product and service lines and all designs, text, graphics, images, data, software, sound files, other files and the selection and arrangement thereof are the exclusive property of BUTCLICK or our affiliates, licensors or users, as applicable and you agree not to take any action that is inconsistent with such proprietary 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.

The BUTCLICK name, logo, trademarks, and the names, designs, logos and slogans of any BUTCLICK products or services and our Perception Face brand and product lines and services are the intellectual property of BUTCLICK 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 case. You may not use any meta tags or other "hidden text" utilizing "BUTCLICK" and/or our Perception Face brand and product and service lines or any other name, trademark or product or service name of BUTCLICK or our affiliates or licensors without our prior written permission. In addition, the "look and feel" of the Service constitutes the service mark, trademark or trade dress of BUTCLICK and may not be copied, imitated or used, in whole or in part, without our prior written permission.

All other trademarks, registered trademarks and product names of third parties mentioned on the Service or included in content linked or associated with any NFT 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 product, service, process or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by BUTCLICK.

We welcome comments and/or suggestions for improving the Service ("Feedback"). You expressly acknowledge and agree that any contribution of Feedback does not and shall not grant you any right, title and/or interest in the Service or such Feedback. You agree that BUTCLICK may use and disclose Comments in any manner and for any purpose without notice or compensation to you and without retention by you of any proprietary and/or other rights and/or claims. By these Terms and Conditions of Use, you hereby assign to BUTCLICK any and all right, title and interest (including, without limitation, any patent, copyright, trade secret, trademark, trade dress, show-how, know-how, moral rights and any other intellectual property rights) that you may have in and to any and all Comments.

4. License to access and use our service and content

Through these Terms and Conditions of Use, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, personal license to access and/or use the Service provided, however, that such license is subject to your compliance with these Terms and Conditions of Use. If any software, content or other materials owned, controlled or licensed by 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-sublicensable, non-transferable, non-exclusive right and license to access and display such software, content and/or materials provided to you as part of the Service (and the right to download a single copy of the application on your applicable computer or device), in each case solely for the purpose of enabling you to use the Service as permitted by these Terms and Conditions of Use.

5. Third Party Content and Services

As a peer-to-peer web3 service, BUTCLICK helps you explore NFTs created by third parties and interact with different blockchains. BUTCLICK makes no representations or warranties about this third-party content visible through our Service, including any content associated with the NFTs displayed on the Service, and you are responsible for verifying the legitimacy, authenticity and legality of the NFTs you purchase from third parties. We also cannot guarantee that NFTs visible on BUTCLICK will always remain visible and/or available for purchase, sale or transfer.

NFTs may be subject to direct terms between buyers and sellers regarding the use of NFT content and the benefits associated with a particular NFT ("Terms of Purchase"). For example, when you click for more details about any of the NFTs visible on BUTCLICK, you may notice a third party link to the creator's website. That website may include Terms of Purchase governing your use of the NFT with which you must comply. BUTCLICK is not a party to such Terms of Purchase, which are applicable solely between the buyer and seller. Buyer and Seller are entirely responsible for communicating, promulgating, accepting and enforcing the Terms of Purchase. You are solely responsible for reviewing such Terms of Purchase.

The Service may also contain links or features to access or use third party websites ("Third Party Websites") and applications ("Third Party Applications"), or display, include or make available third party content, data, information, services, applications and/or materials ("Third Party Materials"). When you click on a link or access and use a third party website or third party application, although 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 BUTCLICK and may be "open" applications that cannot be controlled by us. BUTCLICK is not responsible for any Third Party Websites, Third Party Applications and/or Third Party Materials. BUTCLICK provides links to these third party websites and third party applications for your convenience only and does not review, approve, monitor, endorse, warrant, guarantee or make any representations regarding the third party websites and/or third party applications, or their associated products and/or services and/or Third Party Materials. Your use of all links on third party websites, third party applications and/or third party materials is at your own risk.

