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ENDSTATE
Authenticated Resale Terms & Conditions of Use
Effective Date: October 1, 2024
These are the terms and conditions of use for Endstate’s Authenticated Resale platform ("Service"). Endstate Authenticated Resale is operated by ghostwarp, co. with its principal place of business at 1996 Centre St, Boston, MA 02132 ("Endstate for Marketplaces," "we," "us," or "our"). Our platform allows marketplaces to facilitate peer-to-peer exchange of goods authenticated via NFC chips.
These Terms and Conditions of Use ("Terms") govern your access to and use of our services, including but not limited to websites, mobile applications, data, software, and tools (collectively "Services"). Within these Terms, "you" and "your" refer to (a) Clients (b) individuals using or accessing the Services, (c) any electronic agent using the Services on behalf of an individual or business entity, and (d) any organization that an individual or electronic agent represents while using the Services.
"Clients" refers to any authorized business entities, organizations, or individuals that register to use the Endstate for Marketplaces platform to facilitate resale of products or services and are accountable for ensuring compliance with applicable laws and regulations. Clients are responsible for overseeing transactions, managing customer interactions, and establishing their own terms and conditions as required by these Terms.
Clients are required to establish and enforce their own terms of service for customers, and shall not in any case be inconsistent with these Endstate Authenticated Resale Terms and Conditions of Use.
Client shall ensure that its customers comply with all applicable U.S. and non-U.S. laws and regulations.
Your use of the Services is contingent upon your acceptance of these Terms, including our Privacy Policy, incorporated into this Agreement, which you can review at https://www.endstate.io/privacy. Using them implies your consent to abide by them. These Terms constitute a legally binding agreement between you and us.
By utilizing our Services, or by indicating your acceptance of these Terms, you acknowledge and agree to be fully bound by these Terms. If you do not consent to these Terms, please refrain from using any part of our Services. For all legal purposes, the English version of these Terms serves as the original and binding document and reflects the mutual understanding between us and you. In the event we elect to translate the terms into other languages of any contradiction between the English version of the Terms and any translations into other languages, the English version will take precedence and control.
These Terms encompass provisions governing the resolution of disputes between you and us (see Section 9.3, Disputes with Endstate for Marketplaces below). These provisions include an obligation to resolve certain claims through binding arbitration, unless you choose to opt out of arbitration during your registration with us. If you do not opt out, you will only be allowed to assert claims against us and seek remedies on an individual basis, not as a member of a class or representative in any class action or proceeding. Additionally, you will only be allowed to seek remedies, including monetary relief, injunctive relief, and declaratory relief, on an individual basis. Further, Country-Specific Terms may contain additional exclusions related to arbitration that may apply to your specific location.
These are the terms and conditions of use for Endstate’s Authenticated Resale platform ("Service"). Endstate Authenticated Resale is operated by ghostwarp, co. with its principal place of business at 1996 Centre St, Boston, MA 02132 ("Endstate for Marketplaces," "we," "us," or "our"). Our platform allows marketplaces to facilitate peer-to-peer exchange of goods authenticated via NFC chips.
These Terms and Conditions of Use ("Terms") govern your access to and use of our services, including but not limited to websites, mobile applications, data, software, and tools (collectively "Services"). Within these Terms, "you" and "your" refer to (a) Clients (b) individuals using or accessing the Services, (c) any electronic agent using the Services on behalf of an individual or business entity, and (d) any organization that an individual or electronic agent represents while using the Services.
"Clients" refers to any authorized business entities, organizations, or individuals that register to use the Endstate for Marketplaces platform to facilitate resale of products or services and are accountable for ensuring compliance with applicable laws and regulations. Clients are responsible for overseeing transactions, managing customer interactions, and establishing their own terms and conditions as required by these Terms.
Clients are required to establish and enforce their own terms of service for customers, and shall not in any case be inconsistent with these Endstate Authenticated Resale Terms and Conditions of Use.
Client shall ensure that its customers comply with all applicable U.S. and non-U.S. laws and regulations.
Your use of the Services is contingent upon your acceptance of these Terms, including our Privacy Policy, incorporated into this Agreement, which you can review at https://www.endstate.io/privacy. Using them implies your consent to abide by them. These Terms constitute a legally binding agreement between you and us.
By utilizing our Services, or by indicating your acceptance of these Terms, you acknowledge and agree to be fully bound by these Terms. If you do not consent to these Terms, please refrain from using any part of our Services. For all legal purposes, the English version of these Terms serves as the original and binding document and reflects the mutual understanding between us and you. In the event we elect to translate the terms into other languages of any contradiction between the English version of the Terms and any translations into other languages, the English version will take precedence and control.
These Terms encompass provisions governing the resolution of disputes between you and us (see Section 9.3, Disputes with Endstate for Marketplaces below). These provisions include an obligation to resolve certain claims through binding arbitration, unless you choose to opt out of arbitration during your registration with us. If you do not opt out, you will only be allowed to assert claims against us and seek remedies on an individual basis, not as a member of a class or representative in any class action or proceeding. Additionally, you will only be allowed to seek remedies, including monetary relief, injunctive relief, and declaratory relief, on an individual basis. Further, Country-Specific Terms may contain additional exclusions related to arbitration that may apply to your specific location.
1. Acceptance of Terms
1.1. Eligibility
By accessing or using the Services, Clients confirm that they are authorized business entities and that the individual accepting these terms has the legal authority to bind the entity to these Terms.
1.2 Updates and Service Modifications
These Terms may be updated periodically. Continued use of Endstate for Marketplaces after any changes constitutes your acceptance of revised Terms. Endstate reserves the right to modify or update Services at any time, including adding or removing functionality. Significant changes will be communicated to Clients, and continued use after such updates signifies acceptance of changes.
1.1. Eligibility
By accessing or using the Services, Clients confirm that they are authorized business entities and that the individual accepting these terms has the legal authority to bind the entity to these Terms.
1.2 Updates and Service Modifications
These Terms may be updated periodically. Continued use of Endstate for Marketplaces after any changes constitutes your acceptance of revised Terms. Endstate reserves the right to modify or update Services at any time, including adding or removing functionality. Significant changes will be communicated to Clients, and continued use after such updates signifies acceptance of changes.
