Liveminting Terms and Conditions of Use

1. Introduction

Welcome to the WBL Liveminting website, owned and operated by Wolfram Research, Inc. d/b/a Wolfram Blockchain Labs ("WBL," "we," "us" or "our"). These Terms of Use ("TOU") govern your access to and use of the WBL website, including without limitation the creation, purchase, sale, exchange or modification of certain digital assets; our online and/or mobile Platforms; and software provided on or in connection with those Platforms (collectively, the "Platform"). WBL reserves the right to change or modify these TOU at any time and in our sole discretion. If we make changes to these TOU, we will provide notice of such changes by providing notice through the Platform or updating the publication date at the beginning of these TOU. By continuing to access or use the Platform, you confirm your acceptance of the revised TOU and all of the TOU incorporated therein by reference.

2. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and share personal information about you.

3. Account Registration

1. If you wish to participate in the Platform, you will need to register for an account ("Account"). By creating an Account, you agree to (a) provide accurate, current and complete Account information about yourself; (b) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us; and (c) notify us promptly if you suspect any security breaches related to your Account.
2. By creating an Account, you consent to receive electronic communications from WBL (e.g., via email or by posting notices to the Platform). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
3. By submitting personal data through our Site or Platforms, you expressly consent to the collection, use and disclosure of your personal data in accordance with the Privacy Policy.
4. You must provide all equipment and software necessary to connect to the Platform and Platforms, including, but not limited to, a mobile device that is suitable to connect with and use Platform and Platforms, in cases where the Platform offers a mobile component. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Platform or Platforms.

4. Ownership

1. Unless otherwise indicated in writing by us, the Platform and all content and other materials contained therein, including, without limitation, the WBL logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of WBL or our affiliates, licensors or users, as applicable.
2. Notwithstanding anything to the contrary in these TOU, the Platform and Content may include software components provided by WBL or its affiliates or a third party that are subject to separate license agreements or terms, in which case those license agreements or TOU will govern such software components.

5. Auction Terms

Participating in WBL auctions on the Liveminting website is subject to the Liveminting NFT Auction Terms at https://web.wolframnftauctions.com/nft-auction-terms.

6. License to Access and Use Our Platform and Content

You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable and personal license to access and use the Platform and Content, provided, however, that such license is subject to these TOU and does not include any right to: (a) sell, resell or use commercially the Platform or Content; (b) distribute, publicly perform or publicly display any Content; (c) modify or otherwise make any derivative uses of the Platform 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 Platform or Content, except as expressly permitted by us; and (f) use the Platform or Content other than for their intended Third Party Platforms. Third-party websites and applications are not under the control of WBL. WBL may provide access to various 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 them. When you leave our Platform, you should review all applicable agreements and policies, including privacy and data gathering practices, of any third-party websites or third-party applications before proceeding with any transaction with any third party.

7. User Information and Copyright

You are solely responsible for your use of the Platform 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 Platform.

You retain your rights to any User Information you submit, post or display using the Platform.

By submitting, posting or displaying User Information on or through the Platforms, 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 Platforms 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 Platforms.

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 Platform. 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 WBL the license described above.

WBL reserves the right to remove content without prior notice. WBL will take down works in response to formal infringement claims and will terminate a user's access to the Platform if the user is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright infringement, please report this by contacting our designated copyright agent at:

Wolfram Research, Inc.
Attn: Legal Department
100 Trade Center Drive
Email: legal@wolfram.com

8. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless WBL, Wolfram Research, Inc., Wolfram Blockchain Labs and all Platform providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the "WBL 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 Platform; (b) any feedback you provide; (c) your violation of these TOU; and (d) your violation of the rights of a third party. You agree to promptly notify WBL of any third-party Claims and cooperate with the WBL Parties in defending such Claims. You further agree that the WBL 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 WBL.

9. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY WBL, THE PLATFORM AND CONTENT CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WBL MAKES NO WARRANTY THAT THE PLATFORM: (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. WBL 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 PLATFORM, CONTENT CONTAINED THEREIN. WBL DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE PLATFORM 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 PLATFORM. WHILE WBL ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE PLATFORM AND CONTENT SAFE, WBL CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR CONTENT 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 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 PLATFORM OR CRYPTO ASSETS.

10. Assumption of Risk

You accept and acknowledge:

1. You are solely responsible for determining what, if any, taxes apply to your transactions. Neither WBL nor any other WBL Party is responsible for determining the taxes that apply to your transactions.
2. There are risks associated with using an internet-based currency, including, but not limited to, the risk of hardware, software and internet connections; the risk of malicious software introduction; and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that WBL will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Platform, however caused.
3. The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Platform.
4. There are risks associated with purchasing user-generated content, including, but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs and assets that may become untransferable. WBL reserves the right to hide collections, contracts and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on WBL. Under no circumstances shall the inability to view your assets on WBL serve as grounds for a claim against WBL.
5. WBL IS A PLATFORM. WE ARE NOT A BROKER, FINANCIAL INSTITUTION OR CREDITOR. THE PLATFORMS ARE AN ADMINISTRATIVE PLATFORM ONLY. WBL FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER IN THE AUCTION, BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF CRYPTO ASSETS OR BETWEEN ANY USERS.
6. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY AND AUTHENTICITY OF ASSETS YOU PURCHASE ON WBL. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, WBL MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY OR AUTHENTICITY OF ASSETS ON THE PLATFORM.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WBL 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 TOU, THE PLATFORM, 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 WBL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PLATFORMS, 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 WBL ARISING OUT OF OR IN ANY WAY RELATED TO THESE TOU, THE ACCESS TO AND USE OF THE PLATFORM, CONTENT OR ANY PRODUCTS OR PLATFORMS PURCHASED ON THE PLATFORM EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY WBL FROM THE SALE OF CRYPTO ASSETS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF WBL FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF WBL'S NEGLIGENCE OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF WBL'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.

12. Modifications to the Platform

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Platforms (or any features or parts thereof) or suspend or discontinue the Platform at any time and without liability therefore.

13. Governing Law and Venue

These TOU and your access to and use of the Platform and Content shall be governed by and construed and enforced in accordance with the laws of the State of Illinois. Any dispute between the parties shall be resolved in the state or federal courts of Champaign County in the State of Illinois.

14. Termination

Notwithstanding anything contained in these TOU, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Platform 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.

15. Severability

If any term, clause or provision of these TOU is held invalid or unenforceable, then that term, clause or provision will be severable from these TOU 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 TOU.

16. Miscellaneous

These TOU constitute the entire agreement between you and WBL relating to your access to and use of the Platforms and Content, and your participation in the Auction. These TOU, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of WBL prior, concurrent or subsequent circumstance, and WBL's failure to assert any right or provision under these TOU shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these TOU 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.