Terms of Service

Thank you for choosing Layerr. These Terms of Service ("Terms") govern your use of our website and services. By using our website and services, you agree to these Terms.

Introduction

Layerr is a platform that provides software services to allow users to launch NFTs, allowing users to upload their images and generate smart contracts. Layer also provides users with marketing and analytics services to assist them in launching their NFTs or projects

User Conduct

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, while accessing or using the Services. 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 Layerr that is owned or controlled, in whole or in part, by any other person;

• Access the Services from a different blockchain address if we have blocked any of your other blockchain addresses from accessing the Services, unless you have our written permission first;

• Use the Services – including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Services in any manner;

• Bypass or ignore instructions that control access to the Services, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Layerr;

• Use our Services for commercial purposes inconsistent with these Terms of Use 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 Services, extract data, or otherwise interfere with or modify the rendering of Services pages or functionality;

• Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Services, 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 Services;

• Sell or resell the Services or attempt to circumvent any Layerr system for determining fees, charges or use;

• Engage in behaviors that have the intention or the effect of artificially causing an item or collection to appear at the top of search results, or artificially increasing view counts, favorites, or other metrics that Layerr might use to sort search results;

• Use the Services or data collected from our Services for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);

• Use the Services 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 Layerr;

• Use the Services, directly or indirectly, for, on behalf of, or for the benefit of, (a) any natural or legal person that is the subject of Sanctions; (b) any natural or legal person located in, ordinarily resident in, or organized under the laws of, any jurisdiction subject to Sanctions; 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 jurisdiction subject to Sanctions.

• Use the Services 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 Services to create, sell, or buy NFTs or other items that give owners rights to participate in an initial coin offering or any securities offering, or that are redeemable for securities, commodities, or other financial instruments;

• Use the Services to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;

• Use the Services 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 or display illegal content, such as content that may involve child sexual exploitation;

• Create or display NFTs or other items that promote suicide or self-harm, incites hate or violence against others, or doxes another individual;

• Use the Services 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 Use;

• Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services.

LICENSE TO ACCESS AND USE OUR SERVICES AND CONTENT

You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Services provided, however, that such license is subject to your compliance with these Terms of Use. 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 Services, 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 Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms of Use 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 AND SERVICES

Layerr does not make any representations or warranties about third-party content visible through our Services, including any content associated with NFTs displayed on the Services, 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 Layerr will always remain visible and/or available to be bought, sold, or transferred.

NFTs may be subject to terms directly between buyers and sellers with respect to the use of the NFT content and benefits associated with a given NFT (“Purchase Terms”). The buyer and seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing Purchase Terms. You are solely responsible for reviewing such Purchase Terms.

The Services 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 Services, 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 Layerr, and may be “open” applications for which no recourse is possible. Layerr is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. Layerr 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.

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 Services. We make no guarantees or promises about the identity, legitimacy, or authenticity of any NFT, collection, or account on the Services.

Layerr has the right to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Services.

Intellectual Property

You retain all ownership rights in the content you create or upload to Layerr. By using our services, you grant us a non-exclusive, royalty-free license to use, copy, distribute, and display your content as necessary to provide our services.

Disclaimer of Warranties

Layerr provides its services on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the availability, reliability, or accuracy of our services. We disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

In no event shall Layerr be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with these Terms or your use of our services, including, but not limited to, any damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify and hold Layerr and its officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in connection with your use of our services, your content, or your violation of these Terms.

Termination

We may terminate or suspend your access to our services at any time, without notice, for any reason or no reason, including if we believe that you have violated these Terms. Upon termination, your right to use our services will immediately cease.

Governing Law

These Terms and your use of Layerr will be governed by and construed in accordance with the laws of the United States of America and the State of California, without giving effect to any principles of conflicts of law.

Changes to these Terms

We reserve the right to modify these Terms at any time, in our sole discretion. We will provide notice of any material changes to these Terms by posting the revised Terms on our website.

If you have any questions about these Terms, please contact us at info@layerr.xyz