Terms & Conditions of Service
MedCareCoin NFT Buyer User Terms Of Service
MedCareCoin NFT User Terms of Service (these “Terms”) govern your access to and use of certain products, services and properties made available by MedCareCoin ( “we,” “us” or “our”). (As used herein, the term “you” (including any variant) refers to each individual who enters into these Terms on such individual’s own behalf or any entity on behalf of which an individual enters into these Terms.) Our products, services and properties include, 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”). Certain features of the Service may be subject to additional guidelines, terms, or rules (“Supplemental Terms”), which will be displayed in connection with such features. All such Supplemental Terms are incorporated by reference into these Terms. If these Terms are inconsistent with any Supplemental Terms, the Supplemental Terms shall control solely with respect to such services.
BUYERS, AND SELLERS OF DIGITAL ASSETS AND ANY PRODUCTS, SERVICES AND/OR BENEFITS, WHETHER DIGITAL OR OTHERWISE, TO BE FURNISHED BY OR ON BEHALF OF SELLERS IN CONNECTION WITH SUCH SALES. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICE IS AN ADMINISTRATIVE PLATFORM ONLY. ORIGIN FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OR OTHERWISE BETWEEN ANY USERS OF THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, IF YOU USE THE SERVICE TO MAKE A PURCHASE, THE SELLER SHALL BE AN INTENDED THIRD-PARTY BENEFICIARY OF THESE TERMS WITH RESPECT TO THE ITEM(S) SOLD AND SELLER’S RIGHTS WITH RESPECT THERETO. MEDCARECOIN SHALL USE COMMERCIALLY REASONABLE EFFORTS TO PROCURE THAT BUYERS SHALL BE AN INTENDED THIRD-PARTY BENEFICIARY OF MEDCARECOIN AGREEMENT(S) WITH SELLERS OF ITEMS FOR THE PURPOSE OF ENFORCING BUYERS’ RIGHTS WITH RESPECT THERETO. YOU AGREE THAT MEDCARECOIN SHALL NOT BE A PARTY TO OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR, ARISING OUT OF, RELATING TO, ASSOCIATED WITH OR RESULTING FROM ANY DISPUTES BETWEEN YOU AND ANY SELLER OF AN ITEM IN RESPECT OF THE USE, MISUSE, PROVISION OR FAILURE TO PROVIDE ANY ITEM.
PLEASE BE AWARE OF THESE TERMS, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING EMAIL COMMUNICATION.
MedCareCoin 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 at any point after such update, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review these 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.
The Service is an online platform on which an individual can purchase or offer to purchase, MedCareCoin unique non-fungible tokens (“NFTs”) and any non-digital products, services and/or benefits to be furnished by or on behalf of sellers in connection with the sale of such NFTs (“Off-Chain Benefits,” collectively with the NFTs, “Items”), implemented on the one or more blockchain platform networks then-utilized by MedCareCoin (the each, a “Blockchain Platform”) using smart contracts. You may only participate in the purchase or sale of any Item by registering for an Account, as described below.
Account Registration; Consent to Electronic Communication
- In order to use certain features of the Service you will need to register for an account on the Service (“Account”). You must be eighteen (18) years old to register for an Account. By creating an Account, you agree to (i) provide accurate, current, and complete Account information about yourself, (ii) maintain and promptly update from time to time as necessary your Account information, (iii) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (iv) immediately notify us if you discover or otherwise suspect any security breaches related to the Service or your Account. You may not have more than one Account, and Origin reserves the right to block multiple accounts of the same user.
- You agree that you will not:
- Buy, sell, rent, or lease access to your Account or username without our written permission.
- Register or attempt to register for a new Account without our written permission after your Account has been disabled or deleted by us.
- Share your Account password with anyone.
- Log in or try to log in to access the Service through unauthorized third party applications or clients.
- MedCareCoin may require you to provide additional information and documents at the request of any competent authority or in order to hel MedCareCoin comply with applicable law, regulation, or policy, including laws related to anti-money laundering of incomes obtained by criminal means, or for counteracting financing of terrorism. MedCareCoin may also require you to provide additional information and documents in cases where it has reasons to believe that:
In such cases, MedCareCoin, in its sole discretion, may pause or cancel your transactions until such requested additional information and documents have been reviewed by MedCareCoin and accepted as satisfying the requirements of applicable law, regulation, or policy. If you do not provide complete and accurate information and documents in response to such a request, MedCareCoin may refuse to provide any Item, Content, product, service, and/or further access to the Service to you.
