Terms of Service

Last updated: 07/12/24

WATCHES.IO IS THE DEVELOPER OF A NEW WEB3 FINANCIALIZATION PLATFORM FOR LUXURY WATCHES, SHOWCASING A COMPREHENSIVE SUITE OF EXPERIMENTAL BLOCKCHAIN-ORIENTED FUNCTIONALITIES. USING THESE FUNCTIONALITIES MAY POSE SIGNIFICANT RISKS TO YOU AND YOUR ONLINE ASSETS. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING THESE RISKS AND YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU AND YOUR RIGHTS. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY USING THE WEBSITE OR OUR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT USE OUR WEBSITE OR SERVICES IF YOU: (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT THE OLDER OF (i) AT LEAST EIGHTEEN (18) YEARS OF AGE; OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S FUNCTIONALITIES BY THESE TERMS OR BY APPLICABLE LAW.

NONE OF OUR OTHER SERVICES ARE OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY PROHIBITED JURISDICTION, AS DEFINED BELOW (ANY SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A “RESTRICTED PERSON”). WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A RESTRICTED PERSON, DO NOT ATTEMPT TO USE THE PLATFORM OR ANY OF THE SERVICES (AS DEFINED BELOW). USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS STRICTLY PROHIBITED.

Introduction

Welcome to Watches.io, owned and operated by Horodex Inc. d/b/a Watches.io (“Watches.io,” “we,” “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of the Watches.io website(s), our APIs, mobile applications (“App”), if applicable in the future, and any live support, software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to view, explore, help display and create NFTs, and using our tools, at your own discretion, to connect directly with others to mint, purchase, sell, or transfer NFTs representing physical watches on public or private blockchains (collectively, the “Service”). “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.

For purposes of these Terms, “user”, “you”, and “your” mean you as the user of the Service. If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

BY CLICKING TO ACCEPT, SIGN, AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE INCLUDING THE WATCHES.IO PRIVACY POLICY, BUYER POLICY, SELLER POLICY, VAULTED WATCH POLICY, AND ANY OTHER POLICY THAT THE COMPANY MAY IMPLEMENT FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Watches.io offers a peer-to-peer web3 service that enables users to discover and interact directly with each other and NFTs on public blockchains. We do not hold custody or control over the NFTs, digital assets, or blockchains with which you interact, nor do we facilitate purchases, transfers, or sales of NFTs. To utilize our Service, an external third-party wallet provider is required. Upon creating an account on Watches.io using a phone number or email, a wallet is automatically created for you. By using our service, you acknowledge and agree to comply with the terms and conditions set by your third-party wallet provider.

Watches.io is not a party to any agreement between users in the sale or transfer of any NFTs representing physical watches. Such transmissions are peer-to-peer only.

Because we have a growing number of services, we sometimes need to provide additional terms for specific services (and such services are deemed part of the “Service” hereunder and shall also be subject to these Terms). Those additional terms and conditions, which are available with the relevant service, then become part of your agreement with us if you use those services. In the event of a conflict between these Terms and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service.

Watches.io reserves the right to change or modify these Terms at any time, for any reason, with or without notice to you, at our sole discretion. If we make material changes to these Terms, we may provide notice of such changes, such as by providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service.

Services

The Service allows registered users to list, sell, browse, and buy physical watches and/or Vaulted Watches in an online marketplace. Watches.io acts as a front-end user experience provider (i) for the sale of physical luxury watches and (ii) to open-source smart contract(s) for the sale of Vaulted Watches. Watches.io acts as a platform provider to help facilitate transactions through the Service for the purchase of physical luxury watches or Vaulted Watches listed for sale. Watches.io provides a platform for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third-party products is solely between the buyer and seller.

Although Watches.io provides estimated market value data, we do not set prices for watches nor do we act as an auctioneer. Watches.io acts as a commercial agent to conclude the sale on behalf of each buyer and seller involved in each transaction. Since sellers set prices, they may be higher than the market value of the watch on our platform. Any market value estimations displayed through the Service are subjective, reflecting varying perspectives and opinions within the dynamic marketplace. Users are encouraged to exercise discretion, conduct their own independent analysis, and consider multiple sources of information when evaluating whether to participate in a sale. Additionally, Watches.io does not guarantee that any watch will sell.

Monitoring and Enforcement

We have the right to:

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Given the inherent limitations of blockchain technology and the features of our Services, we cannot preview or modify interactions and activities before or after they have been executed on the Website. Accordingly, the parties agree that we assume no liability for any action or inaction regarding transmissions, communications, transactions, blockchain operations, or content provided by any participant or third party, including any that may cause a malfunction or inaccuracy on the Website or among the Services. We have no liability or responsibility to anyone for any other party’s performance or nonperformance of the activities described in this or any other section, nor for any harms or damages created by others’ interactions with any blockchain underlying the Services or reliance on the information or content presented on the Website.

Accessing the Service

We reserve the right to withdraw or amend the Website, and any other services or material we provide on the Website, in our sole discretion with or without notice. We will not be liable if for any reason all or any part of the Website or any of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.

The User is responsible for both:

Making all arrangements necessary for the User to have access to the Website and the Services.
Ensuring that all persons who access the Website or the Services through the User’s internet connection are aware of these Terms of Service and comply with them.

To access certain Services or some of the resources offered on the Website, the User may be asked to provide certain registration details or other information. The User agrees that all information it provides to interact with the Website, Services, or otherwise, including, but not limited to, through the use of any interactive features on the Website (such as registration information) is correct, current, and complete, and is governed by our Privacy Policy. The User consents to all actions we take with respect to the User’s information as is consistent with our Privacy Policy.

