Using this Site and its contents, as well as all related Websites and social media, you agree to our terms. You also agree to follow any other guidelines, rules, policies, terms, or conditions applicable to this Website its contents, and services updated from time to time. This includes any successor sites and any other Website, mobile app, marketplace, or software that we operate or make available, including the sale of NFTs. In this Agreement you accept the term We mean voiceofthesilence.net, its owners, associates, and employees.
Policies & Disclaimers
The Voice Of The Silence Health Disclaimer:
The Voice Of The Silence provides materials to promote physical, mental, emotional, and spiritual healing through esoteric alternative holistic means.
Please remember that those materials are not guaranteed to be sufficient intervention for some health-related, emotional or spiritual issues or problems.
Please note that those materials are not a substitute for medical treatment – physical, psychological, or mental. We recommend seeking medical and professional care to anyone expressing a concern or illness, as this is an integral part of any holistic approach. Likewise, esoteric help is not a substitute for medical or psychological diagnosis or treatment, but it can complement other forms of therapy.
The information contained in this Site in its entirety, including images, videos, blog posts, articles, teachings, and the courses, is not given or intended to be a substitute or replacement for qualified medical advice, diagnosis, or treatment. The owner(s), the developer(s), and the maintainer(s) of this Site are not engaged in rendering professional or medical advice.
The Voice Of The Silence Earnings Disclaimer:
We may report on the success of our existing or prior clients or customers. The Customer or Client accurately portrays the reports about this success. However, you acknowledge that the previous success of other clients or customers does not guarantee your success. Your results may vary based on your willingness and capacity to succeed, business experience, and expertise.
We make no guarantees concerning the level of success you may experience. We also make no guarantee that you will make any income at all. You accept the risk that the earnings and income statements are different for all the individuals using this Website in its entirety. Each person’s success depends on their motivation, education, background, and dedication.
The use of The Voice Of The Silence information, products, and services should be based on your own due diligence. You agree that we are not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services provided, mentioned, reviewed or advertised on this Website.
This Agreement is between the user of this Website and VoiceoftheSilence.net
The Site may allow users to mint and buy non-fungible tokens on distributed digital ledgers or blockchains (“NFTs”) that contain or correspond to digital artworks (“Artworks”) created by VoiceoftheSilence.net or its creators. For ease of reference, we refer to NFTs originally created by or acquired through the Site as “Site NFTs” and a Site NFT together with the license rights in the corresponding Artwork as a “Digital Item.”
VoiceoftheSilence.net may, at any time and from time to time, temporarily or permanently, in whole or in part: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify or waive any fees charged in connection with the Site, or offer opportunities to some or all users of the Site. You agree that VoiceoftheSilence.net is not responsible or liable to you or any third party for any modification, suspension, or discontinuance of the Site or any content, feature, or product offered through the Site, in each case in whole or in part. Your continued use of the Site after such changes will indicate your acceptance of such changes.
Registration, Usernames, and Passwords.
You may need to provide your email address, register, create an account, or connect your blockchain wallet, e.g., MetaMask (your “Wallet”) to use all or part of the Site or to make purchases. You represent, warrant, and covenant to us that all information you submit to the Site is complete and accurate. We may reject, or require you to change, any username, password, or other information that you provide to us in registering or updating your registration. Your username and password are for your personal use only and should be kept confidential. You are responsible for maintaining the security of your username and password. You are also responsible for any use or misuse of your username or password, and you must promptly notify us of any unauthorized use of your username, password, or Site account. You shall not permit others to use your username and password.
INFORMATION WE COLLECT AND HOW WE USE IT
We may collect and store information about our visitors, users, clients, and customers in connection with their use of the Website We use that information to provide functionality, fulfill visitors’, users’, clients’, and customers’ requests, improve the Website’s quality, engage in research and analysis relating to the Website personalize visitors’, users’, clients’, and customers’ experience, track visitors’, users’, clients’ and customers’ usage of the Website market The Voice Of The Silence, provide customer support, message visitors, users, clients, and customers, back up our systems, allow for disaster recovery and enhance the security of The Voice Of The Silence and the Company with legal obligations. Sometimes we do not retain such information, but in these cases, we still must initially transmit that information to our Website and store it for a period of time for processing.
