TERMS OF SERVICE


TABLE OF CONTENT

  1. INTRODUCTION

  2. ABOUT OASISX

    1. Nature of the Platform.

    2. Smart-Contract Enabled.

    3. Non-Custodial Service Provider.

  3. HOW TO USE OASISX

    1. Registration.

    2. Member Account, Password, and Security.

    3. Modifications to the Platform.

  4. PROHIBITED ACTIVITIES ON OASISX PLATFORM

  5. HOW TO BECOME A CREATOR

  6. INTELLECTUAL PROPERTY RIGHTS

    1.      ​ Creator Rights.

    2.      ​ Collectors Rights.

    3.      ​ OASISX’s Rights: Platform Content, Software and Trademarks.

  7. THIRD PARTY CONTENT

  8. INTELLECTUAL PROPERTY INFRINGEMENT

    1. ​ Copyright Infringement.

    2. ​ Counter-Notice.

    3. ​ Repeat Infringer Policy.

    4. ​ User’s Agreement to Cooperate with OasisX.

  9. FEES

  10. TAXES

  11. INDEMNIFICATION

  12. LIMITATION OF LIABILITY

  13. DISCLAIMER OF WARRANTIES

  14. TERMINATION RIGHTS

  15. MISCELLANEOUS

  1. ​ We do not get involved with User disputes.

  2. ​ Entire Agreement.

  3. ​ Applicable Laws.

  4. ​ Waiver.

  5. ​ Severability.

  6. ​ Limitation Period.

  7. ​ Assignment.

  8. ​ Notices.


    1. INTRODUCTION

      Welcome to OasisX, owned and operated by [OasisX, DMCC] (“OasisX”, “we,” “us,” “our”).

      OASISX provides its marketplace and services (described below) to you (“you” or “User") through its website, platform, and marketplace located at www.oasisx.com (the “Platform”), subject to the following Terms of Service (as amended from time to time, the “Terms”). By signing up for an account on the Platform or otherwise using or accessing the Platform, you acknowledge that you have read and agree to these Terms. The Privacy and GDPR policy and all such additional terms, guidelines, and rules as set forth on the Platform are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by the User.

      Please read these Terms carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further:

      1. you will only be permitted to pursue claims against OasisX on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding,

      2. you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, and

      3. you may not be able to have any claims you have against us resolved by a jury or in a court of law.

        We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Platform user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Platform will be effective immediately. Your continued use of the Platform and after the date any such changes become effective constitutes your acceptance of the new Terms.

    2. ABOUT OASISX

      1. Nature of the Platform.

        OasisX is a platform for artists, sports icons, musicians, and other (“Creators”) and collectors (“Collectors”) to create, sell, purchase, list, make offers, and bid (each a “Transaction”) on digital files represented by non-fungible tokens (“Digital work”).

      2. Smart-Contract Enabled.

        The Digital Artwork on OasisX is represented on smart contracts on the blockchain that provides an immutable ledger of all transactions that occur on OasisX (“Smart Contracts”). This means that all Digital work is outside of the control of any one party, including OasisX, and is subject to many risks and uncertainties. We neither own nor control the blockchain networks, your browser, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. The User understands that the User’s public address will be made publicly visible whenever he engages in a Transaction on the Platform.

      3. Non-Custodial Service Provider.

      While OasisX offers a marketplace for Digital Work, it does not buy, sell, or ever take custody or possession of any Digital Work. The Platform facilitates User collection of Digital Work, but neither OasisX nor the Platform are custodians of any Digital Work. The User understands and acknowledges that the Smart Contracts do not give OasisX custody, possession, or control of any Digital Work or cryptocurrency at any time for the purpose of facilitating transactions on the Platform. The User affirms that he is aware and acknowledges that OasisX is a non-custodial service provider and has designed this Platform to be directly accessible by the Users without any involvement or actions taken by OasisX or any third-party. As a marketplace, OasisX cannot make any representation or guarantee that Creators will achieve any particular outcome as the result of listing their Digital Artwork on the Platform.