If the User utilizes certain Web3 capabilities, such as a crypto-asset wallet capable of interacting with the User’s web browser, separate username, password, private key, or any other piece of information as part of its security procedures (“Web3 Utilities”), the User must treat such information as confidential, and the User must not disclose that information to any other person or entity. The User also acknowledges that any identity linked to its Web3 Utility is personal to the User and agrees not to provide any other person with access to such identity. The User also agrees to ensure that it will lock or otherwise prevent its Web3 Utility from unauthorized use on this Website or the Services at the end of each session. The User should use particular caution when accessing the Website or the Services from a public or shared computer so that others are not able to view or record the User’s username, password, private key, or other personal information.

The User also acknowledges that any identity linked to API keys generated by the Company is personal to the User and agrees not to provide any other person or entity with access to such information. The User also agrees to ensure that it will lock or otherwise prevent its API keys from unauthorized use on this Website or the Services at the end of each session.

We have the right to disable the User’s access, including those associated with a Web3 utility (such as that represented by a public address), to the Website or to block any IP address from accessing the Website at any time in our sole discretion for any or no reason, including if, in our opinion, the User or that identity has violated any provision of these Terms of Service or any other policy set forth by Watches.io.

Prohibited Uses:

To ensure Watches.io remains a safe, and lawful platform for everyone, we explicitly prohibit certain activities. Violation of these prohibitions may result in suspension or termination of your account and legal action if necessary.

Users may access Watches.io or use the Service only for lawful purposes in accordance with these Terms of Service. User agrees not to use or access Watches io:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, screen names, similarly named or commonly misspelled URLs, or associated blockchain identities).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Services, or which, as determined by us, may harm the Company or Participants, or expose them to liability.
Through the use of a VPN software or any other privacy or anonymization tools or techniques intended to circumvent, or attempt to circumvent, any restrictions that apply to the Services.
If they are a citizen of or otherwise accessing the Website from the nations of Belarus, Burma, China, Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Sudan, Syria, and Zimbabwe, or if the User is otherwise listed as a Specially Designated National by the United States Office of Foreign Asset Control (“OFAC”) (collectively, “Prohibited Jurisdictions”).
If doing so is illegal or impermissible according to any Applicable Laws.
To cause the Services, any of the Services’ underlying blockchain networks or technologies, or any other functionality with which the Services interact to work other than as intended.
To damage the reputation of the Company or impair any of the Company’s legal rights or interests.

Additionally, the User agrees not to:

Be likely to deceive or defraud, or attempt to deceive or defraud, any person, including (without limitation) providing any false, inaccurate, or misleading information (whether directly through the Services or through an external means that affects the Website) with the intent to unlawfully obtain the property of another or to provide knowingly or recklessly false information, including in any way that causes inaccuracy among the content on the Website or on the Services.
Use the Services to manipulate or defraud any Decentralized Exchange (DEX), oracle system, or blockchain network, or the users thereof.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, misrepresent the User’s identity, or misrepresent its affiliation with any person or organization.
Engage in any activity or behavior that violates any Applicable Laws concerning, or otherwise damages, the integrity of the Website or the Services, or any other service or software which relies on the Services.
Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case as it relates to the Website or the Services.
Use the Website in any manner that could disable, overburden, damage, impair, or interfere with any other party’s use of the Website, including the ability to engage in real time activities through the Website or with the Services.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website or the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Website, the Services, the Participants, any underlying blockchain, or any of the Service’s related utilities or functionalities.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, including any underlying blockchain.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
Attack the Website, the Services, or any of the Services’ underlying blockchain networks or technologies, or any other functionality with which the Services interact via a denial-of-service attack or a distributed denial-of-service attack.
Encourage or induce any third party to engage in any of the activities prohibited under these Terms.
Otherwise attempt to interfere with the proper working of the Website or the Services.

You further covenant that the foregoing shall be true during the entire period of this agreement. If you access or use the Service outside 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 laws.

Watches.io prioritizes security and compliance in its platform. Therefore, in specific circumstances, the Company may require you to provide additional information and documents in certain circumstances, including certain Know Your Customer (“KYC”) information. Such a requirement may arise at the request of any government authority, as any applicable law or regulation dictates, to provide you with a requested service, or to investigate a potential violation of these Terms. In such cases, Watches.io, in its sole discretion, may disable or terminate your Account and block your ability to access the Service until such additional information and documents are processed by Watches.io. If you do not provide complete and accurate information in response to such a request, Watches.io may refuse to restore your access to the Service and permanently suspend you from the platform.

Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service, geographic restrictions, potential violation of these Terms, or other actions that Watches.io, in its sole discretion, may elect to take. You understand that Watches.io, in its sole discretion, may disable your Account and/or reassign your username or associated URL.

Redemptions

When you purchase a Vaulted Watch, a physical watch (the “Product”) associated with your Vaulted Watch will securely and safely remain in our, or one of our affiliate or partner’s, possession until you redeem your Watches.io Vaulted Watch for the Product (each a “Redemption”). You acknowledge and understand that each Redemption may result in additional shipping or administrative fees. Watches.io will provide you advance notice of any and all fees you may be responsible for. For step-by-step instructions to complete a Redemption, visit our Vaulted Watch policy here.