6. User Conduct

To protect our community and comply with our legal obligations, we reserve the right to take action, with or without notice, if we believe that you have violated these Terms and Conditions of Use. This may include: removing your ability to view certain NFTs on the Service or use our Service to interact with NFTs; disabling your ability to use the Service in conjunction with buying/selling/transferring NFTs available on blockchain; disabling your ability to access our Service; and/or other actions.

You agree that you will not violate any law, contract, intellectual property or other right of any third party, 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 and/or attempt to use another user's Account without that user's authorization;
Impersonating another person and/or entity;
Claiming a BUTCLICK username for the purpose of reselling it and/or engaging in name-stealing;
Access the Service from a different blockchain address if we have blocked access to the Service at any of your other blockchain addresses, unless you first have our written permission;
Distribute spam, including by sending unwanted NFTs to other users;
Use the Service, including by disseminating any software or interacting with any API, which could damage, disable, overburden, or impair the operation of the Service in any way;
Bypassing and/or ignoring instructions controlling access to the Service, including attempting to circumvent any rate limiting system by using multiple API keys, directing traffic through multiple IP addresses or otherwise obfuscating the source of traffic you send to BUTCLICK;
Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interfaces not authorized by us to access the Service, extract data or otherwise interfere with or modify the representation of the Service pages or functionality;
Reverse engineer, duplicate, decompile, disassemble and/or decode any aspect of the Service, or do anything that may uncover source code and/or circumvent measures employed to prevent and/or limit access to any service, area and/or code of the Service;
Sell and/or resell the Service and/or attempt to circumvent any BUTCLICK's tariff system;
Engage in behavior that has the intent or effect of causing an item or collection to artificially appear at the top of search results, or artificially increase the number of views, favorites and/or other metrics that BUTCLICK might use to rank search results;
Use the Service and/or data collected from our Service for any advertising and/or direct marketing activities (including, without limitation, email marketing, SMS marketing and/or telemarketing);
Using the Service for money laundering and/or terrorist financing and/or other illicit finances;
Use the Service from a U.S. government sanctioned country and/or to facilitate transactions involving persons sanctioned by the U.S. government and/or located in sanctioned countries;
Use the Service to conduct any financial activity subject to registration or licensing, including but not limited to the creation, sale or purchase of securities, commodities, options and/or debt instruments;
Use the Service to create, sell and/or purchase NFTs and/or other items that grant owners rights to participate in an ICO or any securities offering, or that are exchangeable for securities, commodities and/or other financial instruments;
Use the Service to engage in price manipulation, fraud and/or other deceptive and/or manipulative activity;
Use the Service to purchase, sell and/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 and/or any other rights of third parties;
Create and/or display illegal content, such as content that may involve child sexual exploitation;
Create and/or display NFTs or other items that promote suicide and/or self-harm, incite hatred and/or violence against others and/or harm another person;
Use the Service for any illegal and/or unauthorized purpose, including the creation and/or display of illegal content, such as content that may involve the sexual exploitation of children and/or encourage or promote any activity that violates these Terms and Conditions of Use;
Use the Service in any manner that may interfere with, disrupt, disrupt, adversely affect and/or prevent other users from fully enjoying the Service.

We allow users to post NSFW content, but that content and other associated material is subject to NSFW flagging and/or may be handled differently than non-NSFW content in navigation menus and/or search results.

Finally, by using the Service, you understand the importance of DYOR: do your own research. You have full responsibility for verifying the authenticity, legitimacy, identity and/or other details about any NFT, collection and/or account you view and/or interact with through and/or in conjunction with our Service. We do not guarantee or promise the identity, legitimacy and/or authenticity of any NFT, collection and/or account on the Service.

7. Intellectual Property Rights

You are solely responsible for how you use our Services and any information you provide, including your compliance with applicable laws, rules and/or regulations, as well as these Terms and Conditions of Use, including the user conduct requirements and parameters described above.

