Website Terms of Use

Last updated: 2022. These terms govern use of this archived website.

NonFungible Corporation ("NonFungible", "we", "our", "us" or the "Company"), a private company incorporated pursuant to the federal laws of Canada bearing corporation number 1122278-3, operates a website at NonFungible.com (the "Website") via which NonFungible provides the following (all of the following hereinafter collectively and individually, the "Site Services"):

  1. aggregates and provides information on non-fungible tokens ("NFTs"), blockchain technology, cryptocurrency, and related digital asset information;
  2. provides educational content via our NFT Academy, including modules, sections, and lessons covering blockchain, NFTs, analytics, and the digital ecosystem;
  3. provides news articles, market analysis, commentary, and editorial content relating to the NFT market;
  4. provides downloadable market research reports covering NFT market activity from 2018 to 2022; and
  5. provides a glossary of NFT and cryptocurrency terminology.

The Website and Site Services, as well as any related social media pages and other relevant platforms operated or maintained by NonFungible shall hereinafter be referred to as the "Site". For the avoidance of doubt, the Site and Site Services pertain only to the provision of analytical data and educational content, and do not constitute an endorsement or solicitation to purchase any NFTs or other financial instruments.

Furthermore, we may incorporate in the Website advertisements and/or information of a commercial nature. The source of such information may originate from us or from third parties. We cannot guarantee its reliability or accuracy. The advertising or publishing of commercial content by us does not constitute a recommendation or encouragement to procure the goods or services advertised.

You may not access the Site and use the Site Services if doing so is illegal in the jurisdiction from which you are accessing the Site or the jurisdiction in which you are domiciled at the time of accessing the Site.

By accessing or using our Site (or any of our Site Services), you hereby accept these Website Terms of Use and our Privacy Policy, as well as any other terms of service that may be implemented from time to time in relation to our Site (collectively, the "Agreement").

NonFungible reserves the right at its sole discretion to amend any provision of the Agreement at any time without any prior notice to you. By continuing to use any aspect of our Site you will be deemed to have accepted all amendments. If you do not wish to be bound by the Agreement, please cease all access to and use of our Site immediately.

1.1 By accessing our Site and continuing to access our Site and/or Site Services, you represent that you are above 18 years of age, and legally capable of entering into and being bound by contracts, including but not limited to the Agreement.

1.2 In the event that you are accessing our Site and/or Site Services on behalf of any incorporation, partnership, association, organisation or any other entity type ("Entity"), your continued access of our Site and/or Site Services shall constitute your representation to us that you have been duly authorised by such Entity to use our Site and our Site Services and to bind your Entity to the Agreement. Accordingly, when the term "you" is used herein, it shall refer not only to you as an individual but also the Entity you are representing.

1.3 By accessing our Site, you undertake to only use the Site in a legal and considerate manner, not to misuse or abuse the Site or its other users, including but not limited to not causing any defamation, harassment, collecting data of other users for your own purposes, or introducing viruses, trojans or hacks.

2. Updates & Modifications

2.1 You agree that it is your responsibility to regularly check our Website Terms of Use and our Privacy Policy to keep yourself updated of any changes or modifications.

2.2 You agree that the terms of our Agreement may be amended, modified, varied or revised from time to time without any prior notice to you, and your continued use of our Site and/or Site Services following any such changes constitutes your agreement to be fully bound by our amended terms.

2.3 You agree that we are entitled to modify, vary, expand, suspend, interrupt, terminate, cancel or discontinue any services or products or accessibility to any feature or part of our Site and/or Site Services at any time in our sole discretion without any prior notice or liability to you.

2.4 Certain of our Site Services incorporate or require the use of third-party products and services. Therefore, your use of such third-party products and services will be subject to the respective third party's terms and conditions and privacy policies, which you agree is your responsibility to regularly review before you use such products and services.

3. Our Site Content

3.1 No information, write-ups, photographs, graphs, charts, articles, news updates, analysis, reports, data, media files, and other content on our Site (collectively, "Site Content"), or our newsletters, marketing materials, or other emails (collectively, "Updates") which you may have viewed, subscribed to or downloaded via our Site or Site Services, constitutes advice of any kind, including but not limited to financial advice, trading advice, investment advice, or legal advice. "Site Content" and "Updates" shall collectively be referred to as "Content".

3.2 The content on our Site is meant to provide information regarding our Company, NFT market data, blockchain technology education, news, and analysis. The aforesaid information constitutes general knowledge only and is not meant for reliance for any purpose of any kind whatsoever. You are strongly advised to procure your own checks and professional advice before you decide to make any trade, investments or financial decisions, as no Content constitutes any trading or investment advice or guarantees of any kind.