We will give you prior notice on which date you may Redeem your Watches.io Vaulted Watch (“Redemption Start Date”). We may also provide a date by which your Watches.io Vaulted Watches must be Redeemed (“Redemption End Date”). The Redemption Start Date and Redemption End Date are not binding and may be subject to change. You acknowledge that it is your responsibility to review any correspondence sent to you or to access our Website and Platform to receive updates on the Redemption Start Date and Redemption End Date. The Redemption Start Date and Redemption End Date may not be available at the time you purchase a Watches.io Vaulted Watch. Once the Redemption End Date is over, Watches.io reserves the right to either burn the Watches.io Vaulted Watch or render the Watches.io Vaulted Watch non-Redeemable, which may include changing the Artwork or metadata of the Watches.io Vaulted Watch. In addition, Watches.io reserves the right to deem an existing Watches.io Vaulted Watch as invalid, for any reason, including in the event of a collection upgrade, at its sole discretion and to mint a new Vaulted Watch associated with the Product. Prior to the Redemption End Date, we may, but are not obligated to, provide advance notice to you or to post periodic announcements on our Platform that a Redemption End date is approaching or to contact you if we have your contact information. It is your responsibility to review any correspondence sent to you or to check for any such announcements and to monitor the Redemption End Date on your own. Failure to redeem the Product at the Redemption End Date may result in additional fees incurred.

Beginning on the Redemption Start Date, the owner of a Watches.io Vaulted Watch can Redeem the Watches.io Vaulted Watch for that Product. In order to Redeem your Watches.io Vaulted Watch, you must have an account on our Website and must provide information that allows us to ship the Product to you, including, but not limited to, your name, mailing address, and email address. YOU ACKNOWLEDGE THAT WE CANNOT SHIP PRODUCTS TO CERTAIN JURISDICTIONS OR TO MINORS WHO ARE NOT LEGALLY PERMITTED TO ACCEPT DELIVERY OF A PRODUCT. IN SUCH CASES, YOU WILL NOT BE ABLE TO REDEEM YOUR WATCHES.IO VAULTED WATCH, AND WILL NEED TO EITHER HOLD THE WATCHES.IO VAULTED WATCH UNTIL SUCH TIME AS WE CAN LEGALLY SHIP IT TO YOU, OR SELL YOUR WATCHES.IO VAULTED WATCH. YOU MAY BE REQUIRED TO PROVIDE VALID IDENTIFICATION AS WELL AS A SIGNATURE UPON DELIVERY. YOU ACKNOWLEDGE AND AGREE THAT FAILURE TO PROVIDE VALID IDENTIFICATION UPON DELIVERY MAY RESULT IN DELAY OF DELIVERY OR ADDITIONAL FEES IN PROVIDING AN ALTERNATIVE DELIVERY METHOD. All requests to Redeem a Watches.io Vaulted Watch are final and may not be reversed.

You are responsible for compliance with all applicable importation and customs laws when you Redeem a Watches.io Vaulted Watch. To the extent Watches.io is aware that a Watches.io Vaulted Watch owner is not in compliance with such laws, Watches.io will not ship the Product.

Watches.io stores the Product at no cost to the Watches.io Vaulted Watch owner. Therefore, Watches.io must have certain safeguards in the event an owner cannot be reached. If an owner’s account is inactive for 3 years, Watches.io will attempt to contact the Watches.io Vaulted Watch owner. If the Watches.io Vaulted Watch owner does not respond within 21 days or the owner cannot be reached, Watches.io will contact all methods of communication enabled on the account (including but not limited to email and phone number). If no contact was provided, or the contact does not answer within 14 days, Watches.io reserves the right to deem that the Watches.io Vaulted Watch is invalid, and such Watches.io Vaulted Watch can no longer be Redeemed. Watches.io has the right to reissue a new NFT for the Product and put it up for auction on the Platform. Net proceeds from that sale will be donated to the Stand With Us Charity or such other charitable endeavors as Watches.io may determine.

Watches.io does not provide any warranty, whether explicitly stated or implied by law, regarding the condition, quality, or value of any Product that may be associated with an NFT offered for sale, purchase, or trade on our platform. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from a course of dealing, usage, or trade practice. Furthermore, Watches.io only guarantees the provenance, or legitimacy of any Product associated with an NFT on the platform up to the extent of its inspection. Watches.io performs customary inspection measures via subcontracted inspectors and trained highly-skilled watchmakers to make the best assessment possible on the authenticity of the watch. The user assumes all risks related to the condition and authenticity of the Product when engaging in transactions on the Watches.io platform.

Estimated Market Values & Analytics; No Reliance on Information Posted

While Watches.io may estimate the market value of certain watches on the Service, Watches.io does not recommend that those watches be purchased nor does it make any representations that such watches are a good value or a sound investment. We strictly provide market values for entertainment or educational purposes only. The market values and watches appearing on Watches.io could include technical, typographical, or photographic errors. Watches.io does not warrant that any of the materials on its website are accurate, complete or current. THE SERVICE DOES NOT INCLUDE FINANCIAL, LEGAL OR OTHER PROFESSIONAL ADVICE. NO ACTION SHOULD BE TAKEN BASED UPON ANY INFORMATION OBTAINED THROUGH THE SERVICE WITHOUT FIRST SEEKING INDEPENDENT ADVICE FROM A QUALIFIED PROFESSIONAL.

Further, the information presented on or through the Website, including market data and analytics, is made available solely for general information and education purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any information posted to the Website or through the Services should not be construed as an intention to form a contract, and in no case should any information be construed as the Company’s offer to buy, sell, or exchange crypto-assets. Any reliance the User places on such information is strictly at the User’s own risk, and as is common in the blockchain space, the User is assuming a high amount of risk related to others or technical harms when operating via the Website and the Services. We disclaim all liability and responsibility arising from any reliance placed on such materials by the User or any other Participant, by anyone who may be informed of any of the Website’s or the Services’ contents, or by the actions or omissions of others interacting with the Website or any underlying blockchain.