By using our Services in conjunction with the creation, submission, publication, promotion or display of content, or by complying with the metadata standards of BUTCLICK and/or Perception Face products and services 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 files, artwork and/or other material linked to and/or associated with any NFT displayed on our Services.

BUTCLICK does not claim that the submission, posting or display of this content on or through the Service grants or creates for BUTCLICK any ownership of the content (NFT). We are not saying that we own it. We are only saying that we may use it and/or show it off.

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, publish, promote and/or display on or through our Services. You represent and warrant that such content does not contain copyrighted material, trademark, rights of publicity and/or other intellectual property rights, unless you have the necessary permission and/or have the legal right to post the material and grant BUTCLICK the license described above, and that the content does not violate any law, agreement and/or contract.

BUTCLICK will remove works and digital assets as necessary in response to lawfully mandated takedown notices in regulatory cases and/or in cases of claims of intellectual property infringement and/or terminate a user's access to the Service if the user is determined to be an infringer who harms our rights and/or the rights of third parties. If you believe that your content has been copied in a way that constitutes copyright and/or trademark infringement, and/or violates your publicity and/or other intellectual property rights, please complete our form here in order to take appropriate action as determined by our legal department.

In order for us to process your claim of infringement with respect to content on the Service, you must be the rights holder and/or someone must have authorized you to act on the rights holder's behalf. We encourage you to follow our instructions to ensure that the required information is included in your notification. If you choose to write to us by email or physical mail, your notice must include:

Identification of the copyrighted work(s), trademark, right of publicity and/or other intellectual property rights that you claim are being infringed;
Identification of the allegedly infringing material whose removal is requested, including a description of the specific location (i.e., URLs) on the Service of the material that is claimed to be infringing, so that we may locate the material;
Your contact information: at a minimum, your full legal name (no pseudonym) and email address;
A statement containing 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 copyright owner, its agent, or the law;
A statement that the information in the notice is accurate; and
A statement under penalty of law, in which you represent and warrant that you are authorized to act on behalf of the owner of the intellectual property that is allegedly infringed.

Physical and/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 from whom the content will be removed so that they understand why it is no longer available on BUTCLICK and can also contact you to resolve any dispute.

8. Receipt of communications

By creating an Account, you agree to receive electronic communications from BUTCLICK (e.g., by email, push notifications, text messages and/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 email communications that we believe may 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 receiving these communications through the Service or through your mobile device operating system (with the possible exception of important service announcements and/or administrative messages) by following the unsubscribe instructions provided.

9. Application Terms

Users are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services needed to download, install and/or use the App. We do not guarantee that the Application can be accessed and used on any particular device or with any particular service plan. We do not warrant that the App or the Service will be available in any particular geographic location.

The following terms and conditions will apply to you when the Apple App Store App is available: To the extent that the other terms and conditions of these Terms and Conditions of Use are less restrictive than, or conflict with, the terms and conditions in this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but only with respect to your use of the Apple App Store App. You acknowledge and agree that these Terms are solely between you and BUTCLICK, not Apple, and that Apple has no responsibility or liability for the App or the content of the App. Your use of the App must comply with the applicable App Store terms of use. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the Application. In the event that the Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligations with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any breach of any warranty will be governed solely by these Terms. You acknowledge that Apple is not responsible for addressing any claim by you or any third party relating to the App or your possession and/or use of the App, including, without limitation: (a) product liability claims, (b) any indicative claim that the App does not comply with any applicable legal and/or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You acknowledge that, in the event that a third party claims that the App or your possession and use of that App infringes that third party's intellectual property rights, BUTCLICK, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with any applicable third party terms of agreement when using the App. You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use with respect to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