2. Accounts and Use of Services
2.1. Definitions
For the purposes of these Terms, the following definitions apply:
User: The individual or entity creating an account on the Endstate platform for access to and use of the Services. "User" refers solely to those entities or individuals responsible for account creation, management, and compliance with these Terms.
Client: Any authorized business entity or organization registered to use the Endstate platform to facilitate resale transactions. Clients are responsible for setting up and enforcing terms of service with their Customers in alignment with these Terms.
Customer: Any individual or entity interacting with the Client’s marketplace to sell, purchase, or engage with products authenticated through the Endstate platform.
2.2 Account Creation, Non-Transferability, and Responsibility
Clients must create business accounts to access specific features of the Services. The User creating the account must have the legal authority to bind the Client to these Terms. The User is responsible for maintaining the confidentiality of all account credentials and for any activities that occur under the account by the Client or authorized users. Unauthorized transfers or assignments of the account are void without Endstate’s prior written consent.
2.3. User Information and Audit Rights
During the registration process, the User (the individual or entity creating the account on behalf of the Client) must provide accurate, current, and complete business-related information ("User Information"). This User Information includes details such as the Client’s company name, addresses, contact information, and any other relevant data pertaining to the Client or its authorized representatives. The User is responsible for ensuring that this information remains accurate and up-to-date on behalf of the Client and must promptly update any changes to maintain compliance with these Terms.
Once each calendar year, upon at least five (5) business days’ prior written notice, Client shall permit Endstate and/or its authorized representatives, during regular business hours, to inspect, audit, copy, and analyze Client’s books, accounts, and records pertaining to the primary sale of authenticated items facilitated by Endstate. Endstate shall bear the cost of such audit unless the audit reveals that Client has underreported or underpaid amounts due to Endstate by more than five percent (5%) for the relevant reporting period. In such an instance, Client shall promptly reimburse Endstate for all reasonable expenses incurred in connection with the audit, including reasonable fees of attorneys and accountants.
2.4. Use of Services License
Endstate grants a non-exclusive, non-transferable, non-sublicensable license to access and use Endstate Technology solely for business purposes as necessary for the Client’s utilization of Services. Access and use must comply with this Agreement and any related Documentation.
2.5. Subcontracting
Endstate may subcontract any of its obligations under this Agreement to qualified third parties. Notwithstanding such subcontracting, Endstate shall remain responsible for the performance of its subcontractors in accordance with the terms and conditions of this Agreement.
2.1. Definitions
For the purposes of these Terms, the following definitions apply:
User: The individual or entity creating an account on the Endstate platform for access to and use of the Services. "User" refers solely to those entities or individuals responsible for account creation, management, and compliance with these Terms.
Client: Any authorized business entity or organization registered to use the Endstate platform to facilitate resale transactions. Clients are responsible for setting up and enforcing terms of service with their Customers in alignment with these Terms.
Customer: Any individual or entity interacting with the Client’s marketplace to sell, purchase, or engage with products authenticated through the Endstate platform.
2.2 Account Creation, Non-Transferability, and Responsibility
Clients must create business accounts to access specific features of the Services. The User creating the account must have the legal authority to bind the Client to these Terms. The User is responsible for maintaining the confidentiality of all account credentials and for any activities that occur under the account by the Client or authorized users. Unauthorized transfers or assignments of the account are void without Endstate’s prior written consent.
2.3. User Information and Audit Rights
During the registration process, the User (the individual or entity creating the account on behalf of the Client) must provide accurate, current, and complete business-related information ("User Information"). This User Information includes details such as the Client’s company name, addresses, contact information, and any other relevant data pertaining to the Client or its authorized representatives. The User is responsible for ensuring that this information remains accurate and up-to-date on behalf of the Client and must promptly update any changes to maintain compliance with these Terms.
Once each calendar year, upon at least five (5) business days’ prior written notice, Client shall permit Endstate and/or its authorized representatives, during regular business hours, to inspect, audit, copy, and analyze Client’s books, accounts, and records pertaining to the primary sale of authenticated items facilitated by Endstate. Endstate shall bear the cost of such audit unless the audit reveals that Client has underreported or underpaid amounts due to Endstate by more than five percent (5%) for the relevant reporting period. In such an instance, Client shall promptly reimburse Endstate for all reasonable expenses incurred in connection with the audit, including reasonable fees of attorneys and accountants.
2.4. Use of Services License
Endstate grants a non-exclusive, non-transferable, non-sublicensable license to access and use Endstate Technology solely for business purposes as necessary for the Client’s utilization of Services. Access and use must comply with this Agreement and any related Documentation.
2.5. Subcontracting
Endstate may subcontract any of its obligations under this Agreement to qualified third parties. Notwithstanding such subcontracting, Endstate shall remain responsible for the performance of its subcontractors in accordance with the terms and conditions of this Agreement.
3. Client Responsibilities for Listings and Purchases
3.1. Listing Products
Endstate for Marketplaces allows users to list and purchase items containing NFC chips which are compatible with Endstate Services. Client will ensure that when listing an item for sale, sellers agree to provide unaltered, accurate and complete information about the item, including its condition and price.
3.2. Authentication Services
Endstate for Marketplaces provides authentication services by verifying that the digital signature received from the physical product corresponds to the signature controlled by the entity that originally created the product or a subcontractor authorized to implement the scanning technology containing the signature. However, Endstate assumes no responsibility for the quality, safety, legality, or condition of the items listed, the accuracy of any product descriptions or listings, or the ability of sellers to complete transactions.
3.3. Compliance with Laws
Clients are responsible for ensuring that their marketplaces comply with all applicable laws, including those related to consumer protection, product authenticity, and intellectual property.
3.1. Listing Products
Endstate for Marketplaces allows users to list and purchase items containing NFC chips which are compatible with Endstate Services. Client will ensure that when listing an item for sale, sellers agree to provide unaltered, accurate and complete information about the item, including its condition and price.
3.2. Authentication Services
Endstate for Marketplaces provides authentication services by verifying that the digital signature received from the physical product corresponds to the signature controlled by the entity that originally created the product or a subcontractor authorized to implement the scanning technology containing the signature. However, Endstate assumes no responsibility for the quality, safety, legality, or condition of the items listed, the accuracy of any product descriptions or listings, or the ability of sellers to complete transactions.