This Website or the Services may include content provided by third parties, including (without limitation) materials provided by other participants, bloggers, and third-party licensors, syndicators, blockchain users, decentralized applications, aggregators, and/or reporting services. All statements, alleged facts, and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company or even the factual status of reality. We are not responsible, or liable to the User or any third party, for the content or accuracy of any materials provided by any third parties, and User agrees that it bears sole and absolute responsibility to evaluate and select any third-party functionality with which it interacts via the Services.

Physical Marketplace

Watches.io is a marketplace that allows users to offer, sell, and buy Products in various geographic locations using a variety of pricing formats. Watches.io is not a party to contracts for sale between third-party sellers and buyers, nor is Watches.io a traditional auctioneer.

Any guidance Watches.io provides as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. We may help facilitate the resolution of disputes between buyers and sellers through various programs. Unless otherwise expressly provided, Watches.io has no control over and does not guarantee: the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

To buy or sell watches through the Service you must create an account and have a valid non-custodial wallet or credit card or other approved payment method on file with our third-party payment processors. WATCHES.IO DOES NOT PROCESS ANY PAYMENT FOR ANY SERVICE. When you create an account, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 16 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

In connection with using or accessing our Services you agree to comply with our policies, our terms, and all applicable laws, rules, and regulations, and you will not:

breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
fail to deliver items sold by you, unless you have a valid reason as set out in in the Seller Policy;
manipulate the price of any item or interfere with any other user's listings;
transfer your Watches.io account (including feedback) and user ID to another party without our consent;
share your log in credentials with any third parties.
create listings, post, or upload content in inappropriate categories or areas on our sites;
engage in gambling;
post false, inaccurate, misleading, deceptive, defamatory, libelous, or illegal content;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Watches.io or the interests or property of users;
use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access or extract any data from our Services for any purpose, except with the prior express permission of Watches.io;
circumvent any technical measures used to provide our Services;
interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
export or re-export any Watches.io application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Watches.io. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Watches.io or someone else;
infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
commercialize any Watches.io application or any information, data, or software associated with such application, except with the prior express permission of Watches.io; or
harvest or otherwise collect or use information about users without their consent.

Sellers of Products or NFTs must meet the Seller Policy. Failure to meet these standards may result in Watches.io charging sellers additional fees, and/or limiting, restricting, suspending, or downgrading your seller account or status on Watches.io.

If we believe you are violating this Terms of Service or any of our policies, or abusing Watches.io and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. We may offer a process allowing users to report claimed violations for us to consider and handle through one or more of these options, all in our sole discretion.

We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.

We charge sellers for the use of our Services. In some cases, where buyers receive supplemental Services such as authentication or storage Services for items in certain categories, we may also charge those buyers for such supplemental Services.

The fees we charge Buyers for using our Services to purchase goods and services are listed on our Buyer Policy. We may change our fees from time to time by posting the changes on the Watches.io site at least fourteen (14) days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

If you are a seller, you are liable for fees arising out of all sales made using some or all of our Services, even if sales terms are finalized or payment is made outside of Watches.io. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Watches.io, you may be liable to pay a final value fee applicable to that item, even if the item doesn't sell, given your usage of our Services for the introduction to a buyer.

When listing a Product for sale on our platform, you agree that:

You assume full responsibility for the item offered and the accuracy and content of the listing, including listing content created using tools offered by Watches.io or third parties such as translation, image editing, and generative artificial intelligence tools,
Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Watches.io can't guarantee exact listing duration,
Your fixed-price listings may automatically renew every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or Watches.io, in its sole discretion,
The content you provide complies with all of our listing policies,
Content that violates any of Watches.io's policies may be modified, obfuscated, or deleted at Watches.io's sole discretion,
We may revise product data associated with listings or alter listings entirely to supplement, remove, or correct information or to improve the marketability of such listings, at our sole discretion.

We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

buyer's location, search query, browsing site, and history;
item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
seller's history, including listing practices, Detailed Seller Ratings, Watches.io policy compliance, feedback, and defect rate; and
number of listings matching the buyer's query,
To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,
Some advanced listing upgrades will only be visible on some of our Services,
Watches.io's Duplicate listings policy may also affect whether your listing appears in search results,
Metadata Tags and URL links that are included in a listing may be removed or altered,
We may provide you with optional information to consider when creating your listings. Such information may be based on the aggregated sales and performance history of similar sold and/or current listings; results may vary for individual listings. You agree that we may display the sales and performance history of your individual listings to other sellers,
Artificial intelligence-based tools may be used to provide you with content; availability and accuracy of these tools and content are not guaranteed,
For Products listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, Watches.io may require the use of certain payment methods, including payment through cryptocurrency or other digital assets for any fees associated with any sale, transfer or shipping of Products. For example, for inventory covered by authentication or storage services, buyer and sellers may be subject to escrow and/or payment handling requirements,
You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or if the product poses a health or safety hazard as specified by any governmental agency. Watches.io has no responsibility or liability for the safety or performance of any product that you list or sell using our Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of, any product you list or sell using our Services,
Watches.io may publish and promote your listings, including related content such as username, product reviews and feedback on the websites or in the applications, services, and tools of other Watches.io Inc. corporate family members or cooperating third-party operators of websites, applications, services, and tools,
Selling fees do not purchase exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, including listings, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.

Given the nature of Watches.io's global marketplace, listings may be viewed and purchased by, and shipped to, buyers around the world. Many of our Services are accessible internationally. Sellers and buyers may be responsible for complying with all laws and regulations, including any tax requirements, applicable to the international sale, purchase, and shipment of items.

