Terms of use

  1. Platform
    • These terms and conditions set out your rights and obligations when you use the Litho marketplace (the Platform) to mint, purchase, sell or display non-fungible tokens (NFTs) and your access to and use of the Platform including any content, functionality and services offered on or through https://lithoverse.xyz/ (collectively, the Services).
    • By completing the account registration process, and/or accessing or using the Platform for any Services, you are confirming your acceptance of these terms and conditions, which, together with our Privacy Policy (at https://cennz.net/privacy-policy/) and any other terms, guidelines, conditions or restrictions on the Platform website, form a binding legal agreement between Centrality Limited (we, our, us) in relation to your access to and use of the Platform and the Services. If you do not agree to be bound by any of these terms, you must stop accessing and using any Services or the Platform.
    • We reserve the right to change these terms and conditions at any time and in our sole discretion. If we make any changes to these terms and conditions, we will notify users of the change either through the Platform, by sending an email notification, or by other reasonable means at our sole discretion. By continuing to access or use any Services or the Platform, you agree to be bound by the amended terms and conditions. If you do not agree to the amended terms and conditions, you must stop accessing and using any Services or the Platform.
    • The Platform is operated by us from New Zealand. The information, content, services and products available through the Platform or the Services may not be appropriate or available for use in other jurisdictions. If you choose to access or use the Platform or the Services from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.
  2. Account registration
    • If you wish to use the Platform to mint, purchase, sell or display NFTs, you will need to register for an account. You must be at least 18 years old and able to enter into contracts to register for an account, or if you are under 18 years old, you may use a parent or guardian’s account with the consent and supervision of the account holder, and the account holder will be responsible for your actions.
    • By registering for an account, you agree to provide us with current, complete, and accurate information about yourself, and you agree to maintain and promptly update such information as required to keep it so.
    • We may require you to provide additional information and documents at the request of any governmental body or authority or to comply with applicable laws and regulations, including laws relating to anti-money laundering and the countering financing of terrorism. You agree to provide such additional information and documents promptly, and if you fail to do so, we may suspend or terminate your account or limit your access to or use of the Platform pursuant to clause 2.5.
    • You must ensure that your username, password and other credentials are kept secure and confidential. You agree to notify us immediately of any unauthorised use of your username, password, and other credentials or any other breach of security.
    • We may (at our sole discretion) suspend or terminate your account and limit or terminate your access to or use of the Platform at any time if we suspect (in our sole opinion) that your account is used for any illegal activity, you have concealed or provided false information to us, you have engaged in any illegal activity, you are using or operating bots or other forms of automation and/or multiple accounts to engage in any activity on the Platform, or you are in breach of any of these terms and conditions. We reserve the right (at our sole discretion) to take down NFTs or content in response to any infringement claims or complaints.
    • You may not:
      • transfer, sell, rent, lease, or grant access to your account to another person;
      • share your password with anyone;
      • login or try to login to access or use the Platform or the Services through an unauthorised third party application or client;
      • maintain more than one account with us; or
      • create another account if we have suspended or terminated your previous account.
    • By creating an account, you agree and understand that we will communicate with you via electronic means. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
  3. Transactions
    • The Platform allows you to mint, purchase, sell, and display NFTs (each, a Transaction). Our guide on using the Platform can be found here: http://thelitho.info/
    • To participate in a Transaction to purchase or sell NFTs, you will need to install the CENNZnet browser extension: https://chrome.google.com/webstore/detail/cennznet-extension/feckpephlmdcjnpoclagmaogngeffafk?hl=en. Transactions will only be able to be completed using your CENNZnet account, and in the designated cryptocurrenc(ies) available, using this CENNZnet browser extension.
    • The Platform is an administrative platform that can facilitate Transactions and we are not a party to any agreement between a buyer and seller of NFTs, or as between any users. For this reason, you are solely responsible for your interactions with any other users of the Platform and we have no obligation to become involved with disputes between users of the Platform nor do we guarantee that you will achieve any particular outcome as a result of minting, purchasing, selling or displaying NFTs on the Platform.
    • The Platform is an aggregator marketplace and may act as a facilitator to display NFTs for sale as made available by or obtained from other platforms or any other websites (being the Other Marketplaces). You agree that we are not responsible for the accuracy, timeliness or completeness of any such transactions or any information or content provided by Other Marketplaces. Any reference to Other Marketplaces or any other company, product or services including any logos used and displayed on the Platform do not constitute our endorsement nor an indication of any affiliation with us.
    • Under no circumstances will we be liable in any way for the content or materials of any third parties (including Other Marketplaces and other users), including, but not limited to, any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of or reliance on such content or materials.
