Terms of Service
Fortress Blockchain Technologies Inc. and our subsidiaries (collectively “Fortress”, “us,” or “we”), accessible at www.fortress.xyz, www.fortress.app, www.fortressmint.com, and www.fortresstrust.us is a technology services firm that offers tools, white-label solutions and application programming interfaces (“API”) to create and upload certain digital content (including images, videos, documents, audio files, event tickets, contracts and other electronic-form materials), mint fungible and non-fungible tokens on certain blockchains representing your content, distribute your tokens, sell your NFTs, use NFT and crypto wallets, and access financial services along with other features and functionality (collectively, the “Platform”). As explained below, we collect information from you when you interact with the Platform.
Acceptance, Change or Termination.
Eligibility for Use of the Services.
The Service is only available to individuals who are at least eighteen (18) years old. User represents and warrants that if you are an individual, you are at least 18 years old, that you are fully able and competent to enter into the terms and conditions set forth in this and other agreements on the Platform, and that all registration information you submit is truthful, accurate and complete. If you are accessing the Platform and/or using the Services on behalf of an entity, such as your employer or a company you work for or control, you warrant and represent that you have the legal authority to bind that entity to these Terms of Service. The Platform is controlled and operated from Fortress’s facilities in the United States. Fortress makes no representations that the Platform or Services are appropriate or available for use in other jurisdictions. Those who access or use the Platform from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
In order to access certain features of our website(s) and of the Platform, you must register to create an account (“Account”). You must complete the registration process by providing us with current, complete and accurate information. You are solely responsible for updating any and all pertinent registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your Account. You will also choose a password. Fortress reserves the right in its sole discretion to refuse registration of or cancel a User’s account or any associated data. You are solely responsible for maintaining the confidentiality of your password and Account information. You agree to notify Fortress immediately in writing of any unauthorized use of your Account or any other breach of security. You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You acknowledge and agree that you are liable for any damages or losses to Fortress and other Users by any use or misuse of your Account, either authorized or unauthorized. You are solely responsible for selecting, installing, operating, and maintaining appropriate (for you and your purposes) antimalware, anti-intrusion, anti-phishing, and antivirus software and other protections on your computer(s) and other devices to prevent cyber-crimes, fraud and other theft or malicious acts.
No Professional Advice.
Fortress does not provide professional advice, guidance or recommendations and the use of the Platform should not be interpreted as advice or an endorsement of your business or actions in any way. Information published on or through the Platform is for informational purposes only. Users are advised to seek legal, tax and information technology advice from independent advisors before using the Services.
User Conduct Guidelines.
User represents and warrants that all information that you provide to Fortress or through the Platform is accurate, complete and truthful. Fortress and its agents are entitled to rely upon the information you provide as true, accurate and complete without independent verification. As a condition to accessing or using the Platform and the Services, you agree that you will not at any time: (a) engage in or attempt to engage in any conduct or business activity violate any applicable laws; (b) infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Platform; (c) use the Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner; (d) use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Platform or to extract data; (e) interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks; (f) post or create content or communications on the Platform that are, in our sole discretion, libelous, defamatory, profane, obscene, explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable; (g) defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another; (h) use the Platform from a jurisdiction that we have, in our sole discretion, or a relevant governmental authority determined is a jurisdiction where the use of the Platform or the Services is prohibited; or (i) encourage or induce any third party to engage in any of the activities prohibited under these Terms of Service. Fortress reserves the right to terminate or limit your access to the Platform and/or the licenses granted herein for any reason and in our sole discretion.
No Representations or Warranties.
Fortress makes no representation or warranties as to the completeness or accuracy of the information provided on the Platform or its functionality. To the maximum extent permissible by law, Fortress assumes no liability or responsibility whatsoever for any errors or omissions in the content of the Platform. Fortress does not endorse or represent the reliability or accuracy of any content or information created, posted, distributed through or accessed from the Platform. You agree that any reliance upon any content or information distributed through or accessed from the Platform is at your sole risk.
Digital Millennium Copyright Notice.
We respect the intellectual property of others, and we ask you to do the same. If you or any third-party believes its copyright rights have been infringed on our Platform, the copyright(s) owner (“Complaining Party”) should send notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include: (i) a physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party; (ii) identification of the copyrights(s) claimed to have been infringed; (iii) information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted; (iv) identification of the material that is claimed to be infringing the Complaining Party’s copyrights(s) that is to be removed and information reasonably sufficient to permit us to locate such materials; (v) a statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyrights that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512© (“DMCA”), Fortress’s Designated Agent for notice of claims of copyrights infringement can be contacted at the addresses below:
Designated Agent for Claimed Infringement:
Fortress Blockchain Technologies, Inc. Legal Department. [email protected]
You acknowledge, accept and agree that if we receive a notice of a claim of copyright or other intellectual property infringement, we may immediately remove the identified materials from our Platform without liability to Fortress or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. Please note that this procedure is exclusively for notifying Fortress and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. Allegations that other intellectual property right is being infringed should be sent to [email protected]. Fortress may, in its sole discretion, terminate the accounts of those who are accused of copyright infringement or other intellectual property rights.