For sellers, you agree that we may display your listing for sale on an Watches.io site other than the site where you listed your item for sale, based on your shipping settings. If you list your items with an international shipping option, the appearance of your listings on sites other than the listing site is not guaranteed. If you sell an item on an Watches.io site that is different from your registration or listing site, you are subject to the Terms of Service and applicable policies, including any buyer protection programs, of that other Watches.io site with respect to that particular sale.

You authorize us to use automated tools to translate your Watches.io content, including member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.

Payments for goods and services sold using our Services are facilitated by third-party payment processors (each, "Third-Party Payment Entity") pursuant to the Buyer Policy. You agree to the Buyer Policy to the extent applicable to you.

Credit Cards. To facilitate payment for the Service via credit card, we use Coinflow, a third-party payment processor and/or its affiliates (collectively, “Coinflow”). Such payment processing services are provided by Coinflow and are subject to the terms and conditions and other policies available at [LINK]. You acknowledge that such terms and conditions may be amended from time to time and agree to be bound by such other terms and conditions if you opt to make a purchase using a credit card. Please contact Coinflow for any more information regarding using Coinflow. Watches.io is not liable for any payments or fees that you make using Coinflow.
Crypto Payments. To facilitate payment for the Services via blockchain wallet, we utilize Privy, a third party blockchain wallet provider. You may also connect an existing external wallet. Such wallet services are provided by the applicable wallet provider. You are subject to the terms and conditions of Privy or other wallet providers. You acknowledge that such terms and conditions may be amended from time to time and you agree to be bound by such terms and conditions if you decide to make a purchase using crypto. Please contact the applicable wallet provider for more information regarding using their wallet services. Watches.io is not liable for any payments, fees or losses for using such wallet providers.

To receive payment for an item sold using our Services, you must accept and comply with the Seller Policy, including the requirements to provide to Watches.io and our third-party payment processors information about you, your business, and the financial account you will use to receive payments. Payments received in cryptocurrency or other digital assets will be subject to these same terms.

Watches.io is obligated to comply with tax laws and regulations in the jurisdictions where we conduct business. This means that Watches.io may calculate, collect, and remit sales tax on behalf of our users for transactions occurring via our platform in certain jurisdictions. The amount of sales tax charged will be based on various factors, such as the type of item purchased, the buyer's delivery address, the seller's location, and the value of the item. The sales tax amount will be displayed at checkout before you complete your purchase. Please note that tax laws are complex and subject to change; as such, you should consult with a tax professional if you have any questions about sales tax related to transactions on Watches.io.

If you are a Buyer:

You may pay for items and services using the payment methods available on Watches.io, and while Watches.io may prompt the processing of payment; external payment processing entities (each a “Third-Party Payment Entity”) will ultimately manage settlement of the payment, hold or custody any payments in escrow to sellers as necessary until the purchased item passes inspection. When buying on our Services, you authorize the Third-Party Payment Entity to initiate payments using your selected payment method and collect the transaction amounts on behalf of the seller.  Accordingly, payments received by any Third-Party Payment Entity from you will satisfy your obligations to pay the seller in the amount of payments received.

In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, Anti-Money Laundering ("AML") compliance, compliance with economic or trade sanctions, in connection with Watches.io's internal risk controls or due to potential violations of any policy of Watches.io or the Third-Party Payment Entity, or a policy of one of the Third-Party Payment Entity's services providers.

In the event that a purchased watch is unavailable, but a comparable model with a more recent year, better condition, or more complete accessory package is available, Watches.io reserves the right to process the transaction for the updated watch. Customers will be notified within 24 hours of the substitution.

Watches.io is committed to the user experience and will always move its post purchase process forward. In the case of a seller transposition error on a year, if the year is more recent on a modern watch then Watches.io reserves the right to process the transaction and complete the sale.

Watches.io, the Third-Party Payment Entity or its affiliates may save payment information, such as credit card or debit card numbers, expiration dates, and wallet addresses entered by you on our Services when you make a purchase or make any other transaction on our Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on our Services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method through the payment section in My Watches.io. You are responsible for maintaining the accuracy of information we have on file, and you consent to Watches.io updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorized to use. By placing a payment method on file with us, you authorize Watches.io Payment Entities to charge your payment method(s) for any and all amounts arising from your use of our Services, including charges to recover the proceeds of any fraud perpetrated by you, or charges necessary to recoup amounts refunded to you in error.

You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of the services provided by the Third-Party Payment Entity. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the Third-Party Payment Entity has no control over, or responsibility or liability for, such fees or actions.

Trademarks; Ownership

The Service, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, URLs, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the Watches.io logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Watches.io or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership 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.

Watches.io’s name, logo, trademarks, and any Watches.io product or service names, designs, logos, and slogans are the intellectual property of Watches.io 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 instance. You may not use any metatags or other “hidden text” utilizing “Watches.io” or any other name, trademark or product or service name of Watches.io 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 Watches.io and may not be copied, imitated or used, in whole or in part, without our prior written permission.

All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any NFTs 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 products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Watches.io.

We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Service or in any such Feedback. You agree that Watches.io may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Watches.io any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

Watches.io does not have ownership, custody, or control of NFTs or the smart contracts deployed by third parties. Creators of these NFTs or smart contracts are solely responsible for their operation and functionality.

License to Access and Use Our Service and Content

You are hereby granted a limited, nonexclusive, non transferable, nonsublicensable, and personal license to access and use the Service provided, however, that such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to 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-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Service as permitted by these Terms, provided that your license in any content linked to or associated with any NFTs is solely as set forth by the applicable seller or creator of such NFT.