3.3. Compliance with Laws
Clients are responsible for ensuring that their marketplaces comply with all applicable laws, including those related to consumer protection, product authenticity, and intellectual property.
4. Royalties, Fees, and Financial Responsibilities
4.1 Fees: For each sale of an item that is facilitated by the Services, a Fee payment shall be due to Endstate. The amount of said Fee payment shall be agreed upon in writing by Endstate and Client. The net proceeds of any sale are held in custody until the order has been fulfilled (as defined by Client in its terms of service, but no earlier than the delivery of the product to the buyer). In some instances, there may be two categories of Fees, the Marketplace (Endstate) Fee and the Collection Royalty (i.e. royalty paid to the original creator of the goods). Both are kept in custody of the Marketplace Contract until such a time as the Marketplace Facilitator sees fit to release the funds.
4.2 Royalties and Reporting: In instances where the Services are accessed via API call, or any other means by which Endstate would not have direct access or visibility into the number of transactions, their amounts, or lacking any other data that would prevent Endstate from having an accurate accounting of royalties due to Endstate, Client shall conduct a calculation of revenue recognized from primary sales within thirty days after the end of each calendar quarter and pay the fee amount earned in a specific calendar quarter within ten (10) days after the calculation of revenue recognized. Client will also provide a corresponding report detailing the calculation of revenue and fees.
4.3 Information Retrieved by Endstate
You authorize Endstate to retrieve information about you and your business from third-party service providers, credit agencies, and financial institutions. This information may include your name, addresses, credit history, banking relationships, and financial history.
4.4. User Bank Debit Authorization
Clients agree to allow Endstate to debit associated accounts for due Fees or expenses related to Services. This authorization remains effective until all dues are fully paid or the Endstate account is closed.
4.1 Fees: For each sale of an item that is facilitated by the Services, a Fee payment shall be due to Endstate. The amount of said Fee payment shall be agreed upon in writing by Endstate and Client. The net proceeds of any sale are held in custody until the order has been fulfilled (as defined by Client in its terms of service, but no earlier than the delivery of the product to the buyer). In some instances, there may be two categories of Fees, the Marketplace (Endstate) Fee and the Collection Royalty (i.e. royalty paid to the original creator of the goods). Both are kept in custody of the Marketplace Contract until such a time as the Marketplace Facilitator sees fit to release the funds.
4.2 Royalties and Reporting: In instances where the Services are accessed via API call, or any other means by which Endstate would not have direct access or visibility into the number of transactions, their amounts, or lacking any other data that would prevent Endstate from having an accurate accounting of royalties due to Endstate, Client shall conduct a calculation of revenue recognized from primary sales within thirty days after the end of each calendar quarter and pay the fee amount earned in a specific calendar quarter within ten (10) days after the calculation of revenue recognized. Client will also provide a corresponding report detailing the calculation of revenue and fees.
4.3 Information Retrieved by Endstate
You authorize Endstate to retrieve information about you and your business from third-party service providers, credit agencies, and financial institutions. This information may include your name, addresses, credit history, banking relationships, and financial history.
4.4. User Bank Debit Authorization
Clients agree to allow Endstate to debit associated accounts for due Fees or expenses related to Services. This authorization remains effective until all dues are fully paid or the Endstate account is closed.
5. Authentication and Seller Payouts
5.1 Authentication Services
Endstate uses information on NFC chips to authenticate products. NFC chips make calls to websites, Endstate cannot control/makes no promises about the uptime or availability of those websites. Endstate also cannot control the proper functioning of the NFC chip. The company that manufactured the product and/or the chip, and/or the company that programmed the chip, and/or the company hosting the content that the chip links to may decide to change the availability of authentication data, the method by which it is accessed, or drop support for this technology altogether.
5.2 Seller Payouts
Endstate facilitates seller payouts via third-party payment processors, such as Stripe Connect. Upon successful authentication of a product, funds will be released to the seller in accordance with the Client's payout schedule and terms.Payouts will be processed once the product is authenticated and the transaction is marked as complete by the marketplace facilitator. The Client’s terms and policies govern payout timing, but payouts will not be processed prior to successful delivery of the product to the buyer.Endstate is not responsible for any delays or failures in payout processing caused by third-party services. The Client acknowledges that Endstate has no control over the availability or reliability of third-party payment processors and disclaims liability for any disruptions or delays.
5.1 Authentication Services
Endstate uses information on NFC chips to authenticate products. NFC chips make calls to websites, Endstate cannot control/makes no promises about the uptime or availability of those websites. Endstate also cannot control the proper functioning of the NFC chip. The company that manufactured the product and/or the chip, and/or the company that programmed the chip, and/or the company hosting the content that the chip links to may decide to change the availability of authentication data, the method by which it is accessed, or drop support for this technology altogether.
5.2 Seller Payouts
Endstate facilitates seller payouts via third-party payment processors, such as Stripe Connect. Upon successful authentication of a product, funds will be released to the seller in accordance with the Client's payout schedule and terms.Payouts will be processed once the product is authenticated and the transaction is marked as complete by the marketplace facilitator. The Client’s terms and policies govern payout timing, but payouts will not be processed prior to successful delivery of the product to the buyer.Endstate is not responsible for any delays or failures in payout processing caused by third-party services. The Client acknowledges that Endstate has no control over the availability or reliability of third-party payment processors and disclaims liability for any disruptions or delays.
6. Fraud Prevention
6.1 Fraud Prevention Overview
Endstate employs several measures to prevent fraudulent activity on the marketplace. These measures are designed to ensure the integrity of transactions and provide security for both buyers and sellers.
6.2 Fraud Prevention Measures
The following measures are implemented by Endstate to safeguard against fraud:
6.2.1 Cryptographic Wallet Verification
a. All sellers must authenticate their identity and their control over the relevant assets by logging into the marketplace using a cryptographic wallet.
b. The seller must sign a message using their wallet, cryptographically proving they have control of the private key associated with the wallet address used for the listing.
c. This measure ensures that fraudulent listings cannot be created by users who do not have control over the NFT or digital asset.
6.2.2 NFC Product Authentication
To prevent sellers from listing products they do not possess, Endstate utilizes Near Field Communication (NFC) chip technology to verify product authenticity.
a. Sellers must scan the NFC chip embedded in the product, and Endstate’s platform independently verifies the recency and authenticity of the scan.
b. This authentication process checks the product’s NFT ID and Collection Address to ensure alignment between the digital and physical asset.
c. This verification proves that the seller currently has physical possession of the product at the time of listing and that the product matches the associated NFT.