For any image, video, audio, documents and other content that you upload, create, transmit or post to or through the Platform (“User Content”), User represents and warrants that: (i) User has all necessary rights to submit User Content to the Platform and grant the licenses set forth herein; (ii) Fortress will not need to obtain licenses from any third party with respect to use, publication, royalties or other fees, costs or expenses; (iii) User Content does not infringe any third party’s rights, including intellectual property rights and privacy rights, in any way; and (iv) User Content complies with these Terms of Service and all applicable laws. Subject to your compliance with these Terms of Service, Fortress grants User a limited, non-exclusive, non-assignable, non-sub-licensable, revocable, license to use the Platform as it is provided to you by Fortress solely for your personal or internal business use and only in a manner that complies with these Terms of Service and all legal requirements that apply to you or your use of the Platform. Notwithstanding the foregoing, Fortress reserves the right to and may revoke this license at any time, in its sole discretion. No licenses or rights are granted to User herein by implication or otherwise under any intellectual property rights owned or controlled by Fortress or its licensors, except for the licenses and rights expressly granted in these Terms of Service. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Fortress intellectual property (whether registered or unregistered). You may not at any time, adopt or use, without Fortress’s prior written consent any word or mark which is similar to or likely to be confused with Fortress’s intellectual property. You are advised that Fortress will aggressively enforce its intellectual property rights to the fullest extent of the law. User grants Fortress a worldwide license to use User Content in connection with the Service.
Limitations of Liability and Disclaimers.
No Consequential, Incidental or Punitive Damages.
Notwithstanding anything to the contrary contained in these Terms of Service, Fortress shall not be liable to any person or entity, whether in contract, tort (including pursuant to any cause of action alleging negligence), warranty or otherwise, for special, incidental, consequential, indirect, punitive or exemplary damages (including but not limited to lost data, lost profits or savings, infringement, loss of business or other economic loss) arising out of or related to these Terms or the Service, whether such parties have been advised or knew of the possibility of such damages, and regardless of the nature of the cause of action or theory.
Limitation of Liability.
Fortress’s liability for damages to each User shall in all cases be limited to, and under no circumstances shall exceed, Fortress’s service fees actually received by Fortress from such Any claim or cause of action a User may have or acquire in connection with the Service or any of the other matters contemplated by these Terms of Service shall survive for the shorter of, and may be brought against Fortress solely prior to: (a) the expiration of the statute of limitations applicable thereto; and (b) the date that is six months after the date on which the facts and circumstances giving rise to such claim or cause of action first arose.
No Responsibility for User Content; No Guarantee of Uniqueness or Intellectual Property.
Fortress has no responsibility for the User Content uploaded, generated, created and/or sold by Users on or through the Platform. Fortress does not investigate and cannot and does not guarantee or warrant the authenticity, originality, uniqueness, marketability, legality or value of any User Content. The Services offered to Users is limited to technology, self-directed by User and ministerial in nature.
Third-Party Resources and Content.
References, links or referrals to or connections with or reliance on third-party resources, products, services or content, including smart contracts developed or operated by third parties, may be provided to Users in connection with the Service. In addition, third parties may offer promotions related to the Service. Fortress does not endorse or assume any responsibility for any activities of or resources, products, services, content or promotions owned, controlled, operated or sponsored by third parties. If Users access any such resources, products, services or content or participate in any such promotions, Users do so solely at their own User hereby expressly waives and releases Fortress from all liability arising from User’s use of any such resources, products, services or content or participation in any such promotions. User further acknowledges and agrees that Fortress shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such resources, products, services, content or promotions from third parties.
Minting & Distributing Tokens; Gas Fees and Transaction Fees.
User acknowledges and agrees that Fortress does not control blockchain transaction fees or timing for minting fungible or non-fungible tokens. Accordingly, you must ensure that you have a sufficient balance with Fortress to complete any transaction on the blockchain before initiating blockchain transactions, including a linked payment method or a balance in the native token from the applicable blockchain. Fortress may enable conversion of fiat to applicable native tokens at prices established by affiliates with no guaranty or warranty of best-price.
Officers, Directors and Others.