10. Indemnification

By agreeing to these Terms and Conditions of Use and by accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend and hold harmless BUTCLICK and our respective past, present and future employees, officers, directors, contractors and consultants, shareholders, suppliers, vendors, vendors, service providers, parents, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and/or collectively "BUTCLICK"), from and against all claims, actual or alleged damages, awards, judgments, losses, liabilities, obligations, obligations, fines, interest, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, settlement costs and costs of pursuing indemnification and insurance), of every kind and nature, whether known or unknown, foreseen or unforeseen, due or not due, suspected or unsuspected, in law or in equity, whether in tort, contract, or otherwise (collectively, "Claims"), including, without limitation, property damage and/or personal injury, that are caused by or arise out of or in connection with: (a) your use or misuse of the Service, the Content, NFT or content linked to or associated with any NFT (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 or obligations of a third party, including another user or a third party, and (e) your negligence or willful misconduct. In addition, you agree to promptly notify BUTCLICK of any Claims and to cooperate with BUTCLICK in the defense of any such Claims. You further agree that BUTCLICK shall have control of the defense or settlement of any Claim. You further agree to enforce any INDEMNIFICATION SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND BUTCLICK.

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 "as is" and "as available" basis and BUTCLICK expressly disclaims any warranties or conditions of any kind, either express or implied. BUTCLICK (AND ITS SUPPLIERS) MAKE NO WARRANTIES OR REPRESENTATIONS AND DISCLAIMS ANY 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 SECURE. BUTCLICK 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. BUTCLICK SHALL NOT BE LIABLE FOR ANY LOSS OF ANY KIND ARISING FROM ANY ACTION TAKEN OR TO BE TAKEN IN RELIANCE ON THE MATERIAL OR INFORMATION CONTAINED ON THE SERVICE. WHILE BUTCLICK ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SECURE, BUTCLICK CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OF THE CONTENT LINKED TO OR ASSOCIATED WITH ANY NFTS, OR ANY NFTS YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE ON THE PROVIDERS SERVERS, NOR DOES BUTCLICK WARRANT THAT SUCH SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM PARTIES FOR BUTCLICK OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY SET FORTH HEREIN.

WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS AND ASSUME NO RESPONSIBILITY FOR ANY USE OF NFTS, CONTENT AND/OR CONTENT LINKED OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSS, DAMAGE AND/OR CLAIM ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS OR MISSPELLED ADDRESSES; (B) SERVER FAILURE AND/OR LOSS OF DATA; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED ACTIVITY BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THE USE OF VIRUSES, PHISHING, BRUTE FORCE AND/OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS.

NFTS EXIST SOLELY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE ASSOCIATED BLOCKCHAIN. ALL TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN. BUTCLICK AND/OR ANY BUTCLICK PROVIDER CANNOT EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT TO ANY NFTS OR UNDERLYING AND/OR ASSOCIATED CONTENT OR ITEMS.

NEITHER BUTCLICK, NOR ANY BUTCLICK PROVIDER IS LIABLE FOR ANY LOSS OR INJURY SUSTAINED DUE TO VULNERABILITY OR ANY TYPE OF FAILURE, ANORMAL SOFTWARE BEHAVIOR (E.g., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURE OF THE NFTS. NO BUTCLICK PROVIDER IS LIABLE FOR LOSS AND/OR INJURY DUE TO LATE REPORTING BY DEVELOPERS AND/OR REPRESENTATIVES (OR ANY REPORTING) OF ANY BLOCKCHAIN ISSUES RELATED TO THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES AND/OR ANY OTHER ISSUES THAT RESULT IN LOSS AND/OR INJURY.

Some jurisdictions do not allow the exclusion of implied warranties in consumer contracts, so the above exclusion may not apply to you.