6.2.3 Technical Limitations
You must not, and must not enable or allow any third party to:
• Work around any of the technical limitations of the Services or enable functionality that is disabled or prohibited, or access or attempt to access non-public Endstate systems, programs, data, or services;
• Exceed any Services usage limitations stated in the Documentation;
• Perform or attempt to perform any action that interferes with the normal operation of the Services or affects other Endstate users’ use of Endstate services.
6.3 Inspection and Condition Verification
a. Before any funds are released to the seller, the Marketplace Facilitator will conduct an inspection of the physical product to ensure it matches the condition described by the seller in their listing.
b. This verification process ensures that the buyer receives the product as described, and mitigates the risk of sellers fraudulently misrepresenting the condition of items.
6.4 Fraud in the Transaction Process
Endstate has implemented additional protections to prevent fraud in the transaction process:
6.4.1 Escrow Protection
a. Both the buyer’s cryptocurrency and the seller’s NFT are held in escrow during the transaction.
b. Neither party can access these assets until the product has been authenticated and verified by the Marketplace Facilitator, preventing either party from withdrawing funds or assets prematurely.
6.4.2 Seller Accountability
a. If a seller attempts to list an NFT without having custody of the associated physical product, the system’s NFC verification technology will detect the discrepancy and prevent the creation of a fraudulent listing.
b. Sellers who fail to deliver products as described or attempt to defraud buyers will be subject to penalties, including but not limited to:
i. Forfeiture of funds held in escrow.
ii. Removal of listings from the platform.
iii. Suspension or permanent termination of account privileges.
iv. Legal action for recovery of damages or other remedies as deemed necessary by Endstate.
6.5 Finality of Sales
Once a sale has been completed and authenticated by the Marketplace Facilitator, the sale is deemed final. No refunds or returns will be allowed after the authentication and delivery process has been completed. The buyer and seller agree that:
6.5.1 Binding Authentication
The authentication and verification process conducted by Endstate is considered final and binding.
Any disputes arising after authentication shall not affect the finality of the sale, and no further claims will be entertained.
6.5.2 No Refunds or Returns
Once the product has been authenticated and the NFT transferred, all transactions are complete.
No refunds, returns, or claims for compensation will be accepted after the transaction is concluded, except in cases of clear fraud identified by Endstate at its sole discretion.
6.1 Fraud Prevention Overview
Endstate employs several measures to prevent fraudulent activity on the marketplace. These measures are designed to ensure the integrity of transactions and provide security for both buyers and sellers.
6.2 Fraud Prevention Measures
The following measures are implemented by Endstate to safeguard against fraud:
6.2.1 Cryptographic Wallet Verification
a. All sellers must authenticate their identity and their control over the relevant assets by logging into the marketplace using a cryptographic wallet.
b. The seller must sign a message using their wallet, cryptographically proving they have control of the private key associated with the wallet address used for the listing.
c. This measure ensures that fraudulent listings cannot be created by users who do not have control over the NFT or digital asset.
6.2.2 NFC Product Authentication
To prevent sellers from listing products they do not possess, Endstate utilizes Near Field Communication (NFC) chip technology to verify product authenticity.
a. Sellers must scan the NFC chip embedded in the product, and Endstate’s platform independently verifies the recency and authenticity of the scan.
b. This authentication process checks the product’s NFT ID and Collection Address to ensure alignment between the digital and physical asset.
c. This verification proves that the seller currently has physical possession of the product at the time of listing and that the product matches the associated NFT.
6.2.3 Technical Limitations
You must not, and must not enable or allow any third party to:
• Work around any of the technical limitations of the Services or enable functionality that is disabled or prohibited, or access or attempt to access non-public Endstate systems, programs, data, or services;
• Exceed any Services usage limitations stated in the Documentation;
• Perform or attempt to perform any action that interferes with the normal operation of the Services or affects other Endstate users’ use of Endstate services.
6.3 Inspection and Condition Verification
a. Before any funds are released to the seller, the Marketplace Facilitator will conduct an inspection of the physical product to ensure it matches the condition described by the seller in their listing.
b. This verification process ensures that the buyer receives the product as described, and mitigates the risk of sellers fraudulently misrepresenting the condition of items.
6.4 Fraud in the Transaction Process
Endstate has implemented additional protections to prevent fraud in the transaction process:
6.4.1 Escrow Protection
a. Both the buyer’s cryptocurrency and the seller’s NFT are held in escrow during the transaction.
b. Neither party can access these assets until the product has been authenticated and verified by the Marketplace Facilitator, preventing either party from withdrawing funds or assets prematurely.
6.4.2 Seller Accountability
a. If a seller attempts to list an NFT without having custody of the associated physical product, the system’s NFC verification technology will detect the discrepancy and prevent the creation of a fraudulent listing.
b. Sellers who fail to deliver products as described or attempt to defraud buyers will be subject to penalties, including but not limited to:
i. Forfeiture of funds held in escrow.
ii. Removal of listings from the platform.
iii. Suspension or permanent termination of account privileges.
iv. Legal action for recovery of damages or other remedies as deemed necessary by Endstate.
6.5 Finality of Sales
Once a sale has been completed and authenticated by the Marketplace Facilitator, the sale is deemed final. No refunds or returns will be allowed after the authentication and delivery process has been completed. The buyer and seller agree that:
6.5.1 Binding Authentication
The authentication and verification process conducted by Endstate is considered final and binding.
Any disputes arising after authentication shall not affect the finality of the sale, and no further claims will be entertained.
6.5.2 No Refunds or Returns
Once the product has been authenticated and the NFT transferred, all transactions are complete.
No refunds, returns, or claims for compensation will be accepted after the transaction is concluded, except in cases of clear fraud identified by Endstate at its sole discretion.
7. Intellectual Property
7.1. All intellectual property rights, including but not limited to patents, copyrights, trademarks, service marks, trade secrets, and other proprietary rights (collectively, "Intellectual Property") related to Endstate for Marketplaces are the sole property of Endstate and its licensors. Nothing in these Terms shall be construed to confer any right of ownership or license rights in the Intellectual Property to you.