    3. HOW TO USE OASISX

      1. Registration.

        Anyone can browse OasisX without registering for an account. Users may be required to register with OasisX in order to access and use certain features on the Platform, such as participating as a Creator or Collector. If User chooses to register on the Platform, they agree to provide and maintain true, accurate, current, and complete information about himself as prompted by our registration form. Registration data and certain other information about users are governed by the Privacy Policy. User must be at least 18 years old to register for an account as a Creator, and at least 18 years old to place a bid on any Digital Artwork. If User is under 18 years old, he must have the expressed permission of a parent or legal guardian who can accept these Terms on his behalf. Users are responsible for anything that occurs when anyone is signed in to their account, as well as the security of the account.

      2. Member Account, Wallets, and Security.

        Users are responsible for maintaining the confidentiality of their account and wallet private keys, if any, and are fully responsible for any and all activities that occur under their wallet or account. Users agree to (a) immediately notify OasisX of any unauthorized use of their wallet or account or any other breach of security, and (b) ensure that they exit from their account at the

        end of each session when accessing OasisX. OasisX will not be liable for any loss or damage arising from User’s failure to comply with this Section.

      3. Modifications to the Platform.

      OasisX reserves the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. User agrees that OasisX will not be liable to him or to any third party for any modification, suspension, or discontinuance of the Platform.

    4. PROHIBITED ACTIVITIES ON OASISX PLATFORM

      When using OasisX, no User is allowed to:

      1. Manipulate the price of a Digital Work in any way, including bidding on your own items, preventing bidding, or using OasisX to conceal economic activity.

      2. Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) poses or creates a privacy or security risk to any person; (iv) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or

        (vi) in the sole judgment of OasisX, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose OasisX or its users to any harm or liability of any type;

      3. Interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;

      4. Violate any applicable law, or any regulations having the force of law, or which would involve proceeds of any unlawful activity;

      5. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

      6. Solicit personal information from anyone under the age of 18;

      7. Collect email addresses or other contact information of other Users from the Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

      8. Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

      9. Promote any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism;

      10. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform;

      11. Use any bot, robot, crawler, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the Platform, or to collect information about its Users for any unauthorized purpose;

      12. Create user accounts by automated means or under false or fraudulent pretenses;

      13. Access or use the Platform for the purpose of creating a product or service that is competitive with any of our products or services.

    5. HOW TO BECOME A CREATOR

      Artists need to create an account to become a Creator on OasisX. As soon as the account is created, the Artists will be subject to a vetting process which shall enable OasisX to assess the Artist’s eligibility to the Platform.

    6. INTELLECTUAL PROPERTY RIGHTS


      1. ​ Creator Rights.

        The Creator owns all legal right, title and interest in all intellectual property rights underlying the Digital Work minted by the Creator on the Platform, including but not limited to copyrights and trademarks. As the copyright owner, the Creator has the right to reproduce, prepare derivative works of the Digital Artworks, distribute, and display or perform the Digital Artwork. The Creator hereby acknowledges, understands and agrees that selling Digital Artwork on OasisX constitutes an express representation, warranty and covenant that the Creator has not, will not, and will not cause another to sell, tokenize, or create another cryptographic token representing a digital collectible for the same Digital Artwork, excepting, without limitation, the Creator’s ability to sell, tokenize, or create a cryptographic token or other digital asset representing a legal, economic, or other interest relating to any exclusive rights belonging to the Creator under copyright law.

        The Creator hereby acknowledges, understands and agrees that launching a Digital Artwork on OasisX constitutes an express and affirmative grant to OasisX, its affiliates and successors,of a non-exclusive, worldwide, assignable, sublicensable, perpetual and royalty-free license to make copies of, display, perform, reproduce, and distribute the Digital Artwork on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising the Platform, or any other purpose related to OasisX, including without limitation, the express right to: (i) display or perform the Digital Artwork on the Platform, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) create and distribute digital or physical derivative works of Digital Artwork based on the Digital Artwork; (iii) indexing the Digital Artwork in electronic databases, indexes, catalogues; and (iv) hosting, storing, distributing, and reproducing one or more copies of the Digital Artwork within

        a distributed file keeping system, node cluster, or other database (e.g. IPFS) or causing, directing or soliciting others to do so.

        The Creator expressly represents and warrants that his Digital Artwork listed on OasisX contains only original content otherwise authorized for use by the Creator, and does not contain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Creator, not authorized for use by the Creator, not in the public domain, or otherwise without a valid claim of fair use, the Creator further represents and warrants that he has permission to incorporate the unoriginal content.