Third-Party Content, Agreements, and Services

Watches.io does not make any representations or warranties about this third-party content visible through our Service, including any content associated with NFTs displayed on the Service, and you bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers. We also cannot guarantee that any NFTs visible on Watches.io will always remain visible and/or available to be bought, sold, or transferred. Users are solely responsible for any content related to their NFTs.

These Terms solely govern the use of our Service. NFTs are available on public blockchains, are purchased, sold, or transferred between a buyer, seller and/or creator directly, and may be purchased, sold, or transferred by buyers, sellers, and/or creators without the use of our Service and therefore without agreeing to our Terms. Sellers are solely responsible for determining and establishing the price of an NFT, inclusive of any applicable tax.

For its Service, Watches.io may receive certain fees. Watches.io does not set, collect, or determine other applicable costs, fees, and expenses associated with buying and selling an NFT, including but not limited to any creator earnings, gas, or transaction fees. These costs, fees, and expenses are paid directly to the seller, creator, payment processor, blockchain validator, or other third party, as applicable. Because these costs, fees, and expenses are not collected by Watches.io, it cannot refund them.

The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though 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 Watches.io, and may be “open” applications for which no recourse is possible. Watches.io is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. Watches.io provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.

User Conduct

Openness is one of our most prized values, and we’re committed to providing people from all walks of life and varying experience levels with web3 with a colorful lens into different blockchains. However, to protect our community and comply with our legal obligations, we reserve the right to take action, with or without advance notice, if we believe in our sole discretion that you have violated these Terms or that you may use our Service for unlawful activity. This may include removing or limiting the ability to view or interact with certain NFTs; disabling or restricting the ability to use the Service (or certain aspects of the Service); and/or other actions.

You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, in connection with using the Service. You also agree that you will not:

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 Watches.io that is owned or controlled, in whole or in part, by any other person;
Claim an Watches.io 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, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Watches.io;
Use our Service, including our APIs, in any way that conflicts with our developer policies;
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 Watches.io fee systems;
Engage in behaviors that have the intention or the effect of artificially causing an item or collection to appear in a certain area on Watches.io’s site or at the top of search results, or artificially increasing view counts, favorites, or other metrics that Watches.io might use to surface or sort items, collections, or 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, directly or indirectly, 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 Watches.io;
Use the Service, directly or indirectly, for, on behalf of, for the benefit of, or in connection with (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 Prohibited 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 Prohibited 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, and/or any other illegally obtained items;
Infringe or violate the intellectual property rights or any other rights of others;
Create, display, purchase, or sell illegal content, such as content that may involve child sexual exploitation;
Create or display NFTs or other items that promote suicide or self-harm, incite hate or violence against others, or dox 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 with the proceeds of unlawful activity or with a wallet used to engage in unlawful activity;
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service.

Finally, by using the Service, you understand the importance of DYOR – doing your own research. You bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any NFT, collection, or account that you view or otherwise interact with in conjunction with our Service. We make no claims, guarantees or recommendations about the identity, legitimacy, or authenticity of any NFT, collection, or account on the Service, or the authenticity of any watches or other items to which an NFT relates.

Intellectual Property Rights

You are solely responsible for your use of the Service and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms, including the User Conduct requirements outlined above.

By using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with Watches.io’s metadata standards 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 file, art, or other material linked to or associated with any NFTs that are displayed on the Service.

Watches.io does not claim that submitting, posting, or displaying this content on or through the Service gives Watches.io any ownership of the content. 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, promote, or display on or through the Service.

Except any open-source software or other material incorporated the Website or the Services, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The User must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

The User’s computer may temporarily store copies of such materials in RAM incidental to the User’s accessing and viewing those materials.
The User may store files that are automatically cached by the User’s web browser for display enhancement purposes.
The User may print or download one copy of a reasonable number of pages of the Website for its own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, the User may download a single copy to its computer or mobile device, provided the User agrees to be bound by any applicable end user license agreement or other similar agreement for such applications.
For any open-source materials provided on the Website or through the Services, the User may perform any activities only as is consistent with the open-source license applicable to such materials.
The User must not:
Modify copies of any materials from this Website.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

If the User wishes to make any use of material on the Website other than that set out in this Section, it should address its request to: concierge@watches.io

If the User prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Website in breach of these Terms of Service, the User’s right to access the Website will stop immediately and the User must, at our option, return or destroy any copies of the materials the User has made. No right, title, or interest in or to the Website or any content on the Website is transferred to the User, and all rights not expressly granted are reserved by the Company.

Notwithstanding anything to the contrary in these Terms of Service, the User may freely use any open-sourced materials up to the limits provided, but in accordance with any requirements placed, by those materials’ open-source licenses.

Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

You are solely responsible for the content and metadata associated with NFTs and digital items you create. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Watches.io the license described above, and that the content does not violate any laws.

Watches.io will take down works in response to Digital Millennium Copyright Act (“DMCA”) takedown notices and/or other intellectual property infringement claims and will terminate a user's access to the Service 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 or trademark infringement, or violates your publicity or other intellectual property rights, please fill out our form here or you may submit written notice to our designated copyright agent at:

[HW Vault Inc., 36 NE 1st Street, #222, Miami, Florida 33132]

For us to process your infringement claim regarding content on the Service, you must be the rightsholder or someone authorized to act on behalf of the rightsholder. We encourage you to use our form to help ensure the requisite information is included in your notice. If you choose to write to us by email or physical mail instead, your notice must include:

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).

Please note that we will forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on Watches.io and can also contact you to resolve any dispute.