- Your Account is being used for money laundering or for any other illegal activity.
- You have concealed or reported false identification information and other details.
- Transactions effected via your Account were effected in breach of these Terms.
- By creating an Account, you consent to receive electronic communications from MedCareCoin (e.g., via email or by posting notices to the Service). 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, any requirements 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 have no obligation to store for your later use or access any such electronic communications that we make to you. 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.
- When you register for an Account, you hereby represent and warrant, to and for the benefit of MedCareCoin and its affiliates, as follows:
- Authority. You have all requisite capacity, power and authority to enter into and perform your obligations under these Terms, including to Mint, list, buy, sell or trade any Items. The execution, delivery and performance of, and the performance of your obligations under, these Terms have been duly authorized by all necessary action on your part and on the part of any entity on behalf of which you are entering into these Terms, and no other proceedings are necessary to authorize the execution, delivery or performance of your obligations under these Terms.
- Due Execution. These Terms constitute your legal, valid and binding obligation, enforceable against you in accordance with these Terms.
- Accuracy of Information. All information provided to MedCareCoin, including any address and social security number or tax ID number, is accurate and complete. None of: (i) you; (ii) any affiliate of any entity on behalf of which you are entering into these Terms; (iii) any other person having a beneficial interest in any entity on behalf of which you are entering into these Terms (or in any affiliate thereof); or (iv) any person for whom you are acting as agent or nominee in connection with these Terms is: (A) a country, territory, entity or individual named on an OFAC list as provided at http://www.treas.gov/ofac, or any person or entity prohibited under the OFAC programs, regardless of whether or not they appear on the OFAC list; or (B) a senior foreign political figure, or any immediate family member or close associate of a senior foreign political figure.
- Non-Contravention. These Terms do not, and the performance of your obligations under these Terms and your Minting, listing, buying, selling or trading of any Items will not: (i) if you are entering into these terms on behalf of an entity, conflict with or violate any of the charter documents of such entity or any resolution adopted by its equity holders or other persons having governance authority over the entity; (ii) contravene, conflict with or violate any right of any third party or any legal requirement applicable to you or to any of the assets owned or used by you; or (iii) result in any breach of or constitute a default (or an event that with notice or lapse of time or both would become a default) under any material contract or agreement to which you are a party, permit held by you or legal requirement applicable to you.
- Independent Investigation and Non-Reliance. You are sophisticated, experienced and knowledgeable in the Minting, listing, buying, selling or trading of any Items. Additionally, you have conducted an independent investigation of the Service and the matters contemplated by these Terms, have formed your own independent judgment regarding the benefits and risks of and necessary and desirable practices regarding the foregoing and, in making the determination to Mint, list, buy, sell or trade any Items using the Service, you have relied solely on the results of such investigation and such independent judgment. Without limiting the generality of the foregoing, you understand, acknowledge and agree that the legal requirements pertaining to blockchain technologies and digital assets generally, including the Items, are evolving, and you have conducted an independent investigation of such potentially applicable legal requirements and the resulting risks and uncertainties, including the risk that one or more governmental entities or other persons may assert that any digital assets or cryptographic tokens (including the Items) may constitute securities under applicable legal requirements. You hereby irrevocably disclaim and disavow reliance upon any statements or representations made by or on behalf of, or information made available by, Origin, in determining to enter into these Terms, Mint, list, buy, sell or trade any Items or use the Service.
- Litigation. There is no legal proceeding pending that relates to your activities relating to the Minting of Items or other token- or digital asset- trading or blockchain technology related activities.
- Intellectual Property and Related Matters. You are the sole and exclusive owner of all right, title and interest in and to all rights, including intellectual property rights, incorporated into or otherwise used, held for use or practiced in connection with (or planned by you to be incorporated into or otherwise used, held for use or practiced in connection with) the Item, any Off-Chain Benefits and the Minting of the Item, other than any intellectual property rights that are validly licensed (or provided on a hosted basis) to you pursuant to valid and binding licenses granted to you.
- Compliance. You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies, token trading activities or Minting Items. No investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice relating to Minting Items.
- You must provide all equipment and software necessary to connect to the Service. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service.
- All pricing and payment terms are as indicated at point of sale or otherwise on the Service, and any payment obligations you incur are binding at the time of purchase. Please review carefully the terms of purchase of any Item before purchasing, including the terms of any licenses, payment rights, or Off-Chain Benefits relating to or incorporated into the Items. MedCareCoin is not a party to any transaction on the Service between sellers and actual or prospective purchasers, and any dispute related to a purchase of an Item on the Service shall be between the seller and actual or prospective purchasers of such Item.
