Last Revised - September 27, 2022
Please read these Terms of Service (the “Terms”), carefully, before using PromptSea.io (the “Website”) provided by Tamago Blockchain Labs Co., Ltd. (“Tamago”), whether as a guest or registered user. The Website is a marketplace for users who want to create, buy, and sell NFTs. The Website provides a non-custodial interface that allows you to display your NFTs, withdraw them to external wallets, or deposit NFTs from external wallets and display them on the Website.
Tamago is not a party to any agreement between buyers and sellers of NFTs or between users. The Website is not a wallet provider, exchange, broker, financial institution, or creditor. The Website offers a peer-to-peer web3 service that allows users to discover and interact with each other as well as NFTs available on public blockchains. We have no custody or control over the NFTs or blockchains which you are interacting with, and we do not execute NFT purchases, transfers, or sales. To use our Service, you must use a third-party wallet that allows you to perform blockchain transactions.
We operate and control the Website from our offices in Japan. The Website is not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to law or regulation. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Website.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Any changes to these Terms will be in effect as of the “Last Revised” date referred to at the top of this page.
Your continued use of the Website after following the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Tamago offers a variety of services which can be accessed through the Website (the “Services”). Anyone can browse the Website without registering for an account. However, you need to create an account on the Website to use the Service. All Services are provided “as is” with the possibility of future changes as part of an ongoing effort to improve the Service we offer.
Each of our Services have a defined limit in one way or another. We may, or may not, choose to disclose those limits. Any such limits may be changed at any time, with or without prior notices.
Tamago is always expanding and thus you may see changes to our Services without warning. Due to the evolving nature of technologies and the way we do business, we reserve the right, with or without notice, to modify, suspend, terminate, or discontinue providing any of the Services at any time. We release updates on a regular basis, some of which are not publicly announced. These are done to improve system stability, add new features, allow use time to perform routine maintenance, or comply with applicable law. We are not liable in the event that we modify, suspend, terminate or discontinue any part of the Website or its Services.
If you are experiencing any issues, you may do so by sending us an email at email@example.com
When contacting us, we want to provide you with the best possible support, so please follow these steps to ensure a fast and relevant response:
In order to use the Services, you will need a blockchain address and a third-party wallet. Your blockchain address serves as your identity on the Website. Your account on the service (“Account”) will be associated with your blockchain address, however, if you want to, you may add additional information to your Account, such as a profile picture.
Your Account on the Website will be associated with your linked blockchain address and display the NFTs for that blockchain address (and, if applicable, any content associated with such NFTs). By using your wallet in connection with the Services, you agree that you are using the wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with Tamago, and Tamago does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Tamago accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Services will operate with any specific wallet. If you discover an issue related to your wallet, please contact your wallet provider.
You understand and agree that you are solely responsible for maintaining the security of your Account and control over any usernames, passwords, or any other codes that you use to access the Services. You are solely responsible for keeping your wallets secure and you should never share your wallet credentials or seed phrase with anyone. Any unauthorized access to your Account by third parties could result in the loss or theft of NFTs in your Account and any associated wallet. You understand and agree that you will not hold us responsible for managing and maintaining the security of your Account. You further understand and agree to or use of your Account. You are responsible for monitoring your Account. If you notice any unauthorized or suspicious activity in your Account, please notify us immediately.
Likewise, you are solely responsible for your Account and any associated wallet, and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. You understand and agree that access to your Account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your Account to any person without our prior written permission. Your account is your sole responsibility, and any claims that someone else used your account to violate these Terms or change your settings will be dismissed.
Tamago can require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, can disable your Account and block your ability to access the Service until such additional information and documents are processed by Tamago. If you do not provide complete and accurate information in response to such a request, Tamago can refuse to restore your access to the Service. We reserve the right to cancel your account, without notice, for any reason, at any time.
We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable and personal license to access and use the Website and the Services. Our grant of such license is subject to your compliance with these Terms.
You are solely responsible for your actions, content, and the behavior of your account. We work hard to keep our Services safe. Certain activities, whether legal or illegal, may be harmful to other users and violate our rules, and some activities may also subject you to liability.