12. Assumption of Risk

Users agree and acknowledge that:

The value of an NFT is subjective. That the prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrencies can also materially and adversely affect the prices of NFTs. They acknowledge that they fully understand this subjectivity and volatility and that they may lose money;
Lack of public use or interest in the creation and development of distributed ecosystems could have a negative impact on the development of those ecosystems and related applications and, therefore, could also have a negative impact on the potential utility of NFTs;
The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrencies and other cryptocurrency-based items is uncertain, and new regulations or policies may adversely affect the development of the Service and the utility of NFTs;
You are solely responsible for determining what taxes, duties and/or levies, if any, apply to your transactions. BUTCLICK is not responsible for determining which (taxes, fees and/or levies) 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 degradation, items in smart contracts with errors, and items that may become untransferable. You represent and warrant that you have sufficiently investigated before making any decision to sell, obtain, transfer and/or otherwise interact with NFTs and/or accounts and/or collections;
We do not control the public blockchains with which you interact and do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. In addition, blockchain transactions are irreversible and BUTCLICK does not have the ability to reverse any transactions on the blockchain;
There are risks associated with the use of the Internet and blockchain-based products, including but not limited to the risk associated with hardware, software and Internet connections, the risk of introduction of malicious software, and the risk that third parties may gain unauthorized access to your wallet or third party account. You agree and acknowledge that BUTCLICK shall not be liable for any communication failures, interruptions, errors, distortions and/or delays you may experience while using the Service or any Blockchain network, regardless of the cause;
Part of the Service relies on third party platforms and/or vendors. That if we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or prices of such platform providers and/or vendors change; if we violate or are unable to comply with the terms and conditions of such platforms and/or vendors; or if any such platform and/or vendor loses market share or falls out of favor or is unavailable for an extended period of time, access to and use of the Service will be affected;
BUTCLICK reserves the right to withhold payments, contracts and/or items affected by any of the above or other problems. As a result, items you purchase may become inaccessible on BUTCLICK. Under no circumstances shall the inability to view items on BUTCLICK or the inability to use the Service in conjunction with the purchase, sale and/or transfer of items available on any blockchain serve as grounds for a claim against BUTCLICK;
If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, CLAIMS AND DAMAGES OF ALL KINDS AND NATURES, KNOWN AND UNKNOWN, ARISING OUT OF OR RELATED TO SUCH DISPUTES. BY AGREEING TO THESE TERMS AND CONDITIONS OF USE, YOU AGREE TO THIS EXPRESS WAIVER OF ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS WAIVER, TO INCLUDE THOSE CLAIMS THAT YOU MAY NOT KNOW, KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME YOU AGREE TO THIS WAIVER.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL BUTCLICK OR ITS SERVICE PROVIDERS BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL AND/OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS AND CONDITIONS OF USE AND/OR THE SERVICE, PRODUCTS AND/OR SITES AND/OR THIRD PARTY PRODUCTS, AND/OR FOR ANY DAMAGES RELATING TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS AND/OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL AND/OR LOSS OF DATA, AND THOSE CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT AND/OR OTHERWISE, EVEN IF BUTCLICK OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR FOR ANY OTHER CLAIMS, DEMANDS OR DAMAGES RESULTING OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF 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 SHALL 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 BUTCLICK'S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, ACCESS TO AND USE OF THE SERVICE, CONTENT, NFTS OR ANY BUTCLICK PRODUCT OR SERVICE EXCEED (A) $100 OR (B) THE AMOUNT RECEIVED BY BUTCLICK FOR ITS SERVICE DIRECTLY RELATED TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE REMEDY SET FORTH ABOVE FAILS 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 the disclaimers or limitations of personal injury liability for consumer products, so this limitation may not apply to personal injury claims.

14. Privacy Policy

Please see 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 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 and/or permanently, the Service (or any feature or part thereof) at any time and/or without liability.

16. Dispute Resolution (Arbitration)

Dispute Resolution. Please read carefully the following agreement to arbitrate in this Section containing the subsequent "Agreement to Arbitrate. It provides that you submit disputes with BUTCLICK to arbitration and limits the manner in which you may seek remedies from us. This section does not govern disputes between users or between users and third parties. BUTCLICK does not provide dispute resolution services for such disagreements, nor for the resolution of disputes between users who must resolve such disputes directly between themselves.

