SilentBerry Terms of Service
Last updated: September 20, 2024
Welcome to the SilentBerry platform, a brand under SisuRace Oy (hereinafter referred to as "Company"). Before registering as a SilentBerry user, please carefully read and understand the following terms of agreement. By registering, you agree to comply with all terms of this agreement.
Main Service Content
SilentBerry is a decentralized publishing and distribution platform where users can purchase, transfer, and upgrade book copyright revenue rights through the platform. The services provided by the platform include, but are not limited to:
Purchasing book copyright revenue rights NFTs (such as Golden Berry, Silver Berry, Bronze Berry, Blueberry)
Obtaining rights to print e-books and physical books
Participating in various activities and services provided by the platform, etc.
Introduction
Welcome to SilentBerry.co, owned and operated by SisuRace Oy (“SilentBerry,” “we,” or “us”). These Terms of Service ("Terms") govern your access to and use of the SilentBerry website and any real-time support, software, tools, features, or functionalities related to our services, including but not limited to, using our services to view, explore, help showcase, and create NFTs, as well as using our tools to directly connect with others to mint, buy, sell, or transfer NFTs on public blockchains (“Services”). In these Terms, “NFTs” refer to non-fungible tokens or similar digital items on a blockchain (such as the Ethereum blockchain) that use smart contracts to link or otherwise associate with certain content or data.
For the purposes of these Terms, "user", "you", and "your" refer to you as a user of the Services. If you are using the Services on behalf of a company or other entity, "you" includes both you and the entity, and you represent and warrant that (a) you are an authorized representative of the entity and have the authority to bind the entity to these Terms, and (b) you agree to these Terms on behalf of the entity.
Please read these Terms carefully as they contain important information and affect your legal rights. They include a mandatory arbitration agreement and a class action waiver that requires any dispute between us to be resolved through individual arbitration, not by a judge or jury in court (except for limited exceptions as described below).
By clicking accept, signing, and/or using our Services, you agree to be bound by these Terms and any other terms incorporated by reference. If you do not agree to these Terms, you may not access or use the Services.
SilentBerry is not a wallet provider, financial institution, payment processor, currency service company, or creditor. SilentBerry offers peer-to-peer Web3 services to help users discover and directly interact with each other and NFTs available on public blockchains. To use our Services, you must use third-party services that enable transactions.
SilentBerry is not a party to any agreement between users. You are responsible for verifying the identity, legality, and authenticity of NFTs purchased from third-party sellers using the Services, and we make no representations, warranties, or endorsements about the identity, legality, functionality, or authenticity of users or NFTs visible on the Services (or any related content).
As our Services evolve, we may need to provide additional terms for specific services (such services are considered part of the "Services" under this agreement and are subject to these Terms). If there is a conflict between these Terms and any additional terms for a specific service, the additional terms will apply to that specific service.
SilentBerry reserves the right to modify or amend these Terms at any time at its sole discretion. If we make material changes to these Terms, we will make reasonable efforts to notify you, such as by posting a notice through the Services or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Services, you acknowledge that you accept the revised Terms and all terms incorporated by reference, effective as of the update date. It is your responsibility to review these Terms from time to time and to be aware of any changes to the applicable terms and conditions when you access or use the Services.
Accessing the Services
As with most Web3 functionalities, your blockchain address serves as your identity on SilentBerry. Therefore, you will need a blockchain address and a third-party wallet to access the Services. Your account on SilentBerry (“Account”) will be associated with your blockchain address; however, if you want to add some flair to your SilentBerry persona, you can add additional information, such as a profile picture, to your Account.
If you do not have a blockchain address and a third-party wallet, SilentBerry will store your NFTs in your personal SilentBerry account, and you can transfer your NFTs to your third-party wallet at any time.
Your Account on SilentBerry will be linked to your associated blockchain address and will display the NFTs associated with that blockchain address (and any content associated with such NFTs, if applicable). By linking a wallet to use the Services, you agree that your use of the wallet is subject to the applicable terms and conditions of the wallet provider. Wallets are not operated, maintained, or affiliated with SilentBerry, and SilentBerry does not hold or control the contents of your wallet, nor can it retrieve or transfer its contents. SilentBerry bears no responsibility or liability for your use of the wallet or how the Services operate with any particular wallet.