Communication Preferences

By creating an Account, you consent to receive electronic communications from Watches.io (e.g., via email, push notification, text messages, 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 communications via email we think will 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 these communications through the Service or through your mobile device’s operating system (with the possible exception of important service announcements and administrative messages) by following the unsubscribe instructions provided or through your Account settings.

Indemnification

By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Watches.io, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Watches.io Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, content, NFTs, or content linked to or associated with any NFTs (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 of or obligations to a third party, including another user or third party, and (e) your negligence or willful misconduct. You agree to promptly notify Watches.io of any Claims and cooperate with the Watches.io Parties in defending such Claims. You further agree that the Watches.io Parties shall have control of the defense or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND WATCHES.IO.

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 WATCHES.IO EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WATCHES.IO (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL 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 SAFE. WATCHES.IO 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. WATCHES.IO 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 WATCHES.IO ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, WATCHES.IO CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY NFTS, OR ANY NFTS YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE WATCHES.IO PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD WATCHES.IO RESPONSIBLE FOR ANY BREACH OF SECURITY.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF OR LOSS OF USE OF NFTS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS.

NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM). WATCHES.IO AND/OR ANY OTHER WATCHES.IO PARTY CANNOT EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.

NO WATCHES.IO PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. NO WATCHES.IO PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.

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

Nature of Blockchain; Assumption of Risk; Waiver of Claims.

Blockchains, Digital Assets, Smart Accounts, Contracts, the Protocol, and their related technologies and functionalities are still emerging innovations that carry a relatively high amount of foreseeable and unforeseeable risk from security, financial, technical, political, social, and personal safety standpoints. The mere access to and interaction with blockchains requires high degrees of skill and knowledge to operate with a relative degree of safety and proficiency. Digital Assets are highly volatile in nature due to many diverse factors, including without limitation use and adoption, speculation, manipulation, technology, security, and legal and regulatory developments and application. Further, the speed and cost of transacting with cryptographic technologies, such as blockchains like those underlying the Services, are variable and highly volatile. Moreover, the transparent nature of many blockchains means that any interactions the User has with the Services and any blockchain may be publicly visible and readable in human form.

By accessing and using the Website or the Services, the User acknowledges the foregoing, and agrees and represents that it understands and assumes such and other risks involved with blockchains, Contracts, the Protocol, and related technologies (including without limitation any specific technical language used in this Agreement). The User further represents that it has all knowledge sufficient to use, and is informed of all foreseeable risks and the possibility of unforeseeable risks associated with blockchains, Digital Assets, Web3 Utilities, smart contracts, the Protocol, and the Services. The User further acknowledges, and assumes all risk related to the possibility, that any information presented via the Website or Services may be inaccurate, possibly due to another party’s malicious activities and possibly to the User’s severe harm or detriment. The User agrees that we are not responsible for any of these or related risks, do not own or control any blockchain, and cannot guarantee the safe or accurate functioning of the Services, and shall not be held liable for any resulting harms, damages, or losses incurred by or against the User experiences while accessing or using the Website or the Services.

Accordingly, the User acknowledges the foregoing, represents its understanding of the foregoing, and agrees to assume full responsibility for all of the risks of accessing and using the Website and interacting with the Services, whether mentioned in this Section or otherwise. The User further expressly waives and releases us from any and all liability, claims, causes of action, or damages arising from or in any way relating to the User’s use of the Website and the User’s interaction with the Services.

No Professional Advice.

All information or content provided or displayed by the Website (is for informational purposes only and should not be construed as professional advice (including, without limitation, tax, legal, or financial advice). The User should not take or refrain from taking any action based on any information or content displayed or provided on the Website or through the Services. The User should seek independent professional advice from an individual licensed and competent in the appropriate area before the User makes any financial, legal, or other decisions where such should be considered prudent. The User acknowledges and agrees that, to the fullest extent permissible by law, it has not relied on Watches.io or the content on the Website or the Services for any professional advice related to its financial or legal behaviors.

Assumption of Risk

You accept and acknowledge:

The value of an NFT, or the underlying watch, is subjective. Prices of NFTs and watches 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.

You understand that you are responsible for any fees related to use of the Service, including for actions you take on the blockchain, regardless of whether a successful transaction occurs, and that such fees are final and irreversible.

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. Watches.io is not responsible for determining, withholding, collecting, reporting, or remitting any taxes that apply to your NFTs or the sale/purchase of 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 have ownership or control of the smart contracts deployed by third parties, and are not responsible and make no guarantees regarding their operation and functionality.

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 Watches.io 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 Watches.io 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 and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/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.

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.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL WATCHES.IO OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY (A) FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WATCHES.IO OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE 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 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 WATCHES.IO ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, NFTS, OR ANY WATCHES.IO PRODUCTS OR SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY WATCHES.IO FOR ITS SERVICE TO YOU DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF 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 disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

Please refer to our Privacy Policy for information about how we collect, use, and share information from and/or about you ("Your Information"). By submitting Your Information through our Service, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of Your Information in accordance with the Privacy Policy.

No Fiduciary Duties.These Terms, and the provisions of the Website and the Services, are not intended to create any fiduciary duties between us and the User or any third party. The Company never takes possession, custody, control, ownership, or management of any crypto-assets or other property you may transmit using the Service. To the fullest extent permissible by law, the User agrees that neither the User’s use of the Website or of the Services causes us or any participant to owe fiduciary duties or liabilities to the User or any third party. Further, the User acknowledges and agrees to the fullest extent such duties or liabilities are afforded by law or by equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated, and that we and any other participant shall be held completely harmless in relation thereof. The User further agrees that the only duties and obligations that we or any participant owes the User, and the only rights the User has related to this Agreement or the User’s use of the Website or the Services, are those set out expressly in this Agreement or that cannot be waived by law.