Account Information: If you create a Voice Of The Silence account, we may store and use the information you provided to us during that process. This includes data such as your full name, email address, zip code, physical address, and other information you may provide while creating or editing your account. Transactions: If you initiate a transaction through The Voice Of The Silence, we may collect and store information about you such as your name, phone number, address, email, and payment information (such as a credit card number and expiration date), as well as any other information you provide to us in order to process your transaction, send communications about them to you, and populate forms for future transactions. If you order a physical product, we share your shipping information with our fulfillment and carrier provider for the purpose of fulfilling your order. We also share your information with our Merchant services (Stripe or Pay Pal) for the purpose of processing your order. Your information is not shared with any additional third parties. When you submit credit card numbers, our providers will encrypt that information using industry-standard technology.
You will receive email communications from The Voice Of The Silence if you have requested information from us, purchased goods or services from us, signed up for our mailing list online or opted into our email list. You may opt-out of our email list at any time. When you opt-out of receiving our email communications, this will not apply to personal data provided to us as a result of a product or service purchase or other transactions.
Controlling Your Personal Data
If you wish to have all your Personally Identifiable Information deleted, please email us directly with your request: firstname.lastname@example.org. In addition, our Website database software also includes a GDPR-compliant extension that enforces GDPR compliance with our data. Some features include GDPR Cookie consent, the user’s ability to exercise the ‘Right to be forgotten’ regulation, and user data export.
Although we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We use various safeguards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the internet, via mobile device, or method of electronic storage is 100 percent safe and secure. Although we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Website relationships with visitors and customers
All Website Content Is For Educational And Informational Purposes Only
The information provided on the Voice Of The Silence Website and all the content and the resources available for download through this Website is for educational and informational purposes only.
Not Professional Advice
The information contained on the Voice Of The Silence Website and the resources available for download or other use through this Website is not intended as, and shall not be understood or construed as, professional advice. While all our employees and the owners are professionals, the information contained on this Website is not a substitute for advice from a health or business professional who is aware of the facts and circumstances of your personal situation.
We have done our absolute best to make sure that all the information provided on the Voice Of The Silence Website and all the resources available for download or other use are accurate and provide valuable information. Notwithstanding anything to the contrary, nothing available on or through the Voice Of The Silence Website should be understood or construed as a recommendation that you should not consult with a professional who is suitable for your personal situation and who can address your particular needs. We expressly recommend that you seek advice from a professional.
Neither we nor our employees or Website owners shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
No Professional-client Relationship
Your use of the Voice Of The Silence Website, the Website contents, including video, audio, pictures, text, or another form of information, the implementation of this information or any suggestions set out on this Website and the use of any resources available on this Website – all the above mentioned does not create a professional-client relationship between you and us, our Website or any of its professionals or employees.
We cannot accept you or anybody else as a client unless and until we determine and agree that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognize and agree that we have not created any professional-client relationship by the use of this Website or its contents or the implementation of its contents.
User’s Personal Responsibility
By using this Voice Of The Silence Website, you agree to accept personal responsibility for the results of your actions taken as a result of that use or non-use. You agree to take full responsibility for any harm or damage you may suffer as a result of the use or non-use of this Website or of the information available on this Website or the resources available for download or use from this Website You agree to use your own judgment and conduct a due diligence study or investigation before taking any action or implementing any plan or policy suggested or recommended on this Website
You agree that we have not made any warranties or guarantees about the results of taking any action or not taking any action, whether recommended on this Website or not. We provide educational and informational resources that are intended to help users of this Website succeed in their own life, business, and otherwise. You nevertheless agree and recognize that your success or failure depends upon and will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond our control and knowledge.
Errors And Omissions
The Voice Of The Silence Website is a World Wide Web Site and is a public resource of general knowledge and information. This Website is intended, but not promised or guaranteed, to be correct, complete and up-to-date. The owners and the employees have taken reasonable steps to ensure that the information contained in this Website is accurate, but we do not represent that this Website is free of errors. You, as a free user or as a registered and paying user, agree and accept that the information contained on The Voice Of The Silence Website may be erroneous and agree to conduct your own due diligence to verify any information obtained from this Website and resources available on this Website prior to taking any action or no action. You expressly agree not to rely upon any information contained on this Website
The Voice Of The Silence may provide reviews of products, services, or other resources on this Website Any such reviews will represent the good-faith opinions of the author of said review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review. Regardless of any such discounts, we will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on this Website
From time to time, we participate in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links. We will inform you when one of the links constitutes an affiliate link. You recognize and confirm that it remains your individual responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any of our recommendations, references, or information provided by The Voice Of The Silence but will instead conduct your own study and investigation and will rely upon the results of your own investigation to decide whether to purchase the affiliate product or service.