        The rehypothecation of Client VAs is strictly prohibited unless explicit prior consent is obtained from the client, granting discretionary authority for such actions. OasisX will undertake rehypothecation only if duly authorized and licensed by VARA to engage in relevant Virtual Asset activities concerning the specified Virtual Assets.


        All proceeds related to Client VAs, including but not limited to "airdrops," "staking gains," or similar benefits, shall directly accrue to the client's benefit. In instances where specific written agreements exist, OasisX may act according to the client's prior consent. OasisX retains the right to decide not to collect or distribute certain proceeds, provided the value falls below a threshold determined by the VASP. This discretion will be communicated to the client, and acceptance shall be obtained in compliance with applicable laws.


      2. Buyers Rights.

        If a User buys a Digital Artwork on the Platform:

        1. he does not acquire any intellectual property rights in the creative work itself, but instead receives ownership (or title) of the Digital Artwork. Buyer has the right to display the Digital Artwork and resell it to another person if he wishes;

        2. the Artist of the Digital Artwork does not give up any copyright in thecreative work itself, meaning that he cannot prevent the Artist from using the creative work itself for further commercial work; and

        3. he has no right to use the underlying creative work content for commercial purposes.

      3. Collectors Rights.

        Collectors receive a cryptographic token representing the Creator’s Digital Artwork as a piece of property, but do not own the creative work itself.


        Collectors may display and share the Digital Artwork, but Collectors do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the Digital Artwork, excepting the limited license to the Digital Artwork granted by these Terms. Upon collecting a Digital Artwork, Collectors receive a limited, worldwide, non-assignable,

        non-sublicensable, royalty-free license to display the Digital Artwork legally owned and properly obtained by the Collector.


        The Collector’s limited license to display the Digital Artwork, includes, but is not limited to, the right to display the Digital Artwork privately or publicly: (i) for the purpose of promoting or sharing the Collector’s purchase, ownership, or interest, (ii) for the purpose of sharing, promoting, discussing, or commenting on the Digital Artwork; (iii) on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the Digital Artwork; and (iv) within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments.


        Collectors have the right to sell, trade, transfer, or use their Digital Artwork, but Collectors may not make “commercial use” of the Digital Artwork.


        The Collector agrees that it may not, nor permit any third party, to do or attempt to do any of the foregoing without the Creator’s express prior written consent in each case: (i) modify, distort, mutilate, or perform any other modification to the Work which would be prejudicial to the Creator’s honor or reputation; (ii) use the Digital Artwork to advertise, market, or sell any third party product or service; (iii) use the Digital Artwork in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could otherwise infringe upon the rights of others; (iv) incorporate the Digital Artwork in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these Terms or solely for your Collector’s personal, non-commercial use; (v) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Digital Artwork; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Digital Artwork; (vii) attempt to mint, tokenize, or create an additional cryptographic token representing the same Digital Artwork, whether on or off of the OasisX Platform; (viii) falsify, misrepresent, or conceal the authorship of the Digital Artwork; or (ix) otherwise utilize the Digital Artwork for the Collector’s or any third party’s commercial benefit.


        The Collector irrevocably releases, acquits, and forever discharges OasisX and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for OasisX use of a Digital Artwork in accordance with these Terms.


      4. ​ OASISX’s Rights: Platform Content, Software and Trademarks.

      Users acknowledge and agree that the Platform may contain content or features (“Platform Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by OasisX, Users agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform or the Platform Content, in whole or in part. In connection with the use of the Platform, Users will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If a User is blocked by OasisX from accessing the Platform (including by

      blocking his IP address), he agrees not to implement any measures to circumvent such blocking (e.g., by masking his IP address or using a proxy IP address). Any use of the Platform or the Platform Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Platform or distributed in connection therewith are the property of OasisX, our affiliates and our partners (the “Software”). Users agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by OasisX. The OasisX name and logos are trademarks and service marks of OasisX (collectively the “OasisX Trademarks”). Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to OasisX. Nothing in this Terms or the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of OasisX Trademarks displayed on the Platform, without our prior written permission in each instance. All goodwill generated from the use of OasisX Trademarks will inure to our exclusive benefit.