7.2. You shall not, now or in the future, contest the validity of Endstate's Intellectual Property or engage in any activity that infringes upon or misappropriates Endstate's Intellectual Property rights.
7.3. The content provided on Endstate for Marketplaces, including but not limited to text, graphics, logos, buttons, icons, images, audio clips, and computer programs, is the property of Endstate or its licensors or suppliers and is protected by applicable U.S. and international intellectual property laws, including copyright and trademark laws.
7.4. The compilation, meaning the collection, arrangement, and assembly of all content associated with Endstate for Marketplaces, is the exclusive property of Endstate and is protected by applicable U.S. and international intellectual property laws, including copyright law.
7.5. Without limiting the foregoing, you shall not engage in any of the following activities:
(i) Reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through Endstate for Marketplaces.
(ii) Copying, modifying, creating derivative works from, reverse engineering, reverse assembling, or otherwise attempting to discover any source code of Endstate for Marketplaces.
(iii) Attempting to sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to Endstate for Marketplaces or any content available via Endstate for Marketplaces.
(iv) Using any data, information, content, or material from Endstate for Marketplaces in any artificial intelligence or machine learning systems, models, or algorithms without Endstate’s express prior written consent.
7.6. Subject to your compliance with these Terms, Endstate grants you a non-exclusive, non-transferable, revocable, and limited license to use Endstate for Marketplaces and its Services . This license does not include the right to reproduce, modify, create derivative works from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of Endstate for Marketplaces. All rights not expressly granted to you in these Terms are reserved and retained by Endstate.
7.7. Endstate reserves the right to take appropriate legal action, including but not limited to seeking injunctive relief, damages, or other remedies, to protect its Intellectual Property rights and enforce these Terms.
8. Data Security and Privacy
8.1. Privacy Policies
Both parties agree to provide a Privacy Policy that complies with applicable laws. Endstate’s Privacy Policy explains how it collects, uses, retains, discloses, and safeguards Personal Data.
8.2. Disclosures
When providing Personal Data to Endstate, you are responsible for obtaining all necessary consents from individuals (including your customers) to allow Endstate to collect, use, retain, and disclose their Personal Data in accordance with the Privacy Policy.
8.3. Personal Data
You are responsible for complying with all applicable laws governing the use, storage, and disclosure of Personal Data that you collect, use, or process in connection with the Services.
8.4. Data Retention
Endstate is not obligated to retain data after the termination of the Agreement, except as required by law or necessary to perform post-termination obligations under the Agreement.
8.5. Data Security
Each party agrees to implement commercially reasonable administrative, technical, and physical safeguards to protect data from unauthorized access, accidental loss, or unauthorized modification. You are responsible for ensuring that appropriate administrative, technical, and physical controls are implemented for your business operations.
8.6. Data Breach
You must immediately notify Endstate if you become aware of any unauthorized acquisition, modification, disclosure, access to, or loss of Personal Data on your systems. In the event of a data breach, you agree to assist Endstate in any necessary mitigation actions
9. Termination
9.1. Endstate reserves the right to terminate or suspend your access to Endstate for Marketplaces and its Services, in whole or in part, at its sole discretion, without notice, for any reason, including but not limited to your breach of these Terms or any unauthorized use of Endstate for Marketplaces.
9.2. Upon termination, your account and any associated data may be deleted, and you shall cease any use of Endstate for Marketplaces and its Services.
10. Disclaimer and Limitations on Liability
The following disclaimer and limitations will apply notwithstanding the failure of the essential purpose of any limited remedy.
10.1. Disclaimer
ENDSTATE PROVIDES THE ENDSTATE FOR MARKETPLACES SERVICE "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY STATED AS A "WARRANTY" IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENDSTATE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND GUARANTEES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ENDSTATE DOES NOT WARRANT THAT THE SERVICES, OR ANY CONTENT, WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF DEFECTS, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.ENDSTATE MAY MODIFY THE ENDSTATE FOR MARKETPLACES SERVICE AT ANY TIME, INCLUDING ADDING OR REMOVING FUNCTIONALITY OR IMPOSING CONDITIONS ON THE USE OF THE SERVICE. ENDSTATE WILL NOTIFY YOU OF MATERIAL ADVERSE CHANGES OR THE REMOVAL OF FUNCTIONALITY THAT YOU ARE USING.IN NO EVENT WILL ENDSTATE BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR USE, ALTERATION, OR LOSS OF, ANY OF YOUR DATA OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY PROTECTED DATA OR ENDSTATE DATA, ARISING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE, YOUR ENDSTATE ACCOUNT, OR YOUR FAILURE TO IMPLEMENT APPROPRIATE SECURITY MEASURES.
10.2 Limitations on Liability
(A) INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENDSTATE PARTIES WILL NOT BE LIABLE TO YOU OR YOUR AFFILIATES IN RELATION TO THIS AGREEMENT OR THE ENDSTATE FOR MARKETPLACES SERVICE, WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOST PROFITS, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, BUSINESS INTERRUPTION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, OR PUNITIVE DAMAGES, EVEN IF THESE LOSSES, DAMAGES, OR COSTS ARE FORESEEABLE, AND WHETHER OR NOT YOU OR THE ENDSTATE PARTIES HAVE BEEN ADVISED OF THEIR POSSIBILITY.
(B) GENERAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENDSTATE PARTIES WILL NOT BE LIABLE TO YOU OR YOUR AFFILIATES FOR LOSSES, DAMAGES, OR COSTS ARISING FROM OR RELATED TO THE ENDSTATE FOR MARKETPLACES SERVICE IN AN AMOUNT EXCEEDING, IN THE AGGREGATE, THE GREATER OF (I) THE TOTAL AMOUNT OF FEES YOU PAID TO ENDSTATE DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (II) $500 USD.
11. General Provisions
11.1. Entire Agreement: These Terms constitute the entire agreement between you and Endstate regarding your use of Endstate for Marketplaces and supersede all prior and contemporaneous agreements, representations, and understandings.
11.2. Governing Law: These Terms shall be governed by and construed in accordance with the laws of Massachusetts without regard to its conflict of law principles.
11.3. Dispute Resolution: Any disputes arising under or in connection with these Terms shall be subject to exclusive jurisdiction of the courts located within Massachusetts.