When we refer to other products, services, coaches, consultants, or experts, such a reference is not intended as an endorsement or statement that the information provided by the other party is accurate. We provide this information as a reference for users. It is the users’ personal responsibility to conduct their own investigation and make their own determination.
The Voice Of The Silence may post testimonials from clients and customers of the products and services offered on this Website The testimonials are actual statements made by clients or customers and have been truthfully conveyed on this Website
Although these testimonials are truthful statements about results obtained by the customers the results obtained by them should not be construed as necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website
WE MAKE NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, VIDEOS, AUDIOS, PICTURES, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation Of Liability
YOU AGREE TO ABSOLVE US OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR THE USE OF THIS WEBSITE.
THE INFORMATION, SOFTWARE, VIDEOS, AUDIOS, PICTURES, AND ANY OTHER PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME.
WE AD/OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Age Requirements for Access and Use of the Website
By accessing and using the Websites, you acknowledge that you are over the age of 18 and you are not a person barred from purchasing or receiving products and services, under the laws of the United Kingdom or other applicable jurisdictions. Registration, access to, and use of the Website are not available to users under the age of 18. We cannot prohibit minors from visiting our Website but Voice Of The Silence is not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Website
Preservation and Disclosure of Account Information and User Content
You acknowledge and agree that Voice Of The Silence may access, preserve and disclose your account information and User Content if required to do so by law.
Voice Of The Silence grants our customers a limited, personal, revocable, non-sublicensable license to use our products solely for your single, personal, non-transferable, and non-commercial use. All such use is subject to the terms and conditions set forth in this Agreement and may be terminated by Voice Of The Silence as set forth in this Agreement No commercial storage, use, reproduction, or transmission of any Site Content is permitted under any circumstances. The Website and the contents may not be used for any commercial purposes.
The headquarters of Voice Of The Silence are located in the United Kingdom. This Privacy and other Policy and Terms and Conditions as well as our legal obligations are subject to the laws of the United Kingdon, regardless of the location of any user or customer. Any claims or complaints must be filed in a court of competent jurisdiction in the United Kingdom.
Anti Spam Policy
We do not sell or provide email addresses to any unauthorized third party and do not authorize any third party or affiliate to misuse products or services created by or associated with the Voice Of The Silence in the spam or bulk emails. We prohibit the use of our Website and/or services in any manner associated with the transmission, distribution, or delivery of any unsolicited bulk or unsolicited commercial e-mail (iSpami). We do not authorize the harvesting, mining, or collection of e-mail addresses or other information from or through the Website
Buying VoiceoftheSilence.net NFTs.
All sales made through this Site, or any other sites are final, and your payment obligations are binding as soon as you authorize any purchase with your Wallet. Except as required by law, we do not and will not provide refunds. We accept payment in cryptocurrency only.
You represent, warrant, and covenant to us that your purchase of Site NFTs is and will remain solely for your personal use and enjoyment. You understand that buying a Site NFT is akin to buying a physical artwork and is not an investment in us or any other business, and you represent, warrant, and covenant to us that you have no expectation of profit based on any of our activities or those of any other business. You shall not promote or market any VoiceoftheSilence.net NFT as an investment in us or any other business, or otherwise state or suggest that potential buyers of Site NFTs may expect to profit from their purchase or sale of Site NFTs.
Site NFTs Acquired from Others. You agree to be bound by the Collector Terms with respect to any Site NFTs you may acquire from third parties. You also agree that, if the third party from whom you purchased the Site NFT fails to pay any amounts due to us in connection with the transfer to you, we may refuse to provide you with access to the Site until all such amounts have been paid.
Rules of Conduct.
While using the VoiceoftheSilence.net Site, you will comply with all applicable laws and regulations and your contractual obligations to third parties. You will not:
Post, transmit, or otherwise make available, through or in connection with the Site:
Any material that could give rise to criminal or civil liability.
Any virus, worm, Trojan horse, Easter egg, time bomb, malware, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, circumvent, or hijack the operation of, or to monitor the use of, any hardware, software or equipment (collectively, “Viruses”).
Use the Site for any fraudulent or unlawful purpose.
Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site (e.g., by “scraping”).