All provisions of these Terms of Service which disclaim or limit obligations or liabilities of Fortress shall also apply to the officers, directors, members, employees, independent contractors, agents, affiliates, stockholders, debtholders and affiliates of Fortress.
Limitations on Disclaimers.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply in full to specific Users. The disclaimers and limitations of liability provided in these terms shall apply to the fullest extent permitted by applicable laws.
You represent and warrant that you are knowledgeable, experienced and sophisticated in using and evaluating blockchain and related technologies, including without limitation non-fungible tokens (“NFTs”) and “smart contracts”. You have conducted your own thorough independent investigation and analysis of the Platform, the blockchain(s) available for Minting (including smart contracts) and the other matters contemplated by these Term of Service, and have not relied upon any information, statement, omission, representation or warranty, express or implied, written or oral, made by or on behalf of Fortress in connection therewith, except as expressly set forth by Fortress in these Terms of Service.
Risks of Blockchain Technology & Services.
By accessing and using the Platform, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems and Services, and that you have a working knowledge of the usage and intricacies of digital assets. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems vary. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Service. Blockchain recorded assets, such as cryptocurrencies and NFTS, are a new, relatively untested technology. In addition to the risks mentioned herein, there are other risks that Fortress cannot yet identify or predict, and you should make your own enquiries, research and analysis thereof. Fortress does not make any representation or guarantee and will not bear any liability regarding the quality, availability, or fitness for purpose of the blockchain or NFT minting or its continued support of the same.
User acknowledges and agrees that blockchain technology is relatively new and has uncertainty regarding the operation and effects and risks thereof and the application of existing law In the event that the smart contract deployed for minting are adversely affected by malfunctions, bugs, defects, hacking, theft, attacks, negligent coding or design choices, or changes to applicable protocol rules, Users may be exposed to a risk of total loss and forfeiture of all relevant digital assets. Fortress assumes no liability or responsibility for any of the foregoing matters, except as otherwise expressly provided by these Terms or required by applicable law.
Blockchain technologies and digital assets, including NFTs, are subject to legal and regulatory uncertainties, and the Platform and NFTs could be adversely impacted by one or more regulatory or legal inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit the ability of User to continue the use and enjoyment of such products and technologies.
NFTs or the blockchain made available for your NFTs may be subject to “forks.” Forks occur when some or all persons running the software for a particular blockchain system adopt a new client or a new version. Some forks are “contentious” and thus may result in two or more persistent alternative versions of the protocol or blockchain, either of which may be viewed as or claimed to be the legitimate or genuine continuation of the original. Fortress does not assume any responsibility to notify a User of pending, threatened or completed Fortress will respond to any forks as Fortress determines in its sole and absolute discretion, and Fortress shall not have any duty or obligation or liability to a User if such response (or lack of such response) acts to a User detriment. User assumes full responsibility to independently remain apprised of and informed about possible forks, and to manage a User own interests in connection therewith.
Data/Storage/Lose of NFTs, Cryptocurrency and Other Assets.
You hereby acknowledge that such loss may be incurred by errors or malfunctions of the Platform, the Services or other third-party equipment, network, software and/or services, resulting from technology errors or systems malfunction, as well as from actions taken or omitted by you or third parties, and from hacking, theft and malicious acts. You acknowledge and agree that such risks may lead to the loss and accepts that Fortress shall have no liability whatsoever in relation thereto.
Insurance and indemnity is not provided by Fortress for these and other risk associated with the Platform. Users are advised to obtain their own insurance coverage.
User Representations & Warranties.
User represents, warrants and covenants that:
- User has the required authorization to enter into these Terms of Service and shall comply with the Terms of Service and other policies posted on the Platform.
- User is not an individual or entity that is, or an entity owned or controlled by persons or entities that are (i) the subject of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, the Swiss government, or any other governmental authority with jurisdiction the Services; (ii) identified on the Denied Persons, Entity, or Unverified Lists of the U.S. Department of Commerce’s Bureau of Industry and Security; or (iii) located, organized or resident in a country or territory that is, or whose government is, the subject of U.S. economic sanctions, including, without limitation, Cuba, Iran, North Korea, South Sudan, Sudan, or Syria.
- User shall not upload, post, or transmit any video, image, text, audio recording, or other content that: (i) infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy; (ii) exploits minors; (iii) depicts unlawful or violent acts; (iv) depicts animal cruelty or violence towards animals; (v) promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or (vi) violates any law, statute, or regulation.
Use of the Platform is subject to fees, costs and expenses, including without limitation gas fees. For a list of all applicable fees, please email [email protected]. To the fullest extent permissible by applicable law, Fortress shall be under no obligation to issue refunds with all sales final, provided, however, that Fortress may issue a refund at its discretion. To the extent applicable, any transaction reversals will be made using the payment method originally used by you to make your purchase.