11.4. Severability: If any provision of these Terms is found to be invalid or unenforceable, such provision shall be modified to the extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
11.5 Force Majeure: Endstate and its Affiliates will not be liable for any losses, damages, or costs you suffer, or delays in a Endstate Entity's performance or non-performance, to the extent caused by a Force Majeure Event.
11.6. Assignment: You may not assign or transfer any obligation or benefit under this Agreement without Endstate’s consent. Any attempt to assign or transfer in violation of the previous sentence will be void in each instance. Endstate may, without your consent, freely assign and transfer this Agreement, including any of its rights or obligations under this Agreement. This Agreement will be binding on, inure to the benefit of, and be enforceable by the parties and their permitted assigns.
11.7. Contact Information: If you have any questions or concerns regarding these Terms, please contact us at info@endstate.io or 1996 Centre St, STE 3F, Boston, MA 02132.
By using Endstate for Marketplaces, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.
7.1. All intellectual property rights, including but not limited to patents, copyrights, trademarks, service marks, trade secrets, and other proprietary rights (collectively, "Intellectual Property") related to Endstate for Marketplaces are the sole property of Endstate and its licensors. Nothing in these Terms shall be construed to confer any right of ownership or license rights in the Intellectual Property to you.
7.2. You shall not, now or in the future, contest the validity of Endstate's Intellectual Property or engage in any activity that infringes upon or misappropriates Endstate's Intellectual Property rights.
7.3. The content provided on Endstate for Marketplaces, including but not limited to text, graphics, logos, buttons, icons, images, audio clips, and computer programs, is the property of Endstate or its licensors or suppliers and is protected by applicable U.S. and international intellectual property laws, including copyright and trademark laws.
7.4. The compilation, meaning the collection, arrangement, and assembly of all content associated with Endstate for Marketplaces, is the exclusive property of Endstate and is protected by applicable U.S. and international intellectual property laws, including copyright law.
7.5. Without limiting the foregoing, you shall not engage in any of the following activities:
(i) Reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through Endstate for Marketplaces.
(ii) Copying, modifying, creating derivative works from, reverse engineering, reverse assembling, or otherwise attempting to discover any source code of Endstate for Marketplaces.
(iii) Attempting to sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to Endstate for Marketplaces or any content available via Endstate for Marketplaces.
(iv) Using any data, information, content, or material from Endstate for Marketplaces in any artificial intelligence or machine learning systems, models, or algorithms without Endstate’s express prior written consent.
7.6. Subject to your compliance with these Terms, Endstate grants you a non-exclusive, non-transferable, revocable, and limited license to use Endstate for Marketplaces and its Services . This license does not include the right to reproduce, modify, create derivative works from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of Endstate for Marketplaces. All rights not expressly granted to you in these Terms are reserved and retained by Endstate.
7.7. Endstate reserves the right to take appropriate legal action, including but not limited to seeking injunctive relief, damages, or other remedies, to protect its Intellectual Property rights and enforce these Terms.
8. Data Security and Privacy
8.1. Privacy Policies
Both parties agree to provide a Privacy Policy that complies with applicable laws. Endstate’s Privacy Policy explains how it collects, uses, retains, discloses, and safeguards Personal Data.
8.2. Disclosures
When providing Personal Data to Endstate, you are responsible for obtaining all necessary consents from individuals (including your customers) to allow Endstate to collect, use, retain, and disclose their Personal Data in accordance with the Privacy Policy.
8.3. Personal Data
You are responsible for complying with all applicable laws governing the use, storage, and disclosure of Personal Data that you collect, use, or process in connection with the Services.
8.4. Data Retention
Endstate is not obligated to retain data after the termination of the Agreement, except as required by law or necessary to perform post-termination obligations under the Agreement.
8.5. Data Security
Each party agrees to implement commercially reasonable administrative, technical, and physical safeguards to protect data from unauthorized access, accidental loss, or unauthorized modification. You are responsible for ensuring that appropriate administrative, technical, and physical controls are implemented for your business operations.
8.6. Data Breach
You must immediately notify Endstate if you become aware of any unauthorized acquisition, modification, disclosure, access to, or loss of Personal Data on your systems. In the event of a data breach, you agree to assist Endstate in any necessary mitigation actions
9. Termination
9.1. Endstate reserves the right to terminate or suspend your access to Endstate for Marketplaces and its Services, in whole or in part, at its sole discretion, without notice, for any reason, including but not limited to your breach of these Terms or any unauthorized use of Endstate for Marketplaces.
9.2. Upon termination, your account and any associated data may be deleted, and you shall cease any use of Endstate for Marketplaces and its Services.
10. Disclaimer and Limitations on Liability
The following disclaimer and limitations will apply notwithstanding the failure of the essential purpose of any limited remedy.
10.1. Disclaimer
ENDSTATE PROVIDES THE ENDSTATE FOR MARKETPLACES SERVICE "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY STATED AS A "WARRANTY" IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENDSTATE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND GUARANTEES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ENDSTATE DOES NOT WARRANT THAT THE SERVICES, OR ANY CONTENT, WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF DEFECTS, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.ENDSTATE MAY MODIFY THE ENDSTATE FOR MARKETPLACES SERVICE AT ANY TIME, INCLUDING ADDING OR REMOVING FUNCTIONALITY OR IMPOSING CONDITIONS ON THE USE OF THE SERVICE. ENDSTATE WILL NOTIFY YOU OF MATERIAL ADVERSE CHANGES OR THE REMOVAL OF FUNCTIONALITY THAT YOU ARE USING.IN NO EVENT WILL ENDSTATE BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR USE, ALTERATION, OR LOSS OF, ANY OF YOUR DATA OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY PROTECTED DATA OR ENDSTATE DATA, ARISING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE, YOUR ENDSTATE ACCOUNT, OR YOUR FAILURE TO IMPLEMENT APPROPRIATE SECURITY MEASURES.
10.2 Limitations on Liability
(A) INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENDSTATE PARTIES WILL NOT BE LIABLE TO YOU OR YOUR AFFILIATES IN RELATION TO THIS AGREEMENT OR THE ENDSTATE FOR MARKETPLACES SERVICE, WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOST PROFITS, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, BUSINESS INTERRUPTION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, OR PUNITIVE DAMAGES, EVEN IF THESE LOSSES, DAMAGES, OR COSTS ARE FORESEEABLE, AND WHETHER OR NOT YOU OR THE ENDSTATE PARTIES HAVE BEEN ADVISED OF THEIR POSSIBILITY.