Impersonate any person or entity, including any of our representatives; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
Use or attempt to use another user’s account without authorization both from that user and from us.
Create user accounts, connect blockchain wallets to the Site, make purchases, or interact with the Site, in each case by automated means, scripts, or bots.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
Attempt to circumvent any content-filtering techniques or attempt to access any feature or area of the Site that you aren’t authorized to access.
Deploy or use any application that interacts with the Site without VoiceoftheSilence.net authorization.
Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
Reproduce, duplicate, copy, sell, resell, or otherwise use the Site for any purpose not expressly authorized in this Agreement including by exploiting for any commercial purpose any portion of, use of, or access to the Site.
Modify, adapt, translate, reverse engineer (except as expressly permitted by applicable law), decompile or disassemble any portion of the Site, or otherwise access or use the Site for purposes of creating a product or service that competes with any of our products or services.
Remove any copyright, trademark, patent or other proprietary rights notice from the Site or from materials originating from the Site.
Frame or mirror any part of the Site.
Systematically download and store Site content.
Use any bot, spider, Site search/retrieval application, or other manual Limitation Of Liability or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site. Notwithstanding the foregoing, we grant the operators of public search engines permission to use so-called “spiders” to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
Attempt to increase or otherwise manipulate the price of a Digital Item, for example, by bidding on Site NFTs that you own, buying or selling Site NFTs that you own (e.g., from one Wallet to another Wallet that you control), or making offers with no bona fide intent to purchase.
Engage in activity that artificially increases view counts, likes, or other metrics.
Use the Site to engage in any financial activity that requires registration or licensing.
You represent and warrant to us that neither you nor your financial institutions, nor any party that owns or controls you or your financial institutions, are: (a) subject to sanctions or designated on any list of prohibited or restricted parties, including lists maintained by the UK and U.S. Government, the European Union or its member states, the U.N. Security Council, or any other applicable government authority; or (b) located in any country to which the United States has embargoed goods or against which the United States has applied sanctions.
You are responsible for obtaining and maintaining all telecommunications, broadband, computer hardware, equipment, software, and services needed to access and use the Site and paying all related charges. Some features of the Site may be facilitated through third-party APIs. We have no control over and bear no responsibility for third-party APIs, and the Site may be impacted by third-party API issues, including outages of or changes to third-party APIs.
Our trade names, trademarks, service marks, trade dress, and other indicia of origin include VoiceoftheSilence.net and any associated logos (collectively, “Our Trademarks”). All trademarks and service marks on the Site other than Our Trademarks are the property of their respective owners. You may not use Our Trademarks, whether registered or unregistered, on or in connection with any product or service in any manner that is likely to cause confusion. The information and materials made available through the Site are and shall remain the property of VoiceoftheSilence.net. Our licensors (including Artists) and suppliers, and are protected by copyright, trademark, patent, or other proprietary rights and laws (such information and materials, including Our Trademarks, collectively “Our Content”). Subject to and conditioned on your compliance with this Agreement and solely for so long as we permit you to access and use the Site, you may view one copy of any of Our Content on any single computer or device solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Except as we expressly authorize in advance in writing, you shall not reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based upon (whether in whole or in part), all or any part of the Site or any materials made available through the Site (including Artworks). Nothing contained on the Site grants or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Our Content without our express prior written consent.
VoiceoftheSilence.net may store Artworks using our own or third-party platforms, such as the Interplanetary File System (“IPFS”). WE CAN’T AND DON’T GUARANTEE THAT ANY ARTWORK WILL REMAIN AVAILABLE ON IPFS OR ANY OTHER PLATFORM, AND WE WILL HAVE NO RESPONSIBILITY OR LIABILITY, NOR WILL COLLECTORS OR PURCHASERS HAVE ANY REMEDY, IF ANY ARTWORKS BECOME UNAVAILABLE. We recommend that you download the associated Artwork (provided that you have the right to do so) in case it becomes unavailable on the Site or through the applicable third-party platform. We also recommend that you use an IPFS pinning service to keep a copy of the Artworks corresponding to your Site NFTs to ensure their continued hosting on the IPFS servers.