You are solely responsible for ensuring the security of your wallet, and you should never share your wallet credentials or seed phrases with anyone. If you experience any issues with your wallet, you should contact your wallet provider. Similarly, you are fully responsible for your Account and any related wallets, and we are not liable for any acts or omissions relating to your Account or wallet or any actions or omissions resulting from your Account or wallet being compromised. You agree to notify us immediately if you become aware of any security issues related to the Services or your Account.
You further represent and warrant that you will comply with all applicable laws related to your use of the Services (e.g., EU laws, Finnish laws, and other laws). To fulfill our legal obligations and ensure the safety of our users and the platform, we may need to restrict, suspend, or terminate your access to the Services. You acknowledge that SilentBerry has no obligation to disclose the details behind its decision to take such action.
Without limiting the foregoing, by using the Services, you represent and warrant that: if you access or use the Services, you are solely responsible for ensuring that your access and use of the Services in that country, region, or jurisdiction does not violate any applicable laws.
SilentBerry may, in some instances, require you to provide additional information and documentation, such as in response to requests from government agencies, any applicable law or regulation, or to provide you with the requested Services or investigate potential violations of these Terms. In such cases, SilentBerry may, in its sole discretion, disable your Account and block your access to the Services until SilentBerry has processed such additional information and documentation. If you do not provide complete and accurate information in response to such requests, SilentBerry may refuse to restore your access to the Services.
Your access to and use of the Services may be interrupted from time to time for various reasons, including, but not limited to, equipment failure, periodic updates, maintenance or repairs, geographic restrictions, potential violations of these Terms, or other actions that SilentBerry, in its sole discretion, may take. You understand that SilentBerry may, in its sole discretion, disable your Account and/or reassign your username or associated URL.
We require all users to be at least 18 years old. If you are at least 13 but under 18, you may only use SilentBerry through a parent or guardian’s account and with their approval and supervision. The account holder is responsible for your actions when using the account. If you are under 13, you are prohibited from using our Services.
Ownership
The Services, including their "look and feel" (e.g., text, graphics, images, logos, page headers, button icons, URLs, and scripts), proprietary content, information, and other materials, as well as all content and other materials contained in the Services, including, but not limited to, the SilentBerry logo and all designs, text, graphics, images, data, software, sound files, other files, and the selection and arrangement thereof, are the proprietary property of SilentBerry or our affiliates, licensors, or users (as applicable), and you agree not to take any action inconsistent with such ownership interests. We and our affiliates, licensors, and users (as applicable) reserve all rights related to the Services and their content, including, but not limited to, the exclusive rights to create derivative works.
The name SilentBerry, the SilentBerry logo, and any SilentBerry product or service names, designs, logos, and slogans are the intellectual property of SilentBerry or our affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any metatags or other "hidden text" utilizing "SilentBerry" or "SisuRace" or any other name, trademark, or product or service name of our affiliates or licensors without our prior written permission. Furthermore, the "look and feel" of the Services constitutes SilentBerry's service mark, trademark, or trade dress and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
All other third-party trademarks, registered trademarks, and product names mentioned in the Services or displayed in connection with the Services or any NFTs linked to or associated with the content in the Services are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property holder. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by SilentBerry.
We welcome feedback, comments, and suggestions for improvements to the Services ("Feedback"). You acknowledge and expressly agree that any contribution of Feedback will not and does not give you any rights, ownership, or interest in any part of the Services or any Feedback. You agree that SilentBerry may use and disclose Feedback in any manner and for any purpose without further notice or compensation to you, and you retain no proprietary or other rights or claims. You hereby assign to SilentBerry any and all rights, title, and interest (including, but not limited to, any patents, copyrights, trade secrets, trademarks, technical presentations, proprietary technology, moral rights, and any and all other intellectual property rights) you may have in any Feedback.