You agree to use the Services only for purposes that are legal, proper, and in accordance with these Terms and any applicable laws or regulations. Without limitation, you undertake not to (and shall not, knowingly or otherwise, authorize, allow or assist any other party): (a) send, upload, distribute or disseminate any unlawful, defamatory, harrassing, abusive, fradulent, obscene, or otherwise objectionable content; (b) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country, or which would involve proceeds of any unlawful activity; (c) distribute viruses, worms, defects, Trojan horses, corrupted files, or any other items of a destructive or deceptive nature; (d) impersonate another person (via the use of an email address or otherwise) or create an account for the purpose of username “squaring”; (e) upload, post, transmit or otherwise make available through the Services any content that infringes the intellectual property rights of any party; (f) operate to defraud Tamago, other users, or any other person or provide false, inaccurate or misleading information; (g) use the Services to violate the legal rights (such as rights of privacy and publicity) of others; (h) engage in, promote, or encourage illegal activity (including, without limitation, phishing, terrorism, tax evasion or money laundering); (i) interfere with another individual’s or entity’s access to or use of the Services; defame, abuse, harass, stalk or privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance or violent acts against others; harvest or otherwise collect information from the Services about others, including without limitation email addresses, IP addresses, or any other personal information, without proper consent; (j) exploit the Services for any unauthorized commercial purpose; (k) modify, adapt, translate, or reverse engineering any portion of the Services; (l) remove any copyright, trademark or other proprietary rights notices contained in or on the Services or any part of it; (m) reformat or frame any portion of the Services; (n) display any content on the Services that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other application laws, or any third party rights; (o) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or the content posted on the Service, or to collect information about its users for any unauthorized purpose; (p) create user accounts by automated means or under false or fraudulent pretenses; (q) access or use the Services for the purpose of creating a product or service that is competitive with any of our products or services; (r) accept, solicit, offer, bid, engage with the smart contracts, or otherwise transact on or off the Website with the intent to artificially devalue, inflate, or otherwise deceptively influence, misrepresent, or cause to be misrepresented the price of an NFT; (s) engage in any deceptive conduct that may prevent competitive or fair bidding, artificially inflate or deflate the price of a work, simulate demand for work (i.e. “wash trading”), or any other anti-competitive bidding conduct such as but not limited to”puffing”, “chilll bidding”, or “sock puppet bidding”; (t) utilize the Services to transact in securities, commodities futures, trading of commodities on a leveraged, margined or financial basis, binary options (including prediction-market transactions), real estate or real estate leases, equipment leases, debt financing, equity financing or other similar transactions.
The above-mentioned acts are not an exhaustive list. You agree not to or not to allow or encourage any third party to use any of our Services to commit any of the above-mentioned or similar acts. You also agree to immediately notify us if you violate or are accused of having violated any of these Terms at firstname.lastname@example.org.
Please be aware that we handle each instance of a violation or alleged violation of these Terms on a case-by-case basis. We reserve the right to act or retain from acting on any violations in any way we deem appropriate. We are not obliged, however, to follow up on any leads or reports of violations. We are also under no obligation to enforce these Terms or impose penalties for violations of it in any way. However, even if we choose not to enforce our rights under these Terms, we may do so in the event of a violation.
In such cases, we reserve the right, but do not have the obligations to:
Any violation of these Terms may result in any of the following:
In the interests of our users and the Services, in the event that any individual has had his or her account or access blocked or is banned under this provision, he or she is prohibited from creating or using another account on or seeking access to (either the portion or entirely of) our Services, unless we provide explicit permission.
By using the Services,you are solely responsible for verifying the authenticity, legitimacy, identity and other details of any NFT, collection, or account that you view or interact with through our Services. We make no guarantees or promises about the identity, legitimacy or authenticity of any NFT, collection, or account on the Website.
In connection with your use of the Website, you may be able to post, upload, or submit content to be made available through the Website, including media that is tied to NFTs you wish to sell on the Website as a seller, and any other content associated with your NFTs (“User Generated Content”). You retain all rights to User Generated Content you post, upload, submit, or otherwise made available through the Website, except for rights expressly granted herein. Whenever you make use of a feature that allows you to upload content to our Services, or to make contact with other users of our Services, you must comply with the content standards set out in Part 6 above and in this section.
Any content you upload to our Services will be considered non-confidential and non-proprietary. You retain all of your ownership rights in User Generated Content, but you are required to grant us and other users of our site a limited license to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in 7.2 below.
By making your User Generated Content available on the Website, you represent and warrant that you own or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for User Generated Content. You agree that User Generated Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described in 7.2.
You warrant that any User Generated Content complies with these Terms, and you will be liable to us and indemnify us that warranty is breached. This means that you will be liable for any loss or damage we sustain as a result of your breach of warranty.
We have the right to remove any posting you make on our side if, in our opinion, User Generated Content does not comply with the content standards set out in accordance with these Terms. You are solely responsible for securing and backing up User Generated Content.