Third-Party Payment Providers
VoiceoftheSilence.net may use third-party service providers to pay you or to enable you to pay us (such services, as “Payment Services”). By submitting your account information for use in connection with Payment Services, you agree that: (a) VoiceoftheSilence.net may store your information, and process your information with any such Payment Services; and (b) VoiceoftheSilence.net isn’t responsible or liable for any failures of any such Payment Services to protect such information adequately. The processing of payments will be subject to the terms, conditions, and privacy policies of such Payment Services, in addition to this Agreement You acknowledge that VoiceoftheSilence.net may change Payment Services and move your information to other third-party service providers from time to time. There may be fees associated with certain Payment Services, and you agree that you (and not we) will be responsible and liable for all such fees, including fees imposed on your transactions. You acknowledge and agree that we aren’t, and won’t be, responsible or liable for any Payment Service’s services, Site, acts, or omissions.
VoiceoftheSilence.net may provide links to other Websites and online resources. Because we have no control over such sites and resources, you acknowledge and agree that we aren’t responsible for the availability of such external sites or resources, and we neither endorse nor are responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. Other sites and services may provide links to the Site with or without our authorization. We don’t endorse such sites or services, and aren’t and will not be responsible or liable for any links from those sites or services to the Site, any content, advertising, products, or other materials available on or through such other sites or services, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES, SERVICES, AND RESOURCES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SERVICES, AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH SITES, SERVICES AND RESOURCES.
VoiceoftheSilence.net has the right, at any time and at its sole discretion, to block links to the Site or any content on the Site through technological or other means without prior notice.
VoiceoftheSilence.net may communicate and transact with you electronically. VoiceoftheSilence.net may provide you with notices by posting them to the Site, by email, or by postal mail, at our discretion. VoiceoftheSilence.net may also provide notices of changes to this Agreement or other matters by displaying such notices on the Site or by providing links to such notices on the Site. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We won’t be responsible for failures to fulfill any obligations due to causes beyond our control.
While we have designed the Site so that it may be used from virtually anywhere you can access the Internet, we can’t guarantee that the Site is appropriate for use everywhere. It is your (and not our) obligation to ensure that your use of the Site complies with applicable local laws.
This Agreement is effective until terminated. VoiceoftheSilence.net may, in its sole discretion, terminate this Agreement or terminate or suspend your access to or use of the Site, in each case, in whole or in part, and at any time and for any reason, including if it believes that you have violated or acted inconsistently with the letter or spirit of this Agreement Upon any such termination or suspension, your right to use the Site will immediately cease. You agree that any termination of this Agreement or termination or suspension of your access to or use of the Site may be effected without prior notice and that VoiceoftheSilence.net may immediately deactivate or delete your password and username, and any or all related information and files associated with it, or bar any further access to such information or files. You agree that we won’t be responsible or liable to you or any third party for any termination of this Agreement or termination or suspension of your access to the Site or to any such information or files and won’t be required to make such information or files available to you after any such termination or suspension.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE PROVIDE THE SITE TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. WE CAN’T AND DON’T GUARANTEE THAT ANY CONTENT OF, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH, THE SITE WILL BE FREE FROM VIRUSES AND/OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE ELEMENTS. IT IS YOUR RESPONSIBILITY TO IMPLEMENT APPROPRIATE SECURITY SAFEGUARDS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS AS TO THE SAFETY AND RELIABILITY OF YOUR USE OF THE SITE. OUR SERVICES RELY ON EMERGING TECHNOLOGIES, INCLUDING BLOCKCHAIN, CRYPTOCURRENCY, AND SMART CONTRACTS. SOME FEATURES ON THE SITE ARE SUBJECT TO INCREASED RISK THROUGH YOUR USE OR MISUSE OF TECHNOLOGIES SUCH AS PUBLIC-PRIVATE KEY CRYPTOGRAPHY. BY USING SUCH FEATURES, YOU ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS.
In addition, we are not responsible or liable for, and you assume all responsibility, liability, and risks associated with:
Any gain or loss in value of any Digital Items;
Acts or omissions of third parties, including Consensys Software Inc. (MetaMask’s licensor) or Interplanetary Networks, Inc.;
Problems caused by third-party software, hardware, technology, platforms, or services, including the Ethereum Blockchain, MetaMask, or the Interplanetary File System;
Artists or others minting on another platform another NFT associated with the same Artwork corresponding to a Site NFT; or
The transfer, loss, or inability to demonstrate ownership or control of, any NFT.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we don’t guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors, and materials that violate or conflict with this Agreement Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third-party alteration to the Site, please contact us with a description of the materials at issue and the URL or location on the Site where such materials appear.