(B) GENERAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENDSTATE PARTIES WILL NOT BE LIABLE TO YOU OR YOUR AFFILIATES FOR LOSSES, DAMAGES, OR COSTS ARISING FROM OR RELATED TO THE ENDSTATE FOR MARKETPLACES SERVICE IN AN AMOUNT EXCEEDING, IN THE AGGREGATE, THE GREATER OF (I) THE TOTAL AMOUNT OF FEES YOU PAID TO ENDSTATE DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (II) $500 USD.
11. General Provisions
11.1. Entire Agreement: These Terms constitute the entire agreement between you and Endstate regarding your use of Endstate for Marketplaces and supersede all prior and contemporaneous agreements, representations, and understandings.
11.2. Governing Law: These Terms shall be governed by and construed in accordance with the laws of Massachusetts without regard to its conflict of law principles.
11.3. Dispute Resolution: Any disputes arising under or in connection with these Terms shall be subject to exclusive jurisdiction of the courts located within Massachusetts.
11.4. Severability: If any provision of these Terms is found to be invalid or unenforceable, such provision shall be modified to the extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
11.5 Force Majeure: Endstate and its Affiliates will not be liable for any losses, damages, or costs you suffer, or delays in a Endstate Entity's performance or non-performance, to the extent caused by a Force Majeure Event.
11.6. Assignment: You may not assign or transfer any obligation or benefit under this Agreement without Endstate’s consent. Any attempt to assign or transfer in violation of the previous sentence will be void in each instance. Endstate may, without your consent, freely assign and transfer this Agreement, including any of its rights or obligations under this Agreement. This Agreement will be binding on, inure to the benefit of, and be enforceable by the parties and their permitted assigns.
11.7. Contact Information: If you have any questions or concerns regarding these Terms, please contact us at info@endstate.io or 1996 Centre St, STE 3F, Boston, MA 02132.
By using Endstate for Marketplaces, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.
- Meaning of words used in this agreementauthentic – with respect to a digital asset, that the digital asset is a genuine example, rather than a copy or forgery, of a work from a particular origin or source, if the work is described as being of that origin or source.blockchain – a distributed digital ledger of transactions maintained by a distributed peer-to-peer computer network that cryptographically validates transactions and records such transactions on the ledger.Endstate groupcompany or Ghostwarp – Endstate.digital asset – the digital work which the NFT identifies, including all associated metadata, and with which the NFT is associated.digital wallet – a custodial or hosted software-based device, program, service, or hardware, that allows the owner to receive, store and transfer digital assets, including but not limited to, cryptocurrencies and NFTs, on a blockchain.digital wallet address – a unique alphanumeric string of characters that is associated with and represents the on-chain address for a digital wallet.mint – to generate an NFT for a digital asset on a blockchain.NFT (or non-fungible token) – a unique digital certificate that identifies (including through a pointer to, or hash of, the digital asset(s)) and is associated with one or more digital assets, which is held and transferred on a blockchain and provides the owner with certain rights to the digital asset(s).metadata – information included within the NFT that includes at least: the name of the digital asset; a description of the digital asset; and the location of where the digital asset is stored or a hash of the digital asset itself (such as a content identifier). owner – with respect to an NFT, the individual or entity that has the private key to the digital wallet that controls the ability to store or transfer the NFT.
- Tearms of Use
- A. Requirements to Use, and Legal Disclaimers:
- (1) No Legal Representations. No recipients of content from the Site, clients or otherwise, should act or refrain from acting on the basis of any content included in the Site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an appropriately licensed attorney. The content of the Site contains general information and may not reflect current legal developments, verdicts, or settlements. We expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of the Site.
- (2) Sensitive Communications. Any information sent to ENDSTATE via Internet e-mail or through the Site is not secure and is done so on a non-confidential basis. ENDSTATE assumes no responsibility for the loss of confidentiality for any information you transmit through the Internet.
- (3) ENDSTATE NFTs are minted on the Solana blockchain. The Solana blockchain is still in beta. As assets based on Solana’s software, any malfunction, breakdown, and abandonment of the Solana protocol may have material adverse consequences for the User and User’s assets.
- (4) We may use third party partners for selling our NFTs and do not make any representations around the availability or performance of their sites.
- (5) NFTs may be minted on a public blockchain, we do not make any representations around the availability or performance of the blockchains, nor the third-party tools that are used to access the blockchain, and assets that exist on the blockchain. We are not responsible for the custody of the digital assets in your wallet once you’ve purchased them from ENDSTATE or a third-party partner.
- (6) ENDSTATE is the only authorized party where Users can redeem NFTs for a physical pair of sneakers.
- (7) Digital Wallet Requirements. In order to purchase an NFT, you must have a digital wallet with a provider that we agree is compatible with our requirements. If you do not have such a digital wallet, we may refuse to register any bid you may place or order you may place, and may disable your participation in the sale or offering of any product.
Connectivity and Technical Issues. Broadband or other internet capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some users including (but not limited to) accessing sales and maintaining continuity of such access. ENDSTATE is not responsible to you or any other party for errors or failures to connect to any content placed on the internet or on your mobile device, including, without limitation, errors or failures caused by: (i) any loss of connection on your end or by ENDSTATE, to the online-only sale or any breakdown in the online ordering software; and/or (iii) a breakdown or problems with any internet connection, computer, mobile device, or system. We are not liable for inability by any party to connect with or otherwise gain access the authorized ENDSTATE website. Further, in the event there are any variation in either the quality or resolution of digital assets or any representations of the digital assets, ENDSTATE will have no liability.
(8) - (8) ENDSTATE retains the right to reject any order.
- B. LIMITATION OF LIABILITY:
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THE SELLER BE LIABLE FOR
- OTHER RISKS OF NFT. WE DO NOT GIVE YOU ANY WARRANTY IN RELATION TO AND WE WILL NOT BE LIABLE TO YOU:
- (a) FOR ANY MISTAKES OR MISSING INFORMATION IN THE DESCRIPTION OF ANY DIGITAL ASSET, PROVIDED WE USE OUR REASONABLE ENDEAVOURS TO CATALOGUE EACH PHYSICAL OR DIGITAL ASSET PROPERLY.