    • Once you enter into a Transaction on the Platform, the Transaction will be complete and we are under no obligation to reverse or amend any part of the Transaction, or stop the Transaction from completing. We have no liability to you or any other third party for any claims or damages that may occur due to any Transaction that takes place on the Platform.
    • While we do not charge a fee for our Services, Transactions may be subject to other fees, commissions, royalties and other charges established from time to time by a NFT creator or the CENNZnet ecosystem (including any applicable gas fees). We will have no liability to you in connection with any claim that any such fees, commissions, royalties and other charges were unknown, too high, or is otherwise unacceptable.
  4. Use and access
    • You agree that while accessing or using any of the Services or the Platform you will:
      • not access or use the Service or the Platform for any unlawful or unauthorised purpose, or to engage in, encourage or promote any activity that is unlawful or unauthorised or otherwise in breach of these terms and conditions;
      • not breach any contract or infringe any intellectual property or other third party right;
      • comply with all applicable laws when using the Services, including the Fair Trading Act 1986, the Consumer Guarantees Act 1993, the Harmful Digital Communications Act 2015, the Copyright Act 1994, and the Trade Marks Act 2002;
      • not obtain or attempt to obtain access to any materials or information through means not intentionally made available or provided for through the Platform;
      • not use any robot, spider, crawler, scraper, script, browser extension (other than the CENNZnet browser extension), offline reader or other automated means or interface not authorised by us to access or use the Service or the Platform, extract data or otherwise interfere with or modify the any part of the Service or the Platform or any part of their functionality;
      • not place misleading bids or offers or manipulate the price of any NFT or otherwise engage in any conduct that has the intention, or the effect or likely effect of, manipulating the price of any NFT or artificially increasing or decreasing any metrics we may use to sort listing search results;
      • not communicate with other users of the Platform for the purposes of sending spam or harassing or abusing other users, or interfering with any Transaction;
      • not pose as another person on the Platform or create a misleading username;
      • not use data collected from the Service or the Platform to contact individuals, companies, or other persons or entities;
      • not publish advertising material of any kind or market any goods or services directly to other users;
      • not attempt to circumvent, disrupt or interfere with the operation of the Services or the Platform or otherwise engage in (or encourage or promote) any conduct that has the intention, or the effect or likely effect of, interfering with, disrupting, negatively affecting or inhibiting other users from fully enjoying any part of the Service, or that could damage, disable, overburden or impair the functioning of any part of the Service in any manner; and
      • not engage in any conduct that is misleading or deceptive or is likely to mislead or deceive.
    • We reserve the right to disallow or remove NFTs from the Platform or any content published by you on the Platform that we consider in our sole discretion to be (or likely to be) inappropriate, disruptive, unlawful or prohibited by any laws or regulations or these terms and conditions, at any time and without notice to you. You will receive no compensation if we exercise our right to do so.
    • If you purchase a NFT on the Platform, you are solely responsible for evaluating and bearing all risk associated with any NFT and for verifying the identity, legitimacy, and authenticity of the NFTs you purchase. We make no representations about the identity, legitimacy, or authenticity of any NFTs listed or displayed on the Platform.
  5. Intellectual property rights
    • Other than as expressly provided otherwise, the Services and all content and other materials contained in the Services are owned by us or our affiliates, licensors or users, as applicable. You may not copy, use, remove or alter any of our trademarks or logos that appear on the Platform or on any content on the Platform.
    • If you mint a NFT on the Platform, you warrant and represent to us that you own all legal right, title and interest in all intellectual property rights underlying that NFT and that the minting of and the listing of that NFT on the Platform do not infringe the intellectual property rights of any third party or breach any laws or regulations.
    • Subject to clause 5.5, if you mint a NFT on the Platform:
      • you grant to us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable right to make copies of, display, perform, reproduce, and distribute the NFT and your username, biography, image, and any other public information contained in your account, on any media, for the purposes of providing the Services on the Platform and otherwise operating, sharing, developing, marketing and advertising the Services and the Platform or any other purpose related to our business, including on social media posts, blogs, advertising, market reports and virtual galleries, without additional review, compensation or approval from you;
      • you grant to any purchaser of the NFT a limited, worldwide, non-assignable, non-sublicensable licence to display the NFT that has been purchased by them and that limited licence includes, but is not limited to, the right of the purchaser to display the NFT privately or publicly and on any marketplace, exchange, platform or application (including the Platform) with an offer to sell or trade the NFT.
    • By publishing any content or making any communication on the Platform, you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable right to make copies of, display, perform, reproduce, and distribute such content, on any media, for the purposes of providing the Services on the Platform and otherwise operating, sharing, developing, marketing and advertising the Services and the Platform or any other purpose related to our business, including on social media posts, blogs, advertising, market reports and virtual galleries, without additional review, compensation or approval from you.