SilentBerry does not own, custody, or control any NFTs or smart contracts deployed by third parties. The creators of those NFTs or smart contracts are solely responsible for their operation and functionality.
License to Access and Use Our Services and Content
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Services, subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled, or licensed to us are distributed or made available to you as part of your use of the Services, we grant you a non-commercial, personal, non-transferable, non-sublicensable, and non-exclusive right and license to access and display such software, content, and materials made available to you as part of the Services (and to download a single copy of the application to your applicable device or devices), solely for your use in connection with your permitted use of the Services, provided that your license to any content linked to or associated with any NFTs is only as set forth by the applicable seller or creator of such NFTs.
Third-Party Content, Agreements, and Services
As a peer-to-peer Web3 service, SilentBerry may help you discover NFTs created by third parties and interact with different blockchains. SilentBerry makes no representations or warranties regarding any third-party content (including any content associated with NFTs displayed on the Services), and you are responsible for verifying the legality, authenticity, and legality of NFTs purchased from third-party sellers. We also cannot guarantee that any NFTs visible on SilentBerry will remain visible and/or available for purchase, sale, or transfer. Users are fully responsible for any content associated with their NFTs.
These Terms govern only your use of our Services. NFTs are available on public blockchains and are directly bought, sold, or transferred between buyers, sellers, and/or creators, who may buy, sell, or transfer NFTs without using our Services and without agreeing to our Terms. Buyers, sellers, and/or creators may directly create terms and conditions applicable to the NFTs themselves, including terms and conditions regarding the use of NFT content and rights and obligations related to the NFTs ("NFT Terms"). For example, when you click to obtain more details about any NFTs or NFT collections visible on SilentBerry or view NFT metadata, you may notice third-party links to the NFT Terms governing the use of the NFTs, and you will need to comply with those terms. SilentBerry does not establish NFT Terms and is not a party to any such NFT Terms, which are created solely between buyers, sellers, and/or creators. Buyers, sellers, and/or creators are fully responsible for communicating, enacting, agreeing to, and enforcing NFT Terms. You are responsible for reviewing such NFT Terms.
Sellers are solely responsible for determining and establishing the price of NFTs (including any applicable taxes). Additionally, to the extent applicable, sellers are also solely responsible for determining the minting quantity and minting mechanism for their NFTs.
SilentBerry may charge certain fees for its Services. SilentBerry does not set, charge, or determine any additional applicable costs, fees, or expenses associated with purchasing and selling NFTs, including, but not limited to, any creator income, gas, or transaction fees. These costs, fees, and expenses are paid directly to sellers, creators, payment processors, blockchain validators, or other third parties (as applicable). As SilentBerry does not collect these costs, fees, and expenses, they are non-refundable.
The Services may also include links or features that enable access to or use of third-party websites ("Third-Party Websites") and applications ("Third-Party Applications"), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties ("Third-Party Materials"). When you click on a link or access and use Third-Party Websites or Third-Party Applications, even though we may not warn you that you have left our Services, you are still subject to the terms and conditions (including privacy policies) of those other websites or destinations. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under SilentBerry's control and may be "open" applications without recourse. SilentBerry is not responsible for any Third-Party Websites, Third-Party Applications, or Third-Party Materials. SilentBerry provides these links to Third-Party Websites and Third-Party Applications as a convenience to users and does not review, approve, monitor, endorse, guarantee, or make any representations with respect to Third-Party Websites, Third-Party Applications, or the products or services offered or provided by third parties. You use all links to Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.
User Conduct
Openness is one of our most cherished values, and we are committed to providing a vibrant diversity of perspectives for people of all walks of life and experience levels to explore different book NFTs. However, to protect our community and meet our legal obligations, we reserve the right to take action if we, in our sole discretion, believe you have violated these Terms or may use our Services for illegal activities, with or without prior notice. This may include removing or restricting your ability to view or interact with certain NFTs, disabling or restricting your ability to use the Services (or certain aspects of the Services), and/or other actions.