- You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay at the time of purchase. For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, shall impact or excuse your obligations with respect to any purchase MedCareCoin may charge a fee to the seller of any Item listed for sale on the Service (“Listing Fee”). The amount of such Listing Fee may be expressed as an absolute value or as a percentage of the amount received by the seller for such Item, in each case as indicated at the point of listing for such Item for sale on the Service.
- In connection with any subsequent sale of an Item after its initial sale on the Service (each such sale, a “Secondary Sale”), fees may be due to MedCareCoin from the seller of such Item (“Secondary Sale Fee”). Such Secondary Sale Fee may be coded into the Item and may apply to all Secondary Sales of the Item, whether or not such Secondary Sale takes place on the Service.
- In certain instances MedCareCoin may accept, , process, and settle payments ofmade in cryptocurrency. In order to make a purchase of an Item using cryptocurrency, you must either (i) deposit such cryptocurrency into your Account, or (ii) connect a digital wallet to the Service, in each case in accordance with the functionality of the Service. If the balance of such cryptocurrency in your Account is less than insufficient to cover the price of an Item at the time of purchase, you may not be able to purchase that Item using this such payment method of payment. In order to purchase an Item using a digital wallet, you may be required to must first download a supported bridge extension in order and use such extension to connect and unlock your digital wallet through the Service. Once you submit an order to Mint or purchase an Item, your order is passed on to the applicable extension, which completes the transaction on your behalf. If the balance of such cryptocurrency in your Account is insufficient to cover the price of an Item at the time of purchase you may not be able to purchase that Item. Whether a particular cryptocurrency is accepted as a payment method by Origin is subject to change at any time in Origin’s sole discretion.
- In certain instances MedCareCoin may accept, process, and settle payments of fiat currency via credit card or other means. Payment processing for the Service in such instances will be performed by Origin’s third-party payment processor. MedCareCoin currently uses PAYPAL. (“Payment Processor”) as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). Your use of the Service and the payment processing provided by the Payment Processor is subject to the PayPal Connected Account Agreement that includes the PayPal Services Agreement, as may be modified by the Payment Processor from time to time (collectively, the “Payment Processor Agreement”). As a condition of using the Payment Processor’s payment processing, you must provide accurate and complete information, and you authorize us to share this information with the Payment Processor and to charge your payment method for all amounts that may become due under this Agreement. All bank, credit card, or other payment information is sent directly to and stored with the Payment Processor using its security protocols. Origin does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of the Payment Processor’s payment processing is conditioned upon your compliance with the Payment Processor Agreement, and if the Payment Processor Agreement is terminated by the Payment Processor, you may not be able to use the Services, or you may have your use of the Services suspended or terminated.
- MedCareCoin may add or change any payment processing services at any time. Such services may be subject to additional terms or conditions. Whether a particular cryptocurrency is accepted as a payment method by MedCareCoin is subject to change at any time in MedCareCoin sole discretion.
Appointment of MedCareCoin Limited Payments Agent
By using the Service to buy an Item, you hereby appoint MedCareCoin as your limited payments agent for the sole purpose of receiving, holding and settling payments due and owed to you arising out of (i) the purchase of Items through the Service; and (ii) any Secondary Sale of Items. Subject to the terms of this Agreement, MedCareCoin will process such payments and settle payments that are actually received by MedCareCoin, less any amounts owed to MedCareCoin, including taxes, fees and other obligations. You agree that a payment received by MedCareCoin on your behalf satisfies the payor’s obligation to make payment to you, regardless of whether MedCareCoin actually settles such payment to you. If MedCareCoin does not settle any such payments to you as described in these Terms, you will have recourse only against MedCareCoin and not the payor, as payment is deemed made by the payor to you upon constructive or actual receipt by MedCareCoin.
- Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation, the MedCareCoin 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 MedCareCoin or our affiliates, licensors or users, as applicable.
- Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by MedCareCoin or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
- The MedCareCoin logo and any MedCareCoin product or service names, logos or slogans that may appear on the Service are trademarks of MedCareCoin or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “MedCareCoin,” or any other name, trademark or product or service name of MedCareCoin or our affiliates without our prior written permission. In addition, the look and feel of the Service and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of MedCareCoin and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and MedCareCoin names or logos mentioned 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 trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by MedCareCoin.