3.3 Our Site Content includes educational articles and modules (the NFT Academy), news articles, market research reports (covering the period 2018–2022), and a glossary of terminology. All such Content is provided for informational and educational purposes only. The market reports cover historical data up to 2022 and should not be relied upon as current market information.

3.4 Our Content may contain information on third party products and services. This does not imply any association with or endorsement by such third parties. You are encouraged to conduct your own checks on any third party products or services before using them.

3.5 Any monetary figures cited in our Content may have been converted from local currency to United States Dollars using internet currency conversion sites, and such values may therefore vary or be subject to change.

3.6 Where the Content contained on our Site is derived from non-English language sources, translations into English may have been done using language conversion tools. Our Company assumes no legal liability for any inaccuracies or misunderstandings due to translations.

3.7 We may make available limited promotional content via our Site. You agree that any such content is subject to availability and may be discontinued at any time without notice.

4. Intellectual Property

(A) Ownership

4.1 All Content and Site Services, including but not limited to write-ups, compilations, articles, translations, summaries, analysis, reports, graphs, charts, layout, photographs, drawings, and other data as displayed on our Site and Site Services are protected by copyright, design rights, trade mark rights and/or other intellectual property rights (whether owned by our Company or licensed to our Company, or permitted under the law for use by our Company), whether registered, registrable or otherwise. Without our Company's prior written consent, and except for the limited use as permitted under Section 4(B) below, you are not otherwise permitted to reproduce, copy, download, decompile, disassemble, extract, store, distribute, publish, sell, translate, modify or create derivative works from any part of our Content or services found on our Site.

4.2 All Content and Site Services are strictly protected by copyright laws. You are therefore not permitted to howsoever copy, reproduce, duplicate, download, derive, modify, translate, hack, distribute, lease, rent or howsoever deal with any part of our Content or Site Services except to view or use strictly pursuant to the purpose for which it was made available on your personal devices as may be permitted herein and/or by the other provisions of the Agreement.

4.3 All company names (including but not limited to our Company's name and the company names of any third parties featured on our Site), logos, trade marks, service marks, and brands, whether registered or otherwise (collectively the "Branding") represented on our Site belong to our Company or to third parties who have agreed to permit display of their Branding on our Site. You are not permitted to copy, replicate, modify, extract, download or howsoever use any such Branding for any purpose whatsoever without the prior written consent of our Company.

(B) Limited Use

4.4 Subject to the provisions of this Website Terms of Use and your compliance thereto, our Company hereby grants you a limited, personal, non-exclusive, non-sub-licensable and non-transferable licence to use our Site Content solely for your personal, non-commercial use only. Except for the aforegoing licence, you have no other rights to any of our Content, Site Services, or Branding.

4.5 "Personal Use" shall refer to your non-commercial review and republication (on a non-commercial site) of some or part of our Site Content as screenshots or screen captures without any modification thereto and with due attribution to NonFungible, and the linking of our Website.

4.6 You may republish some or part of our Site Content and/or place links to the Website on your own non-commercial website or blog, provided that: (i) any link shall be titled only as "Source: NonFungible.com"; (ii) any screen captures shall be duly attributed with the phrase "Screenshot from NonFungible.com"; and (iii) the platform shall not contain any content that is unlawful, threatening, abusive, libellous, defamatory or otherwise inappropriate. Our Company retains full rights to revoke this consent at any time in our sole discretion.

5. Third Party Sites and Browsing Experience

5.1 Please note that we do not control any links, services, content, products or resources provided by other third parties via or referenced or linked to our Site or in our Updates, even if such third party's website or services are expressly made available on our Site. Should you decide to use or access such third parties' products, services and/or websites, all use and access are at your sole risk and subject to the terms and conditions of such third parties.

5.2 Some of our third party links may be "affiliate links" pursuant to which our Company may receive compensation from the referenced third party. Such compensation to our Company may be provided even if you do not click on the affiliate links, and/or additional compensation may be provided if you do click on such links or take any further action in relation to them.

5.3 You agree that our Company may employ cookies, action tags, dynamic device identifiers, or other legal technological means to record your anonymised accessing of our Site for the purpose of providing better services and enhancing your browsing experience. Further details are as set out in our Privacy Policy.

6. Minors

6.1 Our Site, our Site Services, our Content and our Updates are not meant for persons who may be defined as minors under applicable law. If you are a minor, please discontinue the use of our Site and all Site Services immediately. It is the responsibility of parents and legal guardians to monitor whether a minor is using our Site or Site Services.