- (b) WE HAVE NO OBLIGATION OR LIABILITY TO YOU FOR KEEPING, STORING, OR HELPING YOU RECOVER ANY NFT. THE SALE OF FRAUDULENTLY OBTAINED NFTS, NFTS TAKEN WITHOUT AUTHORIZATION, AND OTHER ILLEGALLY OBTAINED NFTS ON THE PROPERTIES ISPROHIBITED.
legal@endstate.ioOr by mail at:GHOSTWARP CO
.c/o ROTHWELL FIGG
Attn.: Mr. Jess M. Collen
The Holyoke-Manhattan Building
80 South Highland Avenue
Ossining, New York 10562 USA
- C. Proprietary Rights.
- D. Sign Up and Use Obligations.
- E. Covered Parties, Other Disclaimers, Limitation of Liability, and Indemnity.
- Covered Parties. “Covered Parties” means ENDSTATE (including affiliated and other related entities), its business partners and other entities participating in this Site and our publications, and its and their respective officers, directors, partners, principals, managers, members, counsel, employees, contractors, agents, successors, and assigns.
- Indemnity. By using the Site, you agree to promptly indemnify and hold the Covered Parties harmless from any claim, action, proceeding, investigation, or demand, including litigation costs and attorneys’ fees, of every kind and nature as incurred, made by any third-party due to or arising out of your access to or use of the Site, your connection to the Site, communications, or content you submit, your violation of the Terms, or your violation of any rights of another. This indemnity survives termination of the Terms.
- Authorization. In accessing or using the Site, you affirm that you (i) are more than 13 years old, or possess legal parental or guardian consent, (ii) are fully able and competent to understand and enter into these Terms of Use and Privacy Statement, and (iii) agree to comply with these Terms of Use and Privacy Statement. In any case, you acknowledge that this Site and information provided thereunder, including our publications, are not intended for children under the age of 13, and affirm that you are more than 13 years old.
- F. General.
- The Terms, including the Privacy Statement below, along with any other terms and policies posted on the ENDSTATE Site, constitute the entire agreement between you and ENDSTATE regarding your use of the ENDSTATE Site and supersedes any prior agreements between you and ENDSTATE regarding such use, other than any written agreement between you and an authorized representative of ENDSTATE. If ENDSTATE does not exercise or enforce any legal right or remedy which is contained in the Terms or any other legal right, this will not be taken to be a formal waiver of ENDSTATE’s rights and that those rights or remedies will still be available to ENDSTATE. ENDSTATE’s failure to enforce any provision on any occasion is not and should not be construed as a waiver of such provision. If you are using ENDSTATE on behalf of a company or other legal entity, you are nevertheless individually bound by the Terms even if your company has a separate agreement with us.
- G. NO Returns.Return Policy Exceptions.We proudly stand behind the quality of our products. However, in no event shall we consider requests for return or refund after 90 days from sale. We care deeply about our customers and value their loyalty and interest. However, owing in part to the nature of our products, the policies we have had to establish based upon return or refund are somewhat unique to GHOSTWARP.
- If we do accept a return, we would recommend you use a shipping service label to track your package and insure a safe return.
- There are no returns or exchanges for NFTs or physical pairs of ENDSTATE sneakers. If a pair of sneakers contains a physical defect, your sole remedy shall be to return the sneakers to ENDSTATE via certified mail, at which time ENDSTATE may, at its sole discretion, choose to replace the sneakers in question.
- H. Dispute Resolution – Arbitration, No Class Actions.
- I. Notification of Copyright Infringement
- DMCA. We respect the Intellectual Property Rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”).
- Take-Down Notice. If you believe that your work has been infringed in connection with the Site, please provide written notification via regular mail or via fax (not via email or phone) to our Copyright Agent (contact information below) that contains all of the following elements:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- A description of the copyrighted work(s) infringed;
- A description of where the content that you claim is infringing is located on the Site;
- Information sufficient to permit us to contact you, such as your physical address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by you that the information in your notice is accurate and, under penalty of perjury that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- Before you file the notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney.
- Counter-Notice. If you believe we disabled or removed access to your content as a result of an improper copyright infringement notice, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via email or phone) to our Copyright Agent (contact information below), which must contain all of the following elements:
- A physical or electronic signature of the subscriber;
- Identification of the content that was removed from the Site and the location of the Site on which the content appeared before it was removed;
- A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled;
- Information sufficient to permit us to contact you, such as your physical address, telephone number, and email address;
- A statement that you consent to jurisdiction of the Federal District court for the district where you reside (or of Suffolk County, Massachusetts if you reside outside of the United Sates) and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of the person.
- Before you file a counter-notification, please carefully consider whether or not the use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys’ fees in the event that a court determines your counter-notification misrepresented that the content was removed by mistake. If you are unsure whether use of the content at issue constitutes infringement, please contact an attorney.
- Copyright Agent. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:
By mail:Copyright Agent
Rothwell Figg
The Holyoke-Manhattan Building
80 South Highland Avenue
Ossining, Westchester County, New York 10562 USA
Attn: Jess M. Collen, Esq.
By fax:
(914) 941-6091
By telephone:
(914) 941-5668 - The Copyright Agent will not remove content from the Site in response to telephone or email notifications regarding allegedly infringing content, since a valid DMCA Notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit the notifications by fax or ordinary mail only and as further described by this section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that the infringement is occurring on the Site. All other inquiries directed to the Copyright Agent will not be responded to.
- J. How to Contact Us
- If you have any questions or comments about these Terms of Use or you need to notify us, please write to:GHOSTWARP CO
.c/o ROTHWELL FIGG
Attn.: Mr. Jess M. Collen
The Holyoke-Manhattan Building
80 South Highland Avenue
Ossining, New York 10562 USA - If you have any questions about the Terms, including the Privacy Statement, the practices of the Site, or your dealings with the Site, please contact us via e-mail at:legal@endstate.ioOr by mail at:GHOSTWARP CO
.c/o ROTHWELL FIGG
Attn.: Mr. Jess M. Collen
The Holyoke-Manhattan Building
80 South Highland Avenue
Ossining, New York 10562 USA