Moreover, the Internet or portions thereof may be subject to security breaches and other potentially harmful events. We are not responsible for any damage to any computer, software, hardware, equipment, content, data, or other material resulting from any such security breach or harmful event, or from any virus, bug, line failure, defect, delay in operation, or transmission, deletion, error, fraud, interruption, omission, tampering, or unauthorized intervention, or any other technical or other malfunction.
You acknowledge and agree that you: (a) have received sufficient information to make an informed decision to buy the Site NFT, (b) have carefully considered the code of the Site NFTs’ smart contract and understand and accept its functions and risks; and (c) assume all risks associated with NFTs and other cryptographic tokens, including risks of (i) losing access to the token as a result of losing seed phrases, usernames, passwords, private keys or other account credentials, problems with digital wallets, or custodial or purchaser error, (ii) hacking and security weaknesses, including phishing, brute-force, birthday, denial-of-service, 51% and other attacks, (iii) unexpected surges in activity or other operational or technical difficulties, and (iv) legal or regulatory action, taxation, personal information disclosure, and other foreseeable and unforeseeable risks.
To the fullest extent permitted by law, you irrevocably and unconditionally release, acquit and discharge us and our successors and assigns from any and all past, present, and future claims, demands, damages, fees, costs, rights, and causes of action, known or unknown, suspected or unsuspected, disclosed or undisclosed, existing or contingent, direct or derivative, that have existed or may have existed, or that do exist, arising out of or related to (a) acts or omissions of third parties, including disputes between users, or (b) other matters for which you have agreed that we are not responsible or liable. In particular, you knowingly and voluntarily waive all rights and benefits that you may have as a result of Section 1542 of the California Civil Code, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
You shall indemnify and hold us harmless, and at our election defend us, from and against all third-party claims, demands, losses, liabilities, damages, costs, and expenses (including attorney’s fees) (collectively, “Claims”) arising from or related to (a) your access or use of, or activities in connection with, the Site (including Site NFTs, Artwork, Digital Items, and payments); (b) your violation of this Agreement any other policies posted on the Site, any applicable law or regulation or any agreement with any third party; or (c) any disputes between you and another user or any third party. You are solely responsible for your interactions with any other users in connection with the Site, including disputes, and we will have no liability or responsibility with respect thereto. We will control the defense and settlement of all such Claims, and you shall reasonably cooperate in such defense.
LIMITATION OF LIABILITY
WE WON’T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, WE WON’T BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY ANY OF US OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE THE TOTAL AMOUNT, IF ANY, THAT YOU’VE PAID VoiceOfTheSilence.net IN THE SIX MONTHS BEFORE YOUR CLAIM ACCRUED.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law. This Agreement is governed by and shall be construed in accordance with the laws of the United Kingdom without regard to any conflicts of law principles that would result in the application of the law of another jurisdiction.
Arbitration. Any dispute, controversy, or claim arising out of or relating to this Agreement whether under contract, tort, statute, or any other legal theory, or the breach, termination, or invalidity of this Agreement shall be finally settled by binding arbitration (“Arbitration”) administered by the UK Arbitration Association and conducted in accordance with the Commercial Arbitration Rules of the UK Arbitration Association then in force before one or more arbitrators appointed in accordance with such rules. The place of arbitration shall be London, United Kingdom. The Arbitration proceedings shall be confidential and in English. The award rendered by the arbitrator(s) shall be final and binding on all parties. Judgment on the award may be entered in any court of competent jurisdiction. Any Arbitration brought in connection with this Agreement will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. To the extent allowed under applicable law, you and we also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person’s account if we are a party to the proceeding. You are giving up your right to participate as a class representative or class member on any class claim you may have against us, including any right to class arbitration or any consolidation of individual arbitrations.
Time Limit on Claims.
Any arbitration must be noticed within one year after the applicable claim accrued. Otherwise, the claim will be permanently barred, which means that the aggrieved party (whether you or us) will not have the right to assert the claim.
Legal Age or Parental Consent. You represent and affirm that: (a) you’re of legal age to enter into this Agreement or (b) you’re the parent or legal guardian of a minor who is accessing and using the Site, and that you’ve consented to such access and use and agree to this Agreement You may not access or use the Site if you’re a minor and have not obtained your parent’s or legal guardian’s consent to access and use the Site. If you are a parent or legal guardian who has permitted a user under the age of legal majority to access or use the Site, you are fully responsible for the acts or omissions of such user in relation to the Site. Minors may not mint, purchase or sell NFTs. If you are under 18 years old, you may not access or use the Site.