7. Disclaimers and Limitation of Liability

7.1 While we have exercised due care in the preparation of all Content displayed and/or made available on our Site and in our Updates, such content, data, information and materials are provided "AS IS", "WITH ALL FAULTS" and "AS AVAILABLE".

7.2 YOUR USE OF OUR SITE, OUR SITE SERVICES, AND OUR UPDATES, AS WELL AS YOUR VIEWING OR DOWNLOADING OF CONTENT, IS AT YOUR OWN DISCRETION AND RISK. THE COMPANY MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE QUALITY, ACCURACY, CONTINUED ACCESSIBILITY, NON-INTERRUPTEDNESS, SPEED, FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS OF MARKET DATA, RELIABILITY OF OUR SITE, OUR SITE SERVICES, OUR CONTENT OR OUR UPDATES, INCLUDING BUT NOT LIMITED TO THEIR SAFETY OR SECURITY, OR FREEDOM FROM COMPUTER VIRUSES AND THIRD PARTY HACKERS.

7.3 IN NO CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED AT LAW, SHALL OUR COMPANY NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR EMPLOYEES BE LIABLE FOR ANY DAMAGES, LOSS, LOST PROFITS, LOST BUSINESS, LOST OPPORTUNITIES, LOST DATA, SPECIAL DAMAGES, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, HOWSOEVER ARISING OR SUFFERED AS A RESULT OF ANY USE (OR INABILITY TO USE) OF OUR SITE OR OUR UPDATES OR CONTENT OR SITE SERVICES, OR OUR COMPANY'S BREACH OF ANY PROVISION HEREIN, EVEN IF OUR COMPANY HAS BEEN ADVISED OF SUCH USE OR RELIANCE IN ADVANCE.

7.4 For the avoidance of doubt, at all times our Company acts primarily as an information service provider and never as a sales representative, trading broker, intermediary, agent, financial advisor, exchange, brokerage, clearing house or trading platform of any kind. No information in our Content is to be regarded as an offer, solicitation, or invitation to treat by our Company. Nothing in our Content constitutes any advice or recommendation to trade in any digital coins, purchase any tokens, or make any financial decisions.

7.5 In the event that our Company's liability to you cannot be fully disclaimed, you agree that our Company's total liability to you shall not exceed CAD$50, which you agree is reasonable compensation taking into consideration the limited nature of our Company's services as an information provider. Upon receipt of CAD$50 from the Company, you will waive all rights against the Company and make no further claims.

8. Non-Interference

8.1 You undertake that you shall not howsoever mine data from, scrape, interfere or attempt to interfere with any part of our Site or Site Services, disrupt accessibility to our Site (or any part thereof), or bypass any security measures, including but not limited to the utilisation of any screen-scraper, hacks, spider, robot, virus, worms or other means to access or attack our Site for any purpose without our prior written consent.

9. Indemnification

9.1 You agree to fully indemnify, defend and hold our Company and its shareholders, directors, officers, employees, representatives, agents, subcontractors, and licensors harmless from and against any and all claims, damages, costs and expenses, including legal fees on a full indemnity basis, arising from or related to your breach of any of the provisions herein this Website Terms of Use or our Privacy Policy, or your use of our Site, our Site Services, our Content and/or Updates.

10. Governing Law and Jurisdiction

10.1 Our Website Terms of Use and accordingly your agreement thereto shall be governed by and construed in accordance with the federal laws of Nova Scotia, Canada, without reference to any conflict-of-law principles.

10.2 In the event of any disputes arising from this Website Terms of Use, your use of our Site, our Site Services and/or Content, you must first contact our Company's officer at privacy@nonfungible.com regarding your dispute, and use your best endeavours to amicably settle any dispute in good faith. However, if no amicable resolution is reached within 30 days, both parties agree to submit to the exclusive jurisdiction of the Courts of the province of Nova Scotia, Canada.

11. Miscellaneous

11.1 If any provision or clause of our Website Terms of Use is rendered void, illegal or unenforceable by any legislation or laws to which it is subject, it shall be modified so as to give effect to its intention, or where such modification is not possible, that provision shall be rendered void or unenforceable to that extent only without affecting the enforceability of the remainder.

11.2 The failure or delay of our Company at any time to enforce any of its rights hereunder our Website Terms of Use shall not constitute a waiver thereof.

11.3 You agree that you shall not hold our Company for any delay or failure in performance due to events beyond our Company's reasonable control, including but not limited to natural catastrophes, civil riots, acts of war, shortage of utilities, and any applicable laws and regulations.

11.4 A person who is not a party to this Agreement shall have no right to enforce any of its terms.