You agree that any dispute, controversy or claim relating in any way to your access and/or use of the Service, to any products sold and/or distributed through the Service, or to any aspect of your relationship with BUTCLICK, shall be resolved by binding arbitration, rather than in a court of law, as the option of litigation shall be secondary. Arbitration prior to any court dispute shall be governed by the applicable laws of the Republic of Estonia.

Dispute Resolution Process. Both you and BUTCLICK agree to engage in good faith efforts to resolve disputes before either party initiates arbitration, court proceedings and/or equitable relief for intellectual property infringement. Parties should initiate this dispute resolution process by sending a digital letter describing the nature of their claim and desired resolution to BUTCLICK via our official email addresses (noted on our sites or our branded Perception Face products and services) and/or by sending a physical letter to BUTCLICK at Harju maakond, Tallinn, Kesklinnalinnaosa, Tartu, mnt 53, 10115, Estonia. Both parties agree to meet and confer in person, by telephone or by videoconference ("Conference") to discuss the dispute and attempt in good faith to reach a mutually beneficial result that avoids the expense of arbitration or, if necessary, litigation. If you are represented by an attorney, your attorney may also participate in the Conference, but you agree to participate fully in the Conference. Likewise, if BUTCLICK is represented by an attorney, your attorney may also participate in the Conference, but BUTCLICK agrees to have a representative of the firm participate fully in the Conference.

Arbitrator's Authority. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including, without limitation, any claim of invalidity relating to this Arbitration Agreement, precisely as to its invalidity or voidability, in whole or in part. The arbitrator shall decide the rights and liabilities, if any, of you and/or BUTCLICK. The arbitration proceeding shall not be consolidated with any other matter or joined with any other case, or with any other party or users, as users waive active litisconsortium. 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 order any non-monetary remedy or relief available to an individual under applicable law, the rules of the arbitral forum, and these Terms and Conditions of Use. The arbitrator will issue a written award and a statement of decision describing the essential findings and conclusions upon which the award is based, including the calculation of the damages awarded. The arbitrator has the same authority to order relief on an individual basis that a judge would have in a court of law. The arbitrator's award will be final and binding on you and us.

Waiver of Jury Trial. YOU AND BUTCLICK GIVE UP ANY CONSTITUTIONAL AND STATUTORY RIGHT TO SUE IN COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY. Instead, you and BUTCLICK elect to have all claims and disputes resolved by arbitration under this Arbitration Agreement, except as determined by applicable law.

An arbitrator may individually order the same damages as a court and shall enforce these Terms and Conditions of Use, just as a court would. However, there will be no judge or jury in the arbitration, and judicial review of the arbitrator's award is subject to very limited and restrictive review.

Waiver of Class Claims and Class Arbitration. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE AND THE CLAIMS OF MORE THAN ONE USER, PERSON OR ENTITY MAY NOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON OR ENTITY. Accordingly, under the arbitration procedures described in this section, an arbitrator will not combine or consolidate the claims of more than one party (Users) without the written consent of all affected parties in an arbitration proceeding. Without limiting the generality of the foregoing, you and BUTCLICK agree that no dispute shall proceed in class arbitration without the written consent of all affected parties. If a court decision is rendered that applicable law precludes the application of the limitations of this subsection to any party as to claims for relief, incidental and/or joint and/or collective and/or related claims, then that claim must be severed from arbitration and brought in the appropriate court of competent jurisdiction. All other claims shall be arbitrated.

Severability. Except as provided in this Section, if any part or parts of this Arbitration Agreement are determined to be invalid or unenforceable as a matter of law, 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 shall survive the termination of your relationship with BUTCLICK.

Modification. Notwithstanding anything to the contrary in these Terms and Conditions of Use, we agree that if BUTCLICK makes any material change in the future to this Arbitration Agreement, you may reject that change within thirty (30) days after such change becomes effective, by writing through our official email addresses (noted on our sites or our branded products and services Perception Face) and/or by sending a physical letter to BUTCLICK at Harju maakond, Tallinn, Kesklinnalinnaosa, Tartu, mnt 53, 10115, Estonia .

