LIVE9000 LLC d/b/a MILLION TOKEN WEBSITE (“MILLION TOKEN WEBSITE,” “we,” “us,” “our”) provides its marketplace and services (described below) to you (“you” or “User") through its website, platform, and marketplace located at www.milliontokenwebsite.com (the “Platform”), subject to the following Terms of Service. By signing up for an account on the Platform or otherwise using or accessing the Platform, you acknowledge that you have read and agree to these Terms. The Privacy Policy and all such additional terms, guidelines, and rules as set forth on the Platform are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by the User.
PLEASE READ THESE TERMS OF PLATFORM CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST MILLION TOKEN WEBSITE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
We reserve the right, at our sole discretion, to modify portions of these Terms of Service at any time. If we do this, we will post the changes on the top of this page and will the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Platform will be effective immediately. Your continued use of the Platform after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
MILLION TOKEN WEBSITE is a platform for creators (“Creators”) to purchase 5x5 pixel plots (“LAND”) in a defined visual space hosted by MILLION TOKEN WEBSITE, which LAND Creators can modify, effectively adding their own content, and ownership of which can be transferred as non-fungible Ethereum-based tokens (“Land Content”). A total of 40,000 Plots are for sale by the Platform, each represented by a non-fungible token (“NFT”).
Each plot on the MILLION TOKEN WEBSITE exists within a 1000x1000 pixel canvas, and the ownership of each plot is associated with an NFT, hosted on the Ethereum blockchain, that when purchased for Ethereum Coins, transfers ownership from MILLION TOKEN WEBSITE to the Creator, via a Smart Contract, to the Creator’s Ethereum Wallet Address.
Smart-Contracts. The Plots/Digital Land (“LAND”, “Land Content”) on MILLION TOKEN WEBSITE purchased by Creators is represented on smart contracts on the Ethereum blockchain that provide an immutable ledger of all transactions that occur on MILLION TOKEN WEBSITE (“Smart Contracts”). This means that, once sold to a Creator, all LAND is no longer controlled by MILLION TOKEN WEBSITE, except the to the extent that MILLION TOKEN WEBSITE reserves all rights to delete content that is illegal, and the LAND is accordingly subject to risks and uncertainties. We neither own nor control MetaMask, the Ethereum network, your browser, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. The Creator understands that your Ethereum public address will be made publicly visible whenever you engage in a transaction on the Platform.
Custody. While MILLION TOKEN WEBSITE offers a marketplace for LAND, it does not buy, sell, or ever take custody or possession of any Creator content placed on the LAND. The Platform facilitates the display of Creator-supplied content on the land/plots, but neither MILLION TOKEN WEBSITE nor the Platform are custodians of any Digital Artwork. The User understands and acknowledges that the Smart Contracts do not give MILLION TOKEN WEBSITE custody, possession, or control of any LAND content or cryptocurrency at any time for the purpose of facilitating transactions on the Platform. You affirm that you are aware and acknowledge that MILLION TOKEN WEBSITE is a non-custodial service provider and has designed this Platform to be directly accessible by the Users without any involvement or actions taken by MILLION TOKEN WEBSITE or any third-party. As a marketplace, MILLION TOKEN WEBSITE cannot make any representation or guarantee that Creators will achieve any particular outcome as the result of listing their content on MILLION TOKEN WEBSITE.
Your Registration Obligations: Anyone can browse MILLION TOKEN WEBSITE without registering for an account. You may be required to register with MILLION TOKEN WEBSITE in order to access and use certain features on the Platform, such as participating as a Creator. If you choose to register for the Platform, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by our registration form. Registration data and certain other information about you are governed by our Privacy Policy. You must be at least 13 years old to register for an account as a Creator. If you are between 13 and 18 years old, you must have the expressed permission of a parent or legal guardian who can accept these Terms on your behalf. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account.
Creator Account, Password, and Security: You are responsible for maintaining the confidentiality of your Ethereum account and private keys, if any, and are fully responsible for any and all activities that occur under your account. You agree to (a) immediately notify MILLION TOKEN WEBSITE of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing MILLION TOKEN WEBSITE. MILLION TOKEN WEBSITE will not be liable for any loss or damage arising from your failure to comply with this Section. In order to participate as a Creator, you must connect to a browser extension called MetaMask. MetaMask is an electronic wallet which allows you to purchase, store, and engage in transactions using the native Ethereum cryptocurrency, ETH. All transactions on MILLION TOKEN WEBSITE are in the native Ethereum cryptocurrency, ETH.
Modifications to the Platform: MILLION TOKEN WEBSITE reserves the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that MILLION TOKEN WEBSITE will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform.
When using MILLION TOKEN WEBSITE, no User is allowed to:
Creator/Land Owner Rights
The Creator owns all legal right, title, and interest in all intellectual property rights in the content they put on their LAND minted by the Creator on the Platform, including but not limited to copyrights and trademarks. As the copyright owner, the Creator has the right to reproduce, prepare derivative works, distribute, and display or perform their LAND’s content.