    • To the extent that the Platform includes any other product or service provided by us or any of our affiliates or a third party that are subject to any separate terms and conditions of use or access, those terms and conditions will govern such product or service. For example, NFT listings may contain a third party link to the website from which the NFT originated, and that website may contain separate licence terms governing the use of the NFT.
    • The Platform may contain links to third party websites and applications. We will not be responsible for the contents of such linked sites or third party applications or be liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on, or trading with, third parties and their websites, applications, products and services. The inclusion of any reference to any products, services, processes or linked site or third party application does not imply any representation or endorsement of it by us or any association with its operators. You should review the specific terms and policies of the relevant website or application before proceeding with any transaction with any third party.
    • By registering for an account, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and personal licence to access and use the Platform, subject to these terms and conditions.
  6. Disclaimer and exclusion of liability
    • We make the Platform and the Services and any information and content available on the Platform on an “as is” and “as available” basis. Your access to and use of the Platform and Services and the carrying out of any Transaction is at your own risk. You acknowledge and agree that:
      • Transactions involve the use of smart contract and blockchain technology which may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules, which may have an adverse effect on smart contracts and/or may expose you to risk of loss or forfeiture of cryptocurrency, NFTs or lost opportunities to undertake Transactions.
      • We give no warranty that any Service will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, complete, legal or safe and we will not be liable to you for any loss or damage arising in connection with any transmission error, user error (such as forgotten passwords, or failure to manage and maintain the security of your account), interruption, defect or delay in operations or transmission, theft or destruction or unauthorised access to or alteration to the Platform (including the use of viruses and phishing) or any technical, network, electronic, computer, hardware or software malfunction or limitation of any kind.
      • To the fullest extent permitted by law, we disclaim all warranties and representations, express or implied, including as to merchantability, fitness for a particular purpose, title and non-infringement as to the Services or any content or information on the Platform, and we will not be liable to you in relation to the Platform whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity).
    • You agree to indemnify each of us and our related entities (together with any officers, directors, employees, agents and representatives of us or our related entities) (each an Excluded Person) for any and all claims, damages, losses, actions, demands, proceedings, expenses and/or liabilities (including reasonable legal fees incurred) incurred by any Excluded Person arising out of or in connection with your access to or use of the Platform, any breach by you of these terms and conditions, or your infringement of the rights of any third party. Without limiting the foregoing, you further agree to indemnify each Excluded Person for any claims made against us by third parties that relate to your access to or use of the Platform or the Services or in connection with any Transaction. You agree that this clause creates a benefit for each Excluded Person that is enforceable by them under the Contract and Commercial Law Act 2017.
    • Notwithstanding anything to the contrary in these terms and conditions, in no event shall our maximum aggregate liability arising out of or in any way connected to your access to or use of the Services, the Platform or any NFT minted, sold, purchased or displayed on the Platform, will exceed NZD100.
    • While we offer a marketplace for NFTs, we do not buy, sell or take possession of any NFT for the purposes of facilitating any Transaction and the Services do not include the storage, delivery or receipt of NFTs. You acknowledge and agree that the Platform has been designed for its users to access and undertake Transactions without any involvement from us. Any transfer of NFTs through the Platform occurs within the CENNZnet Blockchain and not on this Service.
    • You are solely responsible for determining any taxes that may be imposed on Transactions and all amounts due in respect of a Transaction are exclusive of any such taxes.
  7. General
    • Your right to use the Platform is not transferable. Any password or right given to you to obtain information or documents is not transferable.
    • These terms and conditions will not be deemed to create a partnership, joint venture, agency or employment relationship of any kind between us and you.
    • These terms and conditions and the Privacy Policy at https://cennz.net/privacy-policy/ form the entire agreement between us and you relating to your access to or use of the Platform and the Services.
    • Clauses 1, 6, and 7 survive termination of these terms and conditions.
    • These terms and conditions and your access to and use of the Services and the Platform are governed by New Zealand law.
    • If at any time we do not enforce any of these terms or conditions or grant you time or other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition.
    • If any part or provision of these terms and conditions is deemed to be invalid, unenforceable or in conflict with law, that part or provision will be deemed replaced with a provision which, as far as possible, accomplishes the original purpose of that part of the provision. The remaining terms and conditions will continue to be binding on the parties.
    • We have the right to terminate these terms and conditions and cancel or suspend our agreement with you or to otherwise modify or discontinue any or all of the Services temporarily or permanently, for any reason at any time. You agree that we are not required to provide you with any advanced notice of any such cancellation, suspension, modification or discontinuation, and that we are not liable to you or any other third party for any damages or consequences caused by any such cancellation, suspension, modification or discontinuation.
    • If you have any questions or concerns in relation to the Platform, the Services or these terms and conditions, please contact us on social@cennz.net.