When you upload or otherwise make available User Generated Content to our Services, you grant Tamago a non-exclusive, world-wide, assignable, sublicensable, perpetual, and royalty-free license to access, use, host, cache, store, copy, reproduct, transmit, display, publish, distribute, adapt and modify (for technical purposes, e.g. making sure content is viewable on smartphones as well as computers and other devices) User Generated Content is any and all media or distribution methods for the brand purpose of operating, promoting, sharing, developing, marketing, and advertising the Services, or any other purpose related to the Website but solely as required to be able to operate and provide our Services.
You agree that this license includes the right for us to provide, promote, and improve the Website and to make User Generated Content available to other companies, organizations or individuals for the distribution, promotion or publication of User Generated Content on other media and services. You agree that these rights and licenses and include a right for us to make User Generated Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Website, and solely for purpose of providing the Website, and to otherwise permit access to disclose User Generated Content to third parties if we determine such access is necessary to comply with out legal obligations.
If you sell an NFT through the Website, you grant to the buyer of the NFT an intellectual property license to use, utilize, distribute, print, copy, display, modify, transmit or otherwise make use for the following purposes: (a) for the buyer's own personal use; (b) for the purpose of promoting or sharing the buyer's purchase, ownership, or interest; (c) for the purpose of sharing, promoting, discussing, or commenting on the content to which the NFT is associated; (d) on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the NFT; (e) within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigate and perceivable virtual environments (f) any commercial purpose (the “NFT Purchase License”)
If you are a buyer of NFTs, then you acknowledge and agree that the NFT Purchase License set forth above only lasts as long as you are the valid owner and holder of the NFT. You further understand that you have the ability to possess and control the disposition of the NFT (i.e., the token on the blockchain) itself, rather than the acquisition of any intellectual property right in, or license to, any content to which the NFT is associated. If you sell or transfer the NFT to another person, this NFT Purchase will transfer to another owner or holder of the NFT, and you will no longer have the benefits of such NFT Purchase License.
You further acknowledge that NFTs may be subject to terms directly between buyers and sellers with respect to the use of the NFT content and benefits associated with a given NFT (“Purchase Terms”) and that such terms may be accessible via a third-party link to an external website. Such Purchase Terms, which are solely between the buyer and seller, who are entirely responsible for communicating, promulgating, agreeing to, and enforcing such Purchase Terms.
By using our Services, you represent and warrant that:
Our trademarks, logos, images, service marks, trade names and other distinctive branding features are used on our system and by our Services. We do not give you a license to use any of these, and you may not use them without our permission.
Our Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Tamago, its affiliates, its licensors, or other providers of such material and are protected by Japan and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary right laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms.
You may link to our homepage (https://tamagonft.xyz) provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without further notice.
If you wish to link to or make any use of content on our site other than that set out above, please contact email@example.com
We want to ensure that the content that we host does not infringe the proprietary rights of others.
If you are the owner of content that is being improperly used on our Website without your permission, you may request that the content be removed. To make such a request, please email us with the required information at firstname.lastname@example.org
The owner of the intellectual property right (the “IP”) or a person authorized to act on his behalf must submit the following information:
Pursuant to these Terms, we shall remove any infringing material that complies with the above notice requirements, and we may terminate, in appropriate circumstances, users and account holders of our Services who are repeat infringers.
However, we also recognize that not every takedown notice is valid or in good faith. In such cases, we strongly encourage users to file counter-notifications when they appropriately believe a takedown demand is invalid or improper.
To file a counter-notification with us, you must provide us with the following information:
When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion.
Our Services may contain features and functions that link to third-party websites, servers, directories, systems, networks or any other kind of third-party hosting or hosted content. Anytime you access this content, what you do with it is between you and the provider of that content. We do not endorse or support any third-party content, and cannot be held responsible for what is contained on external systems. We expressly disclaim any responsibility for what happens on third-party systems. Third-party systems are not a part of our Services in any way, any we imply no affiliation or endorsement by having them on our system.
Please make sure that you familiarize yourself with the safety and reputation of any third-party links that you click or otherwise access, and that you take the appropriate steps to back-up your data, protect your privacy, and guard yourself against viruses, malware, scams or other types of risks that can be found on the internet.
Our Services may include content provided by third parties, including materials provided by advertisers, other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Tamago, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Tamago. We are not responsible, or liable to you or any third party, for the content, accuracy, or legality, of any materials provided by any third parties.
We cannot be held responsible or liable for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in or accessible through our Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Service, or by anyone who may be informed of any of its contents.
We are not responsible for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. We are not responsible for any harm that might come from downloading or accessing any information or material on the Internet through our Services.