The Creator hereby acknowledges, understands, and agrees that adding content or Digital Artwork to the LAND on MILLION TOKEN WEBSITE constitutes an express and affirmative grant to MILLION TOKEN WEBSITE, its affiliates and successors a non-exclusive, world-wide, assignable, sublicensable, perpetual, and royalty-free license to make copies of, display, perform, reproduce, and distribute the content or Digital Artwork on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising the Platform, or any other purpose related to MILLION TOKEN WEBSITE, including without limitation, the express right to: (i) display the LAND content on the Platform, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) create and distribute digital or physical derivative LAND content based on the Digital Artwork; (iii) indexing the LAND content in electronic databases, indexes, catalogues; and (iv) hosting, storing, distributing, and reproducing one or more copies of the LAND content within a distributed file keeping system, node cluster, or other database (e.g., IPFS) or causing, directing, or soliciting others to do so.
Creators expressly represent and warrant that their Land content displayed on MILLION TOKEN WEBSITE contains only original content or content otherwise authorized for use by the Creator, and does not contain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Creator, not authorized for use by the Creator, not in the public domain, or otherwise without a valid claim of fair use, the Creator further represents and warrants that it has permission to incorporate the unoriginal content.
Platform Content, Software and Trademarks: You acknowledge and agree that the Platform may contain content or features (“Platform Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by MILLION TOKEN WEBSITE, you agree not to modify, copy the Platform or its source code.. If you are blocked by MILLION TOKEN WEBSITE from accessing the Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Platform, LAND, or the Platform Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Platform or distributed in connection therewith are the property of MILLION TOKEN WEBSITE, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by MILLION TOKEN WEBSITE.
Third Party Material: Under no circumstances will MILLION TOKEN WEBSITE be liable in any way for any content or materials of any third parties (including Users/Creators), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that MILLION TOKEN WEBSITE does not pre-screen content, but that MILLION TOKEN WEBSITE and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Platform. Without limiting the foregoing, MILLION TOKEN WEBSITE and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Platform, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content and the purchase of any LAND.
Any questions, comments, suggestions, ideas, feedback or other information about the Platform (“Submissions”), provided by you to MILLION TOKEN WEBSITE are non-confidential and MILLION TOKEN WEBSITE will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
MILLION TOKEN WEBSITE may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MILLION TOKEN WEBSITE, its users and the public. You understand that the technical processing and transmission of the Platform, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: MILLION TOKEN WEBSITE will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to MILLION TOKEN WEBSITE’s Copyright Agent [email protected]Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, MILLION TOKEN WEBSITE will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, MILLION TOKEN WEBSITE has adopted a policy of terminating, in appropriate circumstances and at MILLION TOKEN WEBSITE's sole discretion, Users who are deemed to be repeat infringers. MILLION TOKEN WEBSITE may also at its sole discretion limit access to the Platform and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement
MILLION DOLLAR WEBSITE FEES
Fees. MILLION TOKEN WEBSITE sells Plots/Digital Land in minimum 1 (One) 5x5 pixel plot. Land is sold for Ethereum digital currency.
Gifting. MILLION TOKEN WEBSITE reserves the right to gift unsold LAND to anyone.
Taxes. Users are responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, “associated with your use of MILLION TOKEN WEBSITE (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, sale of LAND or creation of any content).
Indemnity and Release: You agree to release, indemnify and hold MILLION TOKEN WEBSITE and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Platform, any User or Creator content, your connection to the Platform, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties: Platform transactions, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky and may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain (i.e., "forks"), which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or Digital LAND, or lost opportunities to buy or sell Digital LAND. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MILLION TOKEN WEBSITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MILLION TOKEN WEBSITE MAKES NO WARRANTY THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (II) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, PLATFORMS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT MILLION TOKEN WEBSITE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, LOSS IN VALUE OF ANY DIGITAL ARTWORK, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MILLION TOKEN WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PLATFORM; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PLATFORMS RESULTING FROM ANY DIGITAL ARTWORK, GOODS, DATA, INFORMATION OR PLATFORMS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (V) ANY OTHER MATTER RELATING TO THE PLATFORM. IN NO EVENT WILL MILLION TOKEN WEBSITE’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MILLION TOKEN WEBSITE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM OR WITH THESE TERMS OF PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
You agree that MILLION TOKEN WEBSITE, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Platform and remove and discard any content within the Platform, for any reason, including, without limitation, for lack of use or if MILLION TOKEN WEBSITE believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Platform, may be referred to appropriate law enforcement authorities. MILLION TOKEN WEBSITE may also in its sole discretion and at any time discontinue providing the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Platform under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that MILLION TOKEN WEBSITE may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform. Further, you agree that MILLION TOKEN WEBSITE will not be liable to you or any third party for any termination of your access to the Platform.
You agree that you are solely responsible for your interactions with any other Users in connection with the Platform and MILLION TOKEN WEBSITE will have no liability or responsibility with respect thereto. MILLION TOKEN WEBSITE reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Platform.
These Terms of Service constitute the entire agreement between you and MILLION TOKEN WEBSITE and govern your use of the Platform, superseding any prior agreements between you and MILLION TOKEN WEBSITE with respect to the Platform. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth below, you and MILLION TOKEN WEBSITE agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of MILLION TOKEN WEBSITE to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to 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. You may not assign this Terms of Service without the prior written consent of MILLION TOKEN WEBSITE, but MILLION TOKEN WEBSITE may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Platform may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.
For details please see our Privacy Policy. By using the Platform, you consent to our collection and use of personal data as outlined therein.
Under California Civil Code Section 1789.3, users of the Platform from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Platforms of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at LIVE9000 LLC, 2300 West Sahara Avenue, Suite 800, Las Vegas, NV, 89102, United States of America, or at 302-469-7040.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.