    7. THIRD PARTY MATERIAL


      Under no circumstances will OasisX be liable in any way for any content or materials of any third parties (including Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. Users acknowledge that OasisX does not pre-screen content, but that OasisX and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Platform. Without limiting the foregoing, OasisX and its designees will have the right to remove any content that violates these Terms or is deemed by Platform, in its sole discretion, to be otherwise objectionable. Users agree that they must evaluate, and bear all risks associated with, the use of any content and the purchase of any Digital Artwork, including any reliance on the accuracy, completeness, or usefulness of such content.


      With respect to User’s content, Digital Artwork or other materials you upload through the Platform or shared with other users or recipients (collectively, “User Content”), the User represents and warrants that he owns all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, User hereby grants and will grant OasisX and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use the User Content in connection with the operation of the Platform or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.


      Any questions, comments, suggestions, ideas, feedback or other information about the Platform (“Submissions”), provided by any User to OasisX are non-confidential and OasisX will be entitled

      to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to such User.


      OasisX may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of OasisX, its users and the public.


    8. INTELLECTUAL PROPERTY INFRINGEMENT


      1. Copyright Infringement.

        OasisX respects the intellectual property of others, and we ask our users to do the same. If User believes that his work has been copied in a way that constitutes copyright infringement, or that his intellectual property rights have been otherwise violated, such User should notify OasisX of the infringement claim in accordance with the procedure set forth below. OasisX will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to OasisX’s support team: team@oasisx.com (Subject line: “Copyright Infringment”). To be effective, the notification must be in writing and contain the following information:

        • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

        • a description of the copyrighted work or other intellectual property that you claim has been infringed;

        • a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;

        • User’s address, telephone number, and email address;

        • a statement by User that he has a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

        • a statement by User, made under penalty of perjury, that the above information in his Notice is accurate and that he is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

      2. ​ Counter-Notice.

        If User believes his User Content that was removed (or to which access was disabled) is not infringing, or that he has the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in his User Content, such User may send a written counter-notice containing the following information to OasisX’s support team team@oasisx.com:


        • User’s physical or electronic signature;

        • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; and

        • a statement that User has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.


          If a counter-notice is received by us, OasisX will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.


      3. ​ Repeat Infringer Policy.

        OasisX has adopted a policy of terminating Users, in appropriate circumstances and at OasisX’s sole discretion, who are deemed to be repeat infringers. OasisX may also at its sole discretion limit access to the Platform and/or terminate the memberships of any User who infringes any intellectual property rights of others, whether or not there is any repeat infringement.


      4. ​ User’s Agreement to Cooperate with OasisX.

      Creators expressly agree to refund to the Collector and/or OasisX the entire portion of fees received from the sale of a Digital Artwork that was subsequently removed from the Site pursuant to an effective Copyright Infringment request to which the Creator failed to timely submit a counter notification. OasisX will not be held liable to any User for removing allegedly infringing works from the Platform.

      Creators, Collectors, and all Users expressly agree to cooperate and timely respond to OasisX’s investigations, requests, and inquiries related to allegations of infringement.


    9. FEES

      By initiating a Transaction, User agrees to pay any and all applicable fees related to the transaction including, but not limited to, account hosting fees, exchange fees, service fees, conversion fees, blockchain network fees or banking fees (altogether the “Fees”).


      Users agree and understand that all Fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the Smart Contracts on the blockchain networks.

      OasisX does not generally collect any fees, commissions, or royalties for transactions occurring outside of OasisX. User irrevocably releases, acquits, and forever discharges OasisX and its subsidiaries, affiliates, officers, and successors of any liability for royalties, fines, or fees not received from any off-market transaction.

      All Transactions on OasisX, including without limitation minting, tokenizing, bidding, listing, offering, purchasing, or confirming, are facilitated by Smart Contracts existing on the blockchain networks. The blockchain networks require the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the relevant network, and thus every transaction occurring on OasisX. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of OasisX. The User acknowledges that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on OasisX be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable.


    10. TAXES


      Users are responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with your use of OasisX (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, sale, or creation of any artworks).