Moreover, transactions on the Website and through the Services, including but not limited to primary sales, secondary market sales, listing, and other operations, utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and peer-to-peer or decentralized networks and systems. You acknowledge and agree that such technologies are experimental, speculative, and inherently risky and may be subject to buds, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the relevant blockchain, which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or NFT, or lost opportunities to buy or sell NFTs. Tamago is not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract) of the associated blockchain, or for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting the NFTs including forks, technical node issues or any other issues having fund losses as a result.
The Services, and all materials, information, products and services included in the Services are currently being provided as a “Beta” version and made available on an “as-is”, or “as available” basis with no warranties whatsoever. Tamago, its suppliers and its licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties or title, functionality, merchantability, usage, security, suitability or fitness for a particular purpose, non-infringement of proprietary rights, workmanship or technical quality of any NFT or work, smart contract code, or software. Tamago, its suppliers and its licensors disclaim any warranties regarding the security, reliability, timeliness, and performance of the services. Tamago, its suppliers and its licensors disclaim any warranties for any information or advice obtained through the services.
You understand and agree that: (a) the Services will not be uninterrupted or error-free; (b) There is non warranty or guarantee that the services will operate at any minimum data transfer speed; (c) Tamago has no control over third party networks or sites you may access in the course of your use of the Services;
We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, including but not limited to any losses, damages or claims arising from: (1) User error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (2) Service failure or data loss; (3) Corrupted wallet files; (4) Unauthorized access to applications; (5) Any unauthorized third activities, including without limitation the use of viruses, phishing, bruteforcing or other means of attack against the Website.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction. No advice or information, whether oral or written, obtained by you from Tamago or its successors, affiliates, contractors, employers, suppliers, licensors, partners or agents, or through or from the services (including through support services or professional services) shall create any warranty not expressly stated in the terms.
You agree that, under no legal theory, including, but not limited to negligence, shall Tamago or the Tamago parties, be liable to you for any compensatory, direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages to loss of profits, cost of cover, goodwill, use, data, or other intangible losses (regardless if we have been advised of the possibility of such damages), arising from or relating to these terms or your use or the inability to use the services.
These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided on any third party sites or otherwise provided by any third parties other than Tamago (including third party application developers) and received by you through or advertised on the Services or received by you on any third party sites.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in these terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located.
To the extent that foregoing limitation of liability is prohibited, our sole obligation to you for damages shall be limited to the amount you paid us to use the Services to which such claim relates in the 12-month period preceding the filing of such claim.
You understand and agree that you access and use the Website at your own risk. You should carefully consider whether creating, buying, or selling NFTs is suitable for you in light of your circumstances and financial resources. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your own evaluation of the merits and risks of any transaction conducted via the Website and that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections.
By using the Website, you understand and agree that your access and use of the Website is subject to certain risks including without limitation:
You understand and agree that the nature, potential value, suitability, and appropriateness of these risks are solely your responsibility. This warning and others provided in these Terms do not constitute or imply an ongoing obligation to alert you to all of the potential risks of using or accessing the Website, and acknowledge that this brief statement does not disclose all of the risks associated with the Website, NFTs, and other digital assets.
You release us and the Tamago parties from claims, demands, and damages of every kind and nature known and unknown, arising out of in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You may terminate these Terms at any time by canceling your Account on the Website and discontinuing your access to and use of the Website. You will not receive any refunds if you cancel your Account, or otherwise terminate these Terms.
Tamago reserves the right, in our sole discretion, to terminate your access, or use the Services, ban you as a user, delete any content or data uploaded by you, terminate these Terms, or terminate part of our Services, with or without cause, and with or without notice, You acknowledge and agree that, upon any such termination, any licenses granted by Tamago shall terminate and Tamago shall have no liability or obligation to you.
Even after your use and participation are banned, blocked or otherwise suspended, these Terms will remain in effect with respect to relevant provisions.
If we terminate these Terms or suspend or terminate your access to or use of the Website due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity.
You agree that all matters relating to the Services and these Terms, and any dispute or claim arising therefore or related, shall be governed by and construed in accordance with the laws of Japan (without reference to conflict of laws principles).
You agree to file any legal suit, action, or proceeding (each a “Dispute”) arising out of, or related to, these Terms or the Services exclusively in the courts of Japan, although we retain the right to bring any Dispute against you for breach of these Terms in your country of residence or any other relevant country. You agree to submit to the personal jurisdiction of, and agree that the venue is proper in, the courts located in Japan, in any Dispute relating to us or these Terms.
You waive any and all objections to the exercise of exclusive jurisdiction over you and over the subject matter by such courts and to venue in such courts including any defense of forum non-conveniens.
You irrevocably waive, to the fullest extent permitted by applicable law, any right you may have to a trial by jury in respect of any Dispute directly or indirectly arising out of, under or in connection with these Terms.