The Platform may contain links to third party platforms or services (“Third-Party Platforms”). These links are provided only as a convenience to you. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Fortress of any information, materials, products, or services contained in or accessible through any Third-Party Platform. In no event shall Fortress be responsible for the information contained on any Third-Party Platforms or your use of or inability to use any Third-Party Platforms. You acknowledge and agree that Fortress shall not be liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or related to the use of or reliance on any content, goods, or services available through any third-party platforms or resource. YOU AGREE THAT ACCESS AND USE OF THIRD-PARTY PLATFORMS, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD-PARTY PLATFORMS OR AVAILABLE THROUGH THIRD-PARTY PLATFORMS, IS SOLELY AT YOUR OWN RISK AND DISCRETION.
Governing Law and Dispute Resolution.
These Terms of Service shall be governed by, construed and entered in accordance with the laws of the State of Nevada applicable to contracts deemed to be made within such state, without regard to choice of law or conflict of law provisions thereof. In the event of any claim, controversy or alleged dispute between you and Fortress, its members or affiliates (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least thirty (30) days before instituting any legal proceeding. Each User and Fortress agree to submit any Dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim or alleged breach along with your attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding pursuant to the rules of the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) to be held in Las Vegas, Nevada, before an arbitrator to be selected by the JAMS. Any such arbitration may only be commenced within six months after the party requesting arbitration obtains knowledge of the cause of action forming the basis of the controversy or claim accrued. The decision(s) of the arbitrator shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except upon claim of fraud or corruption as by law provided, however, that implementation of such decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any such appeal. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof. You agree that all Disputes will be limited between you, individually, and Fortress. To the full extent allowable by law, you agree that no arbitration proceeding, or other dispute resolution proceeding shall be joined with any other party or decided on a class-action basis. Notwithstanding the foregoing, you agree that the following matters shall not, at the election of Fortress, be subject to binding arbitration: (1) any Dispute related to, or arising from allegations of criminal activity; (2) any Disputes concerning Fortress’s intellectual property rights; and (3) any claim for injunctive relief. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF SERVICE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
You agree that Fortress may send communications to you via your mailing address, email, or telephone. You agree to notify us of any changes in your contact information. Fortress may deliver information verbally or in writing. Communications shall be deemed delivered to you when sent and not when received.
Electronic Signatures in Global and National Commerce Act/Uniform Electronic Transactions Act.
The Federal Electronic Signatures in Global and National Commerce Act (“ESIGN”) and similar state laws, particularly the Uniform Electronic Transactions Act (“UETA”), authorize the creation of legally binding and enforceable agreements utilizing electronic records and signatures. ESIGN and UETA require businesses that want to use electronic records or signatures in consumer transactions to obtain the consumer’s consent to receive information electronically. When an Issuer or potential Investor registers on the platform, we obtain his or her consent to transact business electronically and maintain electronic records in compliance with ESIGN and UETA requirements. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Platform periodically for changes and modifications and agree not to contest the admissibility or enforceability the Platform’s electronically stored copy of this Agreement in any proceeding arising out of this Terms of Service. Although you consent to electronic delivery, you may elect to deliver communications by other means and such delivery shall not affect your consent. You may revoke consent to electronic delivery of communications and receive a paper version at your election. Fortress shall have a reasonable period to effect such a change and Fortress may charge you a reasonable fee for sending such paper copies. If you elect to use electronic delivery, you agree and represent that you have a suitable computer with Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for online access.
Integration and Severability.
The failure of Fortress to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fortress. These Terms of Service and other referenced materials are the entire agreement between you and Fortress with respect to the Service, and supersede all prior or contemporaneous communication and proposals (whether oral, written or electronic) between you and Fortress with respect to the Service and govern the future relationship. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court or arbitral, as applicable, of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect and enforceable.
Except as expressly provided in these Terms of Service, there shall be no third-party beneficiaries to the Terms of Service other than affiliates of Fortress. Fortress shall have the right to assign its rights or delegate any of its responsibilities under these Terms of Service to an affiliate or in connection with a merger, consolidation or reorganization of Fortress for the sale of substantially all of its assets. In the event that any provision of this Agreement, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to effect the intent of the parties hereto. You further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision. Our affiliates, officers, directors and members shall be deemed third party beneficiaries to these Terms of Service.
These Terms of Service contain the entire understanding between you and Fortress relating to the Platform and Fortress’s services. These Terms of Service supersede any other Terms of Service or agreement regarding your use of the Platform and Fortress’s services prior to the date hereof.
These Terms of Service were last updated on September 2, 2022
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