Filtering: Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on Websites such as GetNetWise and OnGuard Online. We don’t endorse any of the products or services listed on such sites.
Using Site on Behalf of Another Entity: If you access or use the Site on behalf of another person or entity, (a) all references to “you” throughout this Agreement will include that person or entity, and (b) you represent and warrant that you are authorized to enter into this Agreement on that person’s or entity’s behalf, and (c) if you or that person or entity violates this Agreement both you and that person or entity shall be jointly and severally responsible for such violation, including for any obligation to indemnify us.
Third-party Beneficiaries: Except as otherwise expressly provided in this Agreement doesn’t create any third-party beneficiary rights in any individual or entity that isn’t a party to this Agreement.
Severability: If the application of any provision of this Agreement to any particular facts or circumstances shall for any reason be held to be invalid, illegal, or unenforceable by a court, arbitration panel, or another tribunal of competent jurisdiction, then (i) the validity, legality, and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of this Agreement shall not in any way be affected or impaired thereby; and (ii) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.
Relationship of Parties: This Agreement doesn’t, and won’t be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us.
Assignment: You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of their rights or obligations under this Agreement without restriction. Any attempt to assign this Agreement except as permitted under this section will be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s successors and permitted assigns.
No Waiver: No waiver by any party of any breach or default of this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default.
Headings & Interpretation: Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. “Including” means “including without limitation.”
Contact Us: If you have any questions regarding the Site or the meaning or application of this Agreement please direct such questions to our email. Please note that email communications won’t necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.
This Site and its contents ©2022 VoiceoftheSilence.net. All Artworks ©2022 VoiceoftheSilence.net or such other Artists as indicated on the Site. All rights reserved by VoiceoftheSilence.net and each Artist.
Collector Terms: These Collector Terms govern the rights of owners of non-fungible tokens minted on distributed digital ledgers or blockchains (“NFTs”) that contain or correspond to digital artworks (“Artworks”) created by VoiceoftheSilence.net or other artists (each, an “Artist). Such owners are referred to in these terms as “Collectors.”
If you mint or buy an NFT through the Site, you agree to be bound by these Collector Terms and the Terms of Service, and if you buy or otherwise receive such an NFT from a previous owner, your rights to the NFT and the corresponding Artwork are governed by these Collector Terms and the Terms of Service.
In these terms “we,” “us” or “our,” mean VoiceoftheSilence.net and its affiliates and its and their employees, officers, directors, shareholders, agents, representatives, licensors (including Artists), suppliers and service providers.
NFTs vs. Artworks: If you mint or buy an NFT through the Site, the blockchain will identify your public blockchain address as the owner of the NFT and you will receive a limited license to the corresponding Artwork as described in these Collector Terms. But other than that license, you do not have any rights in the Artwork, all the rights remain with and are reserved by us. For ease of reference, we refer to NFTs originally minted on or acquired through the Site or a Blockchain as “Site NFTs,” and a Site NFT together with the license rights in the corresponding Artwork as a “Digital Item.”
License to Artworks: Subject to and conditioned upon your compliance with these Collector Terms, for as long as you own a VoiceoftheSilence.net NFT, we grant you a limited, personal, non-exclusive, non-sublicensable, non-assignable (except pursuant to your transfer of the Site NFT), worldwide license to display and perform the corresponding Artwork uniquely identified by the Site NFT, solely and exclusively for personal, non-commercial use. We grant you no other rights, whether express or implied, with respect to any Digital Item (in whole or in part), all of which we reserve. In particular, you receive no rights under any patent, trademark, trade secret, or other intellectual property or proprietary right. This is true even if your exercise of any rights granted herein would be prevented, frustrated, or impaired without such a license.