You agree that you will not violate any laws, contracts, intellectual property rights, or other third-party rights, and that you are solely responsible for your conduct and content while using the Services. You also agree that you will not:
Use or attempt to use another user’s account without authorization from that user;
Impersonate any person or entity, or use a wallet to conduct transactions on SilentBerry owned or controlled in whole or in part by any other person;
Claim SilentBerry usernames for the purpose of reselling, confusing others, deriving others' goodwill, or otherwise squat on SilentBerry usernames;
Access the Services from a different blockchain address if we have blocked any of your other blockchain addresses from accessing the Services unless you have our written permission beforehand;
Spam other users, including sending them unwanted NFTs;
Use the Services in any manner that could damage, disable, overburden, or impair the functioning of the Services, including by disseminating any software or interacting with any API;
Circumvent or attempt to circumvent instructions that control access to the Services, including attempting to bypass any rate-limiting systems, routing traffic through multiple IP addresses, or otherwise obscuring the source of traffic you send to SilentBerry;
Use our Services in a manner inconsistent with our developer policies, including our API;
Use our Services for commercial purposes inconsistent with these Terms or any other instructions;
Use any unauthorized means, including data mining, robots, spiders, crawlers, scrapers, scripts, browser extensions, offline readers, or other automated means or interfaces to access the Services, extract data, or otherwise interfere with or modify how the Services are rendered or displayed;
Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area, or Service code;
Sell or resell the Services or attempt to circumvent any SilentBerry fee system;
Engage in any behavior designed to artificially cause an item or collection to appear at the top of the SilentBerry website or search results or artificially inflate view counts, favorites, or other metrics SilentBerry may use to display or sort items, collections, or search results;
Use the Services or data collected from our Services for any advertising or direct marketing activity (including but not limited to email marketing, SMS marketing, and telemarketing);
Use the Services for any money laundering, terrorist financing, or other illicit financial activities, or in any way that involves, directly or indirectly, violating any applicable laws or regulations;
Use the Services for any financial activity requiring registration or licensing, including but not limited to creating, offering, selling, or buying securities, commodities, options, or debt instruments;
Use the Services to create, sell, or buy NFTs or other items that give the owner rights to participate in ICOs or any securities offerings or that are redeemable for securities, commodities, or other financial instruments;
Engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activities in connection with the Services;
Use the Services to buy, sell, or transfer stolen items, fraudulently obtained items, unlawfully taken items, and/or any other illegal items;
Infringe or violate the intellectual property rights or any other rights of others;
Create, display, buy, or sell illegal content, such as content that may involve child sexual exploitation;
Create or display NFTs or other items that promote suicide or self-harm, incite hate or violence against others, or attack others;
Use the Services for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates these Terms;
Use a wallet involved in any illegal activities or containing the proceeds of illegal activities for the Services;
Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services.
We allow users to post “Not Safe For Work” (“NSFW”) content, but such content and other related materials may be flagged as NSFW, and may be treated differently in navigation menus and search results than non-NSFW content.
Lastly, by using our Services, you understand the importance of DYOR—Do Your Own Research. You are solely responsible for verifying the authenticity, legality, identity, and other details of any NFTs, collections, or accounts you view or interact with while using our Services. We make no representations, warranties, or endorsements about the identity, legality, or authenticity of any NFTs, collections, or accounts visible on our Services.
Intellectual Property
You are solely responsible for your use of the Services and any information you provide, including compliance with applicable laws, rules, and regulations, and these Terms, including the user behavior guidelines outlined above.
You represent and warrant that for any content you create, submit, post, promote, or display on or through the Services, you own or have obtained all rights, licenses, consents, permissions, authority, and/or approvals necessary to grant the rights granted herein.
You are fully responsible for any content and metadata associated with the NFTs you create. You represent and warrant that such content does not contain material protected by copyright, trademark, right of publicity, or other intellectual property rights unless you have the necessary licenses or otherwise have the legal right to publish the material and grant SilentBerry the above license, and that the content does not violate any law.
By combining your use of the Services with the creation, submission, posting, promotion, or display of content, or by complying with SilentBerry's metadata standards in metadata API responses, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, reproduce, modify, and display any content, including, but not limited to, text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or other content, that you may submit or post on or through the Services, for our current and future business purposes, including providing, promoting, and improving the Services. This includes any digital files, artworks, or other materials linked to or associated with any NFTs displayed on the Services.
