Your access to and use of PORTAL POINT NFTs and any associated NFT Art is at your own risk. You understand and agree that PORTAL POINT NFTs and NFT Art are provided to you on an “as is” and “as available” basis.
To the fullest extent permitted by applicable law, Pointgrow, its parent companies, affiliates, officers, directors, employees, agents, partners, and licensors (collectively, the “Pointgrow Entities”) disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Pointgrow Entities make no guarantees or representations and explicitly disclaim responsibility for:
- (a) the completeness, accuracy, availability, timeliness, originality, security, or reliability of any PORTAL POINT NFT or NFT Art;
- (b) the operation, compatibility, or interoperability with any other application, platform, device, blockchain, digital wallet, or marketplace;
- (c) whether PORTAL POINT NFTs or NFT Art will meet your expectations, or be uninterrupted, secure, or error-free;
- (d) any loss, deletion, or failure to store or transmit your PORTAL POINT NFT or associated data.
PORTAL POINT NFTs are intended solely for personal enjoyment and consumer use. They are not “securities” as defined under the U.S. Securities Act of 1933 (as amended), the Securities Exchange Act of 1934, the Investment Company Act of 1940, or any similar federal or state laws.
Limitation of Liability
To the fullest extent permitted by applicable law, you agree that under no circumstances shall the Pointgrow Entities be liable for:
- (a) any indirect, special, incidental, consequential, exemplary, or punitive damages (including, without limitation, costs of substitute goods or services, loss of profits, data, usage, or business interruption), regardless of the legal theory and even if Pointgrow Entities were advised of the possibility of such damages;
- (b) any other claims or damages arising out of or related to this License or your access to, use of, or inability to use PORTAL POINT NFTs or NFT Art.
The maximum aggregate liability of the Pointgrow Entities for all claims and damages shall be the greater of:
(i) $1,000 USD, or
(ii) the total amount you paid directly to Pointgrow for the PORTAL POINT NFT.
Some jurisdictions (e.g., New Jersey) do not allow certain exclusions or limitations of liability, so the above may not apply to you.
Indemnification
By accepting this License and accessing or using PORTAL POINT NFTs or NFT Art, you agree to defend, indemnify, and hold harmless the Pointgrow Entities from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising from or related to:
- (i) your violation of this License or any applicable law;
- (ii) your infringement of any third-party rights;
- (iii) your access to or use of PORTAL POINT NFTs or NFT Art;
- (iv) any modifications, adaptations, or derivative works you create based on the NFT Art;
- (v) any fraudulent, negligent, or willful misconduct by you.