17. Applicable Law and Jurisdiction

These Terms and Conditions of Use, access to and use of the Service shall be governed by, construed and enforced in accordance with the laws of Tallinn, Estonia (without regard to conflict of law rules or principles that would result in the application of the laws of any other jurisdiction). Any dispute between the parties that is not subject to arbitration as set forth in these Terms and Conditions of Use shall be heard by the courts referred to in these Terms and Conditions of Use, to whose jurisdiction and venue the parties agree to submit.

18. Termination

If you breach any of the provisions of these Terms and Conditions of Use, all licenses granted by BUTCLICK will automatically terminate. Further, notwithstanding anything contained in these Terms and Conditions of Use, we reserve the right, with or without notice and at our sole discretion, to suspend, disable, terminate and/or delete your Account and/or your ability to access and/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, you agree that you shall not be entitled to a refund of any amounts you have already paid to us, nor to assert any claim against BUTCLICK.

19. Divisibility

If any term, clause or provision of these Terms and Conditions of Use shall be deemed invalid and/or unenforceable, such term, clause and/or provision shall be severable from these Terms and Conditions of Use and shall not affect the validity or enforceability of any remaining portion of these Terms and Conditions of Use. Relative or absolute nullities do not affect other parts whose relative and/or absolute nullity has not been judicially declared, nor those that have not fallen into disuse according to new laws.

20. Interim measures

You agree that your breach of these Terms and Conditions of Use will cause irreparable harm to BUTCLICK, for which you will be monetarily liable. In addition to assuring BUTCLICK that you will have equitable relief, you agree that BUTCLICK is entitled to any remedy it may have under these Terms and Conditions of Use or by operation of law. In consideration thereof, BUTCLICK may seek any injunctive or protective relief in legal proceedings arising out of the acts or omissions of any user, such that the "Smell of Good Right" will be inferred upon verification of the flagrant and express breach of these Terms and Conditions of Use.

21. California Residents

If you are a resident of California, pursuant to Cal. civ. Code § 1789.3, you may file complaints with the Complaint Assistance Unit of the Consumer Services Division 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 BUTCLICK under these Terms and Conditions of Use, to any country for which the United States or any other relevant jurisdiction requires an 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) to any country under U.S. embargo or to any country that has been designated by the U.S. government as being on any U.S. government 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 by agreeing to these Terms and Conditions of Use agree to comply, at your sole expense, with all applicable United States export laws and regulations.

23. Regulatory survival

All sections which by their nature should survive termination of these Terms and Conditions of Use shall continue in full force and effect after and notwithstanding termination of these Terms and Conditions of Use by BUTCLICK or you. Termination shall not limit any of BUTCLICK's other rights or remedies under contract, law, statute, ordinance, regulation, binding case law and/or equity.

24. Miscellaneous Rules

These Terms and Conditions of Use constitute the entire agreement between you and BUTCLICK regarding your access to and use of the Service. These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred and/or assigned by you without BUTCLICK's prior written consent, and BUTCLICK's failure to assert any right or provision under these Terms and Conditions of Use shall not constitute a waiver of such rights and/or provisions. No waiver by the parties of all and/or any part of these Terms and Conditions of Use shall be valid. The section headings used herein are for reference only and shall not be construed as having any restrictive legal effect.

The Service is operated by us from Estonia. Those who choose to access the Service from locations outside of the country indicated do so on their own initiative and are responsible for compliance with applicable local laws. Due to the nature of our products and services, you and BUTCLICK agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply for the purposes of the interpretation and/or construction of these Terms and Conditions of Use.

Except as otherwise provided in these Terms and Conditions of Use, these Terms and Conditions of Use are intended solely for the benefit of the parties and are not intended to confer any rights on any third party beneficiary or any other person and/or entity.

THANK YOU for being part of the Perception Face community and for using our technology PERCEPTION TECH.