SilentBerry will remove works subject to DMCA takedown notices and/or other intellectual property infringement claims, and SilentBerry will terminate access to the Services for users who are determined to be repeat infringers. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or if your right of publicity or other intellectual property rights have been violated, please contact us at:
Email: copyright@SilentBerry.co
To facilitate the processing of your claim regarding infringing content on the Services, you must be the intellectual property owner or an authorized agent acting on behalf of the intellectual property owner. Your notice must include:
1. Identification of the copyrighted work, trademark, right of publicity, or other intellectual property right that you claim has been infringed;
2. Identification of the allegedly infringing material you are asking to be removed, including a description of where the infringing material is located on the Services (i.e., URL) so that we can locate the material;
3. Your contact information—at a minimum, your full name (not a pseudonym) and email address;
4. Statements including all of the following:A statement that you have a good faith belief that the use of the material you are complaining about is not authorized by the intellectual property owner, its agent, or the law;
a. A statement that the information contained in your notice is accurate; and
b. A statement that you are authorized to act on behalf of the owner of the intellectual property that has been allegedly infringed, under penalty of perjury.
5. Your physical or electronic signature (your full name).
Please note that we may forward your intellectual property infringement notice (including your contact information) to the party who posted the content at issue so they understand why the content is no longer available on SilentBerry and can contact you to resolve any disputes.
Communication Preferences
By creating an account, you agree to receive electronic communications from SilentBerry (e.g., via email, push notifications, SMS, or other types of messages). These communications may include notices about your account (e.g., transaction information) and are part of your relationship with us. We may also send you promotional information via email that we believe may interest you. You understand that you do not need to provide this consent as a condition of using the Services, and you may opt out of receiving such communications through the Services or by following the unsubscribe instructions provided, except for important service announcements and administrative messages.
Application Terms
You are responsible for providing the mobile device, wireless service plan, software, internet connection, and/or other equipment or services needed to download, install, and use the application. We do not guarantee that the application can be accessed or used on any particular device or under any specific service plan. We also do not guarantee that the application or Services will be available in any specific geographic location.
Indemnification
By agreeing to these Terms and accessing the Services, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless SilentBerry and each of our past, present, and future employees, officers, directors, contractors, consultants, shareholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the "SilentBerry Parties") from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, fines, penalties, interest, fees, expenses (including, but not limited to, attorneys’ fees and expenses), and costs (including, but not limited to, costs of seeking indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, property damage or personal injury, arising out of or related to (a) your use or misuse of the Services, Content, NFTs, or any content linked to or associated with any NFTs; (b) any Feedback you provide; (c) your violation of these Terms or any applicable laws; (d) your violation of the rights or obligations of any third party (including other users or third parties); or (e) your negligence or willful misconduct. You agree to promptly notify SilentBerry of any Claims and cooperate with the SilentBerry Parties in defending such Claims. You further agree that the SilentBerry Parties shall have control of the defense or settlement of any Claims. This indemnity is in addition to any other indemnity set forth in a written agreement between you and SilentBerry.
Disclaimers
Your access to and use of the Services is at your own risk. You understand and agree that the Services are provided on an "as is" and "as available" basis, and SilentBerry expressly disclaims any and all warranties or conditions, express or implied. SilentBerry (and its suppliers) make no warranty or representation and disclaim all responsibility and liability, whether the Services will (A) meet your requirements; (B) be uninterrupted, timely, secure, or error-free; or (C) be accurate, reliable, complete, legal, or safe. SilentBerry disclaims all other warranties or conditions, express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. SilentBerry is not liable for any loss resulting from any actions taken or reliance on materials or information contained in the Services. While SilentBerry attempts to ensure you can securely access and use the Services, SilentBerry does not represent or warrant that the Services, Content, any content linked to or associated with any NFTs, or the NFTs you use through our Services or on our service providers' servers are free of viruses or other harmful components. We cannot guarantee the security of any data you disclose online. No advice or information, whether oral or obtained from the SilentBerry Parties or through the Services, shall create any warranty or representation not expressly stated herein. You accept the inherent security risks of providing information and conducting online transactions over the internet and will not hold SilentBerry responsible for any breach of security.