Licenses Granted to You
- You are hereby granted a limited, revocable, nonexclusive, nontransferable, non-assignable, non-sublicensable, “as-is” license to access and use the Service and Content for your own personal, non-commercial use; provided, however, that such license is subject to these Terms and does not include any right to (i) sell, resell, or use commercially the Service or Content, (ii) distribute, publicly perform, or publicly display any Content, (iii) modify or otherwise make any derivative uses of the Service or Content, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Service or Content, except as expressly permitted by us, and (vi) use the Service or Content other than for their intended purposes. This license is subject to your compliance with the Acceptable Use Policy set forth in Section 11 below.
- 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 MedCareCoin or our affiliates or any of our Services, Content, 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 in MedCareCoin sole discretion. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of MedCareCoin 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 MedCareCoin 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.
- Your rights in Items sold or offered for sale on or through the Service may be subject to certain restrictions or limitations, as determined by the Minter or by us and as stated on the Service. Your rights in any Item that you purchase through the Service are limited to those rights expressly granted in the license as listed at point of sale or otherwise through the Service. MedCareCoin does not guarantee that any Items Minted on the Service will be transferable to or accessible through any other platform or service.
The Service may include the ability for you to make certain content available on or through the Service (“User Content”). If you choose to make User Content available on or through the Service, you hereby grant MedCareCoin a fully paid, royalty-free, worldwide, non-exclusive right (including any moral rights) and license to use, sublicense, distribute, reproduce, modify, adapt, and display, such User Content (in whole or in part) for the purposes of (i) providing the Service, including making User Content available to other Users in accordance with your elections on the Service; and (ii) improving the Service. You also hereby grant each other User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content solely as permitted through the functionality of the Service and under these Terms. You are solely responsible for any User Content you provide. You represent and warrant that such Content will not be libelous or defamatory and 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 Content that you submit, post or display on or through the Service. You agree that such User Content will not contain material the use of which as permitted herein is violative of copyright or other proprietary rights. MedCareCoin has no responsibility for the User Content posted or listed via the Service, although MedCareCoin reserves the right to remove any User Content for any reason or for no reason, including in the event that MedCareCoin determines Content to be in violation of these Terms.
Acceptable Use Policy
You agree that you are solely responsible for your conduct while participating in the purchase or sale of Items or otherwise accessing or using the Service. You agree that you will abide by these Terms and will not:
- Provide false or misleading information to MedCareCoin.
- Use or attempt to use another user’s Account without authorization from such user and MedCareCoin.
- Create or list counterfeit Items.
- Pose as another person or create a misleading username.
- Circumvent or attempt to circumvent any limitations or restrictions placed on promotions offered by MedCareCoin.
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner.
- Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service.
- Reverse engineer 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.
- Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access.
- Use any 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
- Collect or harvest data from our Service that would allow you to contact individuals, companies, or other persons or entities, or use any such data to contact such entities
- Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing)
- Bypass or ignore instructions that control all automated access to the Service;
- Use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or these Terms
- Use the a Blockchain Platform to carry out any illegal activities in connection with or in any way related to your access to and use of the Service, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the a Blockchain Platform used by the Service, or the Service itself
- Engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities, including:
- trading an Item at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity in such Item, unduly or improperly influencing the market price for such Item trading on the Service or establishing a price which does not reflect the true state of the market in such Item
- executing or causing the execution of any transaction in an Item which involves no material change in the beneficial ownership thereof
- entering any order for the purchase or sale of an Item with the knowledge that an order of substantially the same size, and at substantially the same price, for the sale of such Item, has been or will be entered by or for the same or different parties
- participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing the market price of an Item
- Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to using the Service to transact in securities, commodities futures, trading of commodities on a leveraged, margined or financed basis, binary options (including prediction-market transactions), real estate or real estate leases, equipment leases, debt financings, equity financings or other similar transactions
- Use the Service to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that (i) are redeemable for financial instruments, (ii) give owners any rights to participate in an ICO or any securities offering, or (iii) entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts
- content that violates international or United States intellectual property laws
- content that promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in the United States
- content with a primary or substantial purpose in a game or application that violates international or United States intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in the United States
- content created or used primarily or substantially for the purpose of raising funds for known terrorist organizations (as listed on https://www.state.gov/foreign-
terrorist-organizations/ or as may be determined by Origin from time to time in its sole discretion)
- as determined in our sole and absolute discretion, NSFW content and other content that is intended to be age-restricted. Item names, listings and their descriptions, smart contract names, and collections including profanity or overtly sexual content are prohibited. 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
- content that includes stolen assets, assets taken without authorization, and otherwise illegally obtained assets, all including but not limited to Items. Listing illegally obtained Items may result in your listings being cancelled, your Items being hidden, or your Account being suspended If you have reason to believe that an asset listed on the Service was illegally obtained, please contact us immediately
- content that is illegal or offensive, or content that includes or uses profanity or graphic language
If you become aware of the creation, listing, or buying of assets in violation of any of the terms specified in this section, please contact us at [email protected] to report it.
