Paima Studios Terms Of Service

1. Introduction

2. Accessing the Service

3. Ownership

4. License to Access and Use Our Service and Content

5. Third-Party Content and Services

6. User Conduct

• Use or attempt to use another user’s Account without authorization from such user;
• Pose as another person or entity, or use a wallet to engage in a transaction on Paima that is owned or controlled, in whole or in part, by any other person;
• Claim a Paima username for the purpose of reselling it, confusing others, deriving others’ goodwill, or otherwise engage in name squatting;
• Access the Service from a different blockchain address if we’ve 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 – including through disseminating any software or interacting with any API – 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 Paima;
• Use our Service for commercial purposes inconsistent with these Terms or any other instructions;
• 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 Paima 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 Paima 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 or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to Paima;
• Use the Service, directly or indirectly, for, on behalf of, or for the benefit of, (a) any natural or legal person that is the subject of Sanctions; (b) any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; or (c) any legal person owned or controlled, directly or indirectly, by any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction.
• Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, offering, 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, 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 content 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.

7. Intellectual Property Rights

• 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 – 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).

8. Communication Preferences

9. App Terms

10. Indemnification

11. Disclaimers

12. Assumption of Risk

• 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 and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. Paima is not responsible for determining, withholding, collecting, reporting, or remitting 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 Paima 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 Paima 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 or vendors. If we are unable to maintain a good relationship with such platform providers or vendors; if the terms and conditions or pricing of such platform providers or vendors change; if we violate or cannot comply with the terms and conditions of such platforms or vendors; or if any of such platforms 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.
• Paima 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 Paima. Under no circumstances shall the inability to view items on Paima 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 Paima.
• 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 (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

13. Limitation of Liability

14. Privacy Policy

15. Modifications to the Service

16. Dispute Resolution; Arbitration

• Dispute Resolution. Please read the following arbitration agreement in this Section 16 (”Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Paima and limits the manner in which you can seek relief from us.
• Applicability of Arbitration Agreement. You agree that any dispute, controversy, or claim arising in any way from your access or use of the Service, any products sold or distributed through the Service, or these Terms (“Dispute”), will be resolved by binding arbitration, rather than in court, including threshold questions of the arbitrability of such dispute, controversy, or claim except that you or Paima 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 Paima both agree to engage in good-faith efforts to resolve Disputes prior to either party initiating an arbitration. You must initiate this dispute resolution process by sending a letter describing the nature of your claim and desired resolution (“Dispute Notice”) (when sent to Paima, you must send the Dispute Notice to: Paima Studios Ltd., Attn: Legal Department, Paima Studios, Floor 4, Banco Popular Building, Road Town, Tortola VG1110, British Virgin Islands). No later than 15 days after the receiving party receives the Dispute Notice, both parties must meet and confer personally, by telephone, or by videoconference (hereinafter “Conference”) to discuss the Dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of further proceedings. 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 Paima is represented by counsel, its counsel may participate in the Conference as well, but Paima 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 the receiving party receives the Dispute Notice, 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 if you are located in any jurisdiction other than the U.S.A.: The arbitration will be administered by the International Chamber of Commerce (ICC). The location of the arbitration will be in the British Virgin Islands (“BVI”), unless you choose to have the arbitration conducted by telephone or videoconference so that the arbitration is reasonably convenient to you. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Arbitration rules and forum if you are located in the United States: the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be administered by JAMS. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and the JAMS Consumer Minimum Standards then in effect; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards then in effect. 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, or other fees and cannot obtain a waiver from JAMS, Paima will pay them for you if you complied with the dispute resolution process set forth above. In addition, Paima will reimburse all such JAMS filing, administrative, hearing, or other fees for claims totaling less than $10,000 unless (a) you have initiated the arbitration claim, in which case 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, (b) the arbitrator determines the claims are frivolous, (c) you did not comply with the dispute resolution process set forth above, or (d) your use of the Services were for commercial or business purposes rather than as a consumer. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses. The location of the arbitration will be in Miami, Florida, U.S.A., unless you choose to have the arbitration conducted by telephone or video conference so that the arbitration 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. 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 can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would; provided, however, the arbitrator will not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under any applicable law.
• Waiver of Jury Trial. YOU AND PAIMA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A JURY TRIAL.
• 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. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Paima agree that no Dispute shall proceed by way of class arbitration without the written consent of all affected parties. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court as provided in Section 17. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then this entire Arbitration Agreement shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes.
• Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the administrator of the arbitration, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings.
• Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Paima, and any termination or expiration of this Agreement.
• Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Paima makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to Paima at the following address: Paima Studios Ltd., Attn: Legal, Floor 4, Banco Popular Building, Road Town, Tortola VG1110, British Virgin Islands, in which case only the unchanged provisions of this Arbitration will govern with respect to you.

17. Governing Law and Alternate Venue

18. Termination

19. Severability

20. Injunctive Relief

21. California Residents

22. Export Laws

23. Survival

24. Miscellaneous