We are not responsible for any losses or liabilities and for any acts or omissions related to the use or inability to use NFTs, Content, and/or any content linked to or associated with NFTs, including, but not limited to, any loss, damage, or claim arising from (A) user error, incorrectly constructed transactions, or mistyped addresses; (B) server failure or data loss; (C) unauthorized access or use; or (D) any unauthorized third-party activities, including but not limited to the use of viruses, phishing, brute-forcing, or other means of attack against the Services or NFTs.
NFTs exist solely by virtue of the ownership record maintained on the relevant blockchain (e.g., the Ethereum network). Any transfers or sales occur on the relevant blockchain (e.g., Ethereum). SilentBerry and/or any other SilentBerry Party cannot affect or otherwise control the transfer of ownership or rights to any NFTs or any underlying or associated content or items.
The SilentBerry Parties are not responsible for any sustained losses or injuries caused by vulnerabilities in the software (e.g., wallets, smart contracts), blockchain, or any other features of NFTs, or any failure, abnormal behavior, or software bugs of any kind. The SilentBerry Parties are not responsible for any losses or injuries caused by delays or failure to report any issues with the blockchain supporting the NFTs, including forks, technical node issues, or any other issues resulting in losses or injuries.
Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
Assumption of Risk
You accept and acknowledge:
The value of NFTs is subjective. Prices of NFTs can be volatile, and fluctuations in cryptocurrency prices can have a significant adverse effect on NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
You understand that you are solely responsible for any expenses incurred in connection with the use of the Services, including any actions taken on the blockchain, whether or not the transaction is successful, and that such expenses are final and non-refundable.
Lack of use or interest in distributed ecosystems by the public may negatively impact the development of those ecosystems and related applications, and therefore may also negatively impact the potential utility of NFTs.
The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrencies, and other cryptographically based items is uncertain, and new regulations or policies may materially adversely affect the development of the Services and the utility of NFTs.
You are solely responsible for determining whether your transactions require tax filing and withholding, collecting, reporting, and remitting the correct amount of taxes to the appropriate tax authorities. SilentBerry is not responsible for determining, withholding, collecting, reporting, or remitting any taxes that apply to your NFTs or your sale/purchase of NFTs.
There are risks associated with purchasing items from third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items susceptible to metadata decay, items with bugs in the smart contracts, and items that may be untransferable. You represent and warrant that you have done sufficient research before making any decision to sell, acquire, transfer, or otherwise interact with any NFTs or accounts/collections.
We do not own or control the smart contracts deployed by third parties, and we are not responsible for their operation or functionality, nor do we provide any warranties.
We do not control the public blockchains you are interacting with, nor do we control certain smart contracts and protocols that may be integral to completing transactions on those public blockchains. Additionally, blockchain transactions are irreversible, and SilentBerry cannot reverse any transactions on the blockchain.
There are risks associated with using internet and blockchain-based products, including but not limited to the risk associated with hardware, software, and internet connections, the introduction of malicious software, and the risk that third parties may gain unauthorized access to your third-party wallet or account. You accept and acknowledge that SilentBerry is not responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Services or any blockchain network, regardless of cause.
The Services rely on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any such platform and/or vendor loses market share or falls out of favor or becomes unavailable for a prolonged period, access to and use of the Services will suffer.
SilentBerry reserves the right to hide collections, contracts, and items affected by these issues or other issues. Items you purchase may become inaccessible on SilentBerry. Under no circumstances shall the fact that an item is inaccessible on SilentBerry or the inability to use the Services to purchase, sell, or transfer any items available on a blockchain serve as grounds for a claim against SilentBerry.
If you have a dispute with one or more users, you release us from any and all claims, demands, and damages of every kind and nature, known and unknown, arising out of or 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 you may know or suspect to exist in your favor at the time of agreeing to this release.