    11. INDEMNIFICATION


      User agrees to indemnify and hold OasisX and its affiliates and officers, employees, shareholders, directors, attorneys, licensors and agents (collectively, “Indemnified Parties”) harmless from any from and against any claim, demand, action, law suit proceeding, investigation, liability, damage (actual and consequential) of any kind and nature, loss, fines, penalties, cost expense, including reasonable attorneys’ feesarising out of or relating to

      1. User’s breach of these Terms;

      2. User’s violation of any applicable law, or the rights, including intellectual property rights of any other person or entity;

      3. User’s use or misuse of the Platform;

      4. User’s conduct in connection with the use or misuse of OASISX’s services; and,

      5. User’s negligence, fraud, willful misconduct or misrepresentations. If the User is obligated to indemnify OASISX, OASISX will have the right, at its sole discretion, to control any action or proceeding and determine and whether to settle it, and if so, on what terms.


    12. LIMITATION OF LIABILITY


      User expressly understands and agrees that in no event will OasisX, its affiliates or service providers, licensors or their respective directors, shareholders officers, employees, agents or representatives be liable for:

      1. any amount greater than the value of the fees paid by User to OASISX during the 6 months period immediately preceding the date of any claim giving rise to such liability;

      2. any damages caused by or resulting from reliance by any User on any information obtained from OASISX, or that results from mistakes, omissions, interruptions, errors defects, viruses, or delays in services operation or transmission;

      3. any failure of performance whether or not resulting from a force majeure event, communication failure, theft, or destruction arising out of or in connection with authorized or unauthorized use of the services, or these Terms;

      4. any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, loss in value of any Digital Artwork, damages for loss of goodwill, use, data or other intangible losses (even if OasisX has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise.


    13. DISCLAIMER OF WARRANTIES


      Platform Transactions, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations utilize Smart Contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky and may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the blockchain (i.e., "Forks"), which can adversely affect the Smart Contracts and may expose the User to a risk of total loss, forfeiture of your digital currency or Digital Artwork, or lost opportunities to buy or sell Digital Artwork. User’s use of the Platform is at his sole risk. The platform is provided on an “as is” and “as available” basis. OasisX expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. OasisX makes no warranty that (i) the Platform will meet your requirements,

      (ii) the Platform will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Platform will be accurate or reliable, or (iv) the quality of any products, platforms, information, or other material purchased or obtained by you through the platform will meet your expectations.


    14. TERMINATION RIGHTS

      User agrees that OasisX, in its sole discretion, may suspend or terminate User’s account (or any part thereof) or use of the Platform and remove and discard any content within the Platform, for any reason, including, without limitation, for lack of use or if OasisX believes that User has violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of User’s use of Platform, may be referred to appropriate law enforcement authorities. OasisX may also in its sole discretion and at any time discontinue providing the Platform, or any part thereof, with or without notice. User agrees that any termination of his access to the Platform under any provision of this Terms may be effected without prior notice, and acknowledges and agrees that OasisX may immediately deactivate or delete User’s account and all related information and files in his account and/or bar any further access to such files or the Platform. Further, User agrees that OasisX will not be liable to him or any third party for any termination of his access to the Platform.

    15. MISCELLANEOUS

  1. ​ We do not get involved with User disputes.

    User agrees that his solely responsible for his interactions with any other Users in connection with the Platform and OasisX will have no liability or responsibility with respect thereto. OasisX reserves the right, but has no obligation, to become involved in any way with disputes between Users of the Platform.

  2. ​ Entire Agreement.

    These Terms, along with the Privacy & GDPR Policy constitute the entire agreement between User and OasisX and govern your use of the Platform, superseding any prior agreements between User and OasisX with respect to the Platform. User also may be subject to additional terms and conditions that may apply when he uses affiliate or third party services, third party content or third party software.

  3. ​ Applicable Laws.

    These Terms will be governed by the laws of the UAE without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, User and OasisX agree to submit to the personal and exclusive jurisdiction of the courts located within the UAE.

  4. ​ Waiver.

    The failure of OasisX to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

  5. ​ Severability.

    If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

  6. ​ Limitation Period.

    Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  7. ​ Assignment.

    Users may not assign these Terms without the prior written consent of OasisX, but OasisX may assign or transfer these Terms, in whole or in part, without restriction.

  8. ​ Notices.

Notices to Users may be made via either email or regular mail. The Platform may also provide notices to Users of changes to these Terms or other matters by displaying notices or links to notices generally on the Platform.