Restrictions: You may not modify or prepare any derivative work based upon any Digital Item, or commercialize any Digital Item, in whole or in part, or anything including or embodying it. Your license doesn’t permit you to, and you won’t authorize, permit, or assist any third party to:
exercise any of the rights granted herein in any way that results in direct or indirect compensation, financial benefit, or commercial gain of any kind to you or any third party;
delete, remove or obscure any trademark notice, copyright notice, or other proprietary rights notice on or in any Digital Item;
register or attempt to register any trademark or copyright or otherwise acquire intellectual property rights in or to any Artwork;
exercise any of the rights granted herein to create, endorse, support, promote or condone any content, material, or speech that is defamatory, obscene, pornographic, indecent, abusive, offensive, harassing, violent, hateful, racist, discriminatory, inflammatory, or otherwise objectionable or inappropriate as we determine in our sole discretion;
use any Digital Item, in whole or in part, except as expressly authorized in these Collector Terms, or exercise any of the rights granted herein in any manner that violates applicable laws or regulations; or
use any Digital Item, in whole or in part, in connection with any product, service, business, lobbying effort, political campaign, or message, or in any manner that could suggest or imply our sponsorship, affiliation, or endorsement of any product, service, business, lobbying effort, political campaign, or message, or in any manner that is likely to cause confusion or dilute, blur or tarnish our rights in the Digital Item. Any use of a Digital Item, including any goodwill generated by such use, will inure to our benefit.
Other Prohibitions: You won’t (a) create, offer for sale, or sell fractionalized interests in any Digital Item, (b) separate, unlink, or decouple any Artwork from the corresponding Site NFT, or (c) use any Digital Item to create, offer for sale, advertise, promote, or sell anything, including any other NFT.
Transferring Digital Items: Unless you are otherwise prohibited from doing so, you may transfer a Site NFT together with the license to its corresponding Artwork to a third party, provided that:
before making the transfer, you provide written notice to the intended transferee (i) of these Collector Terms and (ii) that their exercise of rights in the Digital Item is and will remain subject to and conditioned upon these Collector Terms (which notice may be provided in the sales listing for the Digital Item);
you make the transfer on a platform that (i) verifies that the blockchain identifies your public blockchain address as the owner of the corresponding Site NFT and (ii) conforms to the highest industry standards and customs regarding royalty collection and payment;
the transfer complies with applicable laws and regulations, and with the terms of the platform on which you effect the transfer; and
you pay (or cause to be paid) the applicable royalty in accordance with the Section below.
Royalty: When you transfer any Digital Item, you shall pay us (or cause to be paid to us) a royalty equal to the amount paid by the transferee (without deductions of any kind) multiplied by 7.5 (seven-point five) percent. The platform on which you make the transfer may automatically collect and pay us the royalty, which payment would fulfill your obligation to pay the applicable royalty. You shall pay all fees (e.g., “gas,” platform fees) and taxes (other than taxes on our net income) associated with the transfer and won’t deduct any such amounts from the applicable royalty. You shall pay all such amounts to an account or blockchain address that VoiceoftheSilence.net designates, either in ETH or other cryptocurrencies acceptable to us. IF YOU OBTAIN A DIGITAL ITEM FROM A THIRD PARTY WHO HAS NOT PAID THE ROYALTY DUE IN CONNECTION WITH SUCH TRANSFER, YOU OBTAIN NO LICENSE TO CORRESPONDING ARTWORK, (AND FOR CLARITY, THE LICENSE DOES NOT APPLY TO YOU WITH RESPECT TO THE CORRESPONDING ARTWORK) UNLESS AND UNTIL YOU HAVE PAID US (OR CAUSED TO BE PAID TO US) SUCH ROYALTY.
Digital Items Are Not Securities: SITE NFTS, ARTWORKS, AND DIGITAL ASSETS ARE INTENDED FOR YOUR PERSONAL USE AND ENJOYMENT. YOU SHOULD NOT PURCHASE THEM WITH AN EXPECTATION OF PROFIT, AND WE WILL HAVE NO OBLIGATION TO TAKE ANY ACTION OR MAKE ANY EFFORTS TO CREATE OR ENHANCE THEIR VALUE.
Termination: If you breach these Collector Terms, the Terms of Service, or any other policies posted on the Site, your rights to any Digital Items, including the rights to display and perform corresponding Artworks, will immediately terminate without notice. VoiceoftheSilence.net may reinstate your rights by providing you with written notice of such reinstatement if we, in its sole discretion, (a) conclude that you have cured the breach (if capable of cure), or (b) waives the breach. We may disable functionality for the affected Digital Items on the Site and on third-party sites, apps, platforms, and services, including by prohibiting third-party sites, apps, platforms, and services from retrieving or displaying any corresponding Artwork, and take other steps to prevent unauthorized use of Digital Items. We won’t have any obligation or liability to you for taking such actions, and you won’t interfere or attempt to interfere with them.
CONTACT US: email@example.com