Limitation of Liability
To the fullest extent permitted by law, you agree that in no event will SilentBerry or its service providers be liable to you or any third party for any lost profits or any indirect, consequential, exemplary, incidental, special, or punitive damages, or for any damages related to lost revenue, lost profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, however caused, whether in contract, tort (including negligence), strict liability, or otherwise, even if foreseeable and even if SilentBerry or its service providers have been advised of the possibility of such damages. Access to and use of the Services, products, or Third-Party Websites and products are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.
Notwithstanding anything to the contrary contained herein, in no event shall SilentBerry’s maximum cumulative liability arising out of or in any way related to these Terms, the access to and use of the Services, Content, NFTs, or any SilentBerry products or Services exceed (A) 10 euros or (B) the amount received by SilentBerry from you for the specific service giving rise to the claim, whichever is greater. The foregoing limitations shall apply even if the above-stated remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
Privacy Policy
Please review our Privacy Policy to learn about how we collect, use, and share information about you and/or from you ("Your Information"). By submitting Your Information through our Services, you consent to the terms of our Privacy Policy and expressly consent to the collection, use, and disclosure of Your Information in accordance with the Privacy Policy.
Modification of Services
We reserve the right, in our sole discretion, to modify, suspend, or temporarily or permanently discontinue the Services (or any features or portions thereof), at any time and without liability.
Dispute Resolution: Arbitration
Applicability of Arbitration Agreement.
You agree that any dispute, controversy, or claim related to your access to or use of the Services, any products sold or distributed through the Services, or your relationship with SilentBerry in any way, will be resolved by binding arbitration, rather than in court, including threshold questions of arbitrability of the dispute, controversy, or claim.Dispute Resolution Process.
Both you and SilentBerry agree to make reasonable, good faith efforts to resolve any dispute before filing arbitration, a claim in small claims court, or seeking equitable relief for intellectual property infringement.Waiver of Class Action and Collective Arbitration.
All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis, not on a representative (including but not limited to under PAGA) or class basis. Only individual relief is available, and claims of multiple users, individuals, or entities cannot be arbitrated or consolidated together.Governing Law and Venue
These Terms and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of the European Union and Finland. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved in the courts of Finland, located in Helsinki.
Termination
If you breach any provision of these Terms, all licenses granted by SilentBerry will automatically terminate. Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to suspend, restrict, disable, terminate, or delete your Account and/or your access to or use of the Services (or any portion thereof) at any time and for any reason or no reason, and you acknowledge and agree that SilentBerry shall have no liability or obligation to you in such event and that you will not be entitled to any refund of amounts you’ve paid to us. If we terminate your account or restrict your access to or use of the Services, you may still own your NFTs. You may still access your NFTs through public blockchains and other Web3 wallets, platforms, and/or websites. If your NFTs are stored in a centralized personal account, you may transfer them to your Web3 wallet prior to termination.
Severability
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
Injunctive Relief
You agree that a breach of these Terms will cause SilentBerry irreparable harm for which monetary damages would be inadequate, and SilentBerry shall be entitled to seek equitable relief in addition to any other available remedies, without the need to post a bond, other security, or proof of damages.
Upon termination of these Terms, all provisions that by their nature should survive shall survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
These Terms (and any other applicable terms incorporated herein by reference) constitute the entire agreement between you and SilentBerry regarding your access to and use of the Services. You may not assign or transfer these Terms and the rights and licenses granted hereunder without SilentBerry’s prior written consent. SilentBerry’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver by SilentBerry of any breach or default under these Terms shall not be deemed a waiver of any subsequent breach or default. The section headings used in these Terms are for reference purposes only and shall not have any legal effect.
The Services are operated by us in Finland. Users who choose to access the Services from outside Finland do so on their initiative and are responsible for compliance with applicable local laws.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
Contact Us
If you have any questions about this agreement, please contact us at:
Company name: SisuRace Oy
Brand name: SilentBerry
Contact email: support@silentberry.co
Thank you for choosing SilentBerry, and may you have a pleasant experience on our platform!