MedCareCoin retains the absolute right, but MedCareCoin has not the obligation, to terminate the Account and remove the User Content of any user of the Service who violates or infringes our rights or those of any third party. Without limiting the foregoing, if you believe that your intellectual property has been used on the Service in a way that constitutes infringement, please provide us with the following information: (1a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2b) a description of the copyrighted work that you claim has been infringed; (3c) a description of the location on our Service of the material that you claim is infringing; (4d) your address, telephone number and e-mail address; (5e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.contact us at Such information may be sent to [email protected]
If MedCareCoin becomes aware of any possible violations by you of these Terms, Origin reserves the right to investigate such violations. If, as a result of the investigation, MedCareCoin believes that criminal activity may have occurred, MedCareCoin reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. MedCareCoin is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Service, including User Content, in Origin’s possession in connection with your use of the Service, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce these Terms, (iii) respond to any claims that User Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of MedCareCoin, its users, or the public, and all law enforcement or other government officials, as MedCareCoin in its sole discretion believes to be necessary or appropriate. By agreeing to these Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your use of the Service, including without limitation text, voice, or video communications.
You hereby release and forever discharge MedCareCoin and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Users or any Third-Party Properties or Third-Party Applications). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Assumption of Risk Related To Items
You acknowledge and agree that:
- The prices of digital assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the Items, which may also be subject to significant price volatility. We cannot and do not guarantee that any purchasers of Items will not lose money.
- You are solely responsible for determining what, if any, taxes apply to transactions involving your Items. Neither MedCareCoin nor any other MedCareCoin Entity is responsible for determining the taxes that may apply to transactions involving Items.
- Items exist and can be transferred only by virtue of the ownership record maintained on the blockchain supporting such Items. Our Service does not store, send, or receive Items. Any transfer of Items occurs within the supporting blockchain and not on the Service.
- There are risks associated with using digital 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 digital wallet.
- The legal and regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of Items.
- There are risks associated with purchasing user-generated User 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.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless MedCareCoin 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 or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to these Terms or your use of the Service, 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 Content or Items, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of any third party, including another user. You agree to promptly notify MedCareCoin of any third-party Claims and cooperate in defending such Claims. You further agree that the MedCareCoin 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 SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND MEDCARECOIN.
THE SERVICE, CONTENT CONTAINED THEREIN, AND ITEMS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. MEDCARECOIN (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. ORIGIN 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 OR ANY CONTENT CONTAINED THEREIN. ORIGIN 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 ORIGIN ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, ORIGIN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, OR ANY ITEMS 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 LOSSES YOU SUSTAIN AS A RESULT OF YOUR USE OF THE SERVICE. WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF ITEMS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED DIGITAL WALLET FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR ITEMS.
FROM TIME TO TIME, MEDCARECOIN MAY OFFER NEW “BETA” FEATURES OR TOOLS. SUCH FEATURES OR TOOLS ARE OFFERED “AS IS” AND WITH ALL FAULTS, SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT MEDCARECOIN DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
ITEMS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE APPLICABLE BLOCKCHAIN PLATFORM. WE DO NOT GUARANTEE THAT MEDCARECOIN OR ANY ORIGIN ENTITY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY ITEMS. WE CANNOT AND DO NOT GUARANTEE THAT ANY ITEM WILL HAVE OR RETAIN ANY INHERENT VALUE, OR THAT YOU WILL BE ABLE TO SELL OR RESELL ANY ITEM PURCHASED THROUGH THE SERVICE.
MedCareCoin is not responsible for any losses or harms sustained by you due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of or inherent to the Items. MedCareCoin is not responsible for casualties due to developers or representatives delay or failure to report any issues with any blockchain supporting Items, including without limitation forks, technical node issues, or any other issues that result in losses of any sort.
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 under the laws applicable to your jurisdiction. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Warning : NFTs are a highly volatile asset, the value of MedCareCoin may decrease and you might lose all of your initial investment.