Links from Websites.If the Website may contain links to other sites and resources provided by third parties, these links are provided for convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and the User acknowledges and agrees that we do not and will not accept any responsibility for them or for any loss or damage that may arise from the User’s use of them. If the User decides to access any of the third-party websites linked to this Website, the User does so entirely at its own risk and subject to the terms and conditions of use for such websites.

No FDIC or SIPC Insurance.Your crypto accounts are not checking or savings accounts, and we do not provide any kind of insurance to you against any type of loss, including (without limitation) losses due to decrease in value of assets, assets lost due to a cybersecurity failure, or from your or other individuals’ errors or malfeasance. In most jurisdictions crypto-assets are not legal tender, and most crypto-assets are not backed by any government. Your crypto-asset balances are not covered by Federal Deposit Insurance Corporation (“FDIC”) or Securities Investor Protection Corporation (“SIPC”) protections.

Modifications to the Service

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

Dispute Resolution; Arbitration

Dispute Resolution.Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Watches.io and limits the manner in which you can seek relief from us. This section does not govern disputes between users or between users and third parties. Watches.io does not provide dispute resolution services for such disagreements and the parties must resolve those disputes directly.

Applicability of Arbitration Agreement.You agree that any dispute, controversy, or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Watches.io, will be resolved by binding arbitration, rather than in court, including threshold questions of the arbitrability of such dispute, controversy, or claim except that (1) you or Watches.io may assert claims in small claims court, but only if the claims qualify, the claims remain only in such court, and the claims remain on an individual, non-representative, and non-class basis; and (2) you or Watches.io 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 Watches.io both agree to engage in good-faith efforts to resolve disputes prior to either party initiating an arbitration, small claims court proceeding, or equitable relief for intellectual property infringement. You must initiate this dispute resolution process by sending a letter describing the nature of your claim and desired resolution to: Watches.io, Attn: [36 NE 1ST STREET, SUIT #222, MIAMI, FL, 33132]. Both parties agree to 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 arbitration or, where applicable, litigation. 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 Watches.io is represented by counsel, its counsel may participate in the Conference as well, but Watches.io 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 initiation of this dispute resolution process, 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.Any dispute, controversy or claim arising out of, relating to, or in connection with the User’s use of the Website or the Services, or in connection with this Agreement, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be finally resolved by binding arbitration administered in New York, New York by the International Centre for Dispute Resolution under its applicable Arbitration Rules. A single arbitrator shall preside, and proceedings shall be conducted remotely to the maximum extent possible. Each Party shall pay its own expenses in such arbitration, including its attorneys’ fees, subject to reapportionment by the arbitrator in a final award. The language of the arbitration shall be English. The prevailing Party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in such proceeding in addition to any other relief to which it may be entitled. Any interim or provisional relief that would be available from a court of law shall be available in accordance with the rules of ICDR, however, nothing in this Agreement shall preclude the Parties from obtaining preliminary injunctive relief in a court of competent jurisdiction located in New York, New York if necessary to prevent irreparable harm pending the conclusion of any arbitration. The final arbitration award may be confirmed in a state or federal court located in New York, New York and the Parties agree to waive any claim of improper venue or forum non conveniens. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that these Terms of Service do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then its remaining portions will remain in force.

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 including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Watches.io. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. 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 grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms. 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 has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial.YOU AND WATCHES.IO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Watches.io are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the second bullet of this Section 16, above (“Applicability of Arbitration Agreement”). An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

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 (INCLUDING, WITHOUT LIMITATION, PAGA) OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY. 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 Watches.io agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in New York County in the State of New York. All other claims shall be arbitrated.

LIMITATION ON TIME TO FILE CLAIMS.ANY CAUSE OF ACTION OR CLAIM THE USER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR ITS USE OF THE WEBSITE MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED

Severability.Except as provided in this Section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, 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 will survive the termination of your relationship with Watches.io.

Modification.Notwithstanding any provision in these Terms to the contrary, we agree that if Watches.io 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 Watches.io at the following address: Watches.io, Attn: [36 NE 1ST STREET, SUIT #222, MIAMI, FL, 33132].

Governing Law and Venue

These Terms and your access to and use of the Service shall be governed by and construed and enforced in accordance with the laws of the State of Delaware (without regard to conflict of law rules or principles of the State of Delaware, or any other jurisdiction that would cause the application of the laws of any other jurisdiction). Any dispute between the parties that is not subject to arbitration as set forth in Section 16 or cannot be heard in small claims court, shall be resolved in the state or federal courts of New York County in the State of New York, and the United States, respectively, sitting in the State of New York.

Termination

If you breach any of the provisions of these Terms, all licenses granted by Watches.io will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, restrict, disable, terminate, or delete your Account and/or your ability to access or use the Service (or any part of the foregoing) 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. If we terminate your Account or restrict your access or use of the Service, you retain ownership of your NFTs. You may still access your NFTs through public blockchains and other web3 wallets, platforms, and/or websites.

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply‍.

Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to Watches.io for which monetary damages would not be an adequate remedy and Watches.io shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services 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.

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 Watches.io hereunder, to any country for which the United States or any other relevant jurisdiction requires any 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) into any U.S. Prohibited countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity 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 hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

Survival

All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Watches.io or you. Termination will not limit any of Watches.io’s other rights or remedies at law or in equity.

Miscellaneous

These Terms (and any other applicable terms or policies incorporated by reference in these Terms) constitute the entire agreement between you and Watches.io relating to your access to and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Watches.io, and Watches.io’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.

The Service is operated by us in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You and Watches.io agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.