These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the emporium.avn.network website ("Website" or "Service" or "Avian Emporium" or "Avian Emporium") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and this Website operator ("Operator", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

General Terms

• Bidders acknowledge that Avian Emporium does not have any responsibility or liability for online bidding. Sellers recognize that Avian Emporium may not have any control over the hosting provider and cannot guarantee its operation or performance. There are occasional interruptions and delays relating to the use of the Internet. Furthermore, Avian Emporium shall not be held liable (for lost profits or special damages) or responsible for the function or its inability to function. Bidders and Sellers acknowledge that hardware malfunctions, software malfunctions, viruses, and similar issues do occur beyond the knowledge, scope, and control of Avian Emporium.
• Avian Emporium reserves the right to deny any person for any reason permission or access to bid or sell their NFT(s) on the platform.
• Avian Emporium disclaims any liability for damages, whether direct, indirect, consequential, or incidental, resulting from bids not spotted, executed, or accepted.
• Avian Emporium is not responsible for thefts, errors, or omissions, due to lack of security on user computer. Avian Emporium requires a OTP (One-Time Password) emailed to the USER on all withdraws or transactions requiring currency. If the users computer has compromised and an exchange is executed, Avian Emporium will not and cannot he held liable.
• Bidders should be careful to bid on the correct NFT and ensure that their bid is for the amount intended. Avian Emporium doesn’t support a max bid system, all bids entered are considered FINAL.
• Avian Emporium is not responsible for computer or human error, resulting in customer dissatisfaction. It is the buyer’s responsibility to understand what they are purchasing and to vett their purchase. Avian Emporium will make every opportunity to ensure that all users who are “Verified – Blue Check” are legitimate but cannot guarantee the same for users/collections who DO NOT have a verified mark.
• Avian Emporium is not responsible for statements made by other parties.
• Avian Emporium gathers information about Bidders and Owners/Sellers for internal purposes only. We DO NOT, and WILL NOT, sell, rent, or disclose this information to anyone without proper government/formal documentation.
• Bidders or Sellers will be suspended or permanently banned from Avian Emporium if they provide false information when registering, such as a wrong name or fraudulent contact information. An alias is fine, we just need to be able to contact you in event of an issue or concern.
• Fee(s) & Commission, Avian Emporium assesses a 0% site fee and any applicable Royalty on all transactions. These fees are subject to change, with or without user consent..
• IPFS: Avian Emporium maintains all IFPS when WE CREATE AN NFT listings. If the user notices a failed IPFS, please contact [email protected]
• ALL SALES ARE FINAL. Avian Emporium will no offer refunds for buyer remorse, unsatisfactory NFTs, etc.

Email Responsibility

• To bid, buy or sell on our website, you must have a valid email address. It is YOUR responsibility to ensure that your particular server accepts emails from our server. We use email as our primary method of communication, and you will not receive any other form of bidding, registering, or invoice confirmation from our office, so make sure your emails are working. ALWAYS contact us at [email protected] if you are not receiving valid emails from our company. Please check your SPAM folder or whitelist our email address– we can help troubleshoot, but your server may not receive emails as consistently as others.

Payment, Transfers, Withdrawls and Deposits

• ALL SALES ARE FINAL.
• Avian Emporium can be a custodial NFT wallet, see clause below.
• Withdrawal (AVN or NFTs): All AVN payments are processed and sent to the seller immediately, upon verified transfer of the NFT to the buyer. Avian Emporium DOES NOT control or transfer the NFT to the buyer unless the seller has a ‘Clearing House’ account with Avian Emporium. If a user has a ‘Clearing House’ account with us, they simply need to request a withdraw/transfer, unless the transfer is for an NFT purchase, in which we will send the NFT to the buyer directly.
• Deposit (NFTs): All deposits must be requested via communication with Avian Emporium.
• Acceptable Time: For user security and safety, we manually confirm most transactions on the website. This is as follows but isn’t limited to: Withdrawals, Deposits or NFT submissions. For this reason, please allow up to 24 hours for most transactions. If you have waited longer, please contact us via email [email protected] or Discord.

Wallet & Custocial Services for AVN and AVN NFTs

• Wallet Services. As part of your Avian Emporium Account, Avian Emporium will provide users access to: (a) a hosted wallet for holding currency (“AVN/Wallet”).
• Hosted Digital Currency Wallet. Your Digital Currency Wallet allows you to store, track, transfer, and manage your balances of Digital Currency. As used throughout, “Digital Currency” means only those particular digital currencies listed as available in your Avian Emporium Account. Services and supported assets may vary by jurisdiction. We DO NOT store Digital Currency private keys, which are used to process transactions, in a combination of online and offline storage. As a result of our security protocols, it may be necessary for us to further verify your related information from offline/online storage to facilitate Digital Currency Transfers in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Digital Currency Transfers.
• Supported Digital Currencies. Your Avian Emporium Account is intended solely for proper use of Supported Digital Currencies as designated on the Site. Under no circumstances should you attempt to use your Digital Currency Wallet to store, send, request, or receive any assets other than Supported Digital Currencies. Avian Emporium assumes no responsibility in connection with any attempt to use your Digital Currency Wallet with digital currencies that we do not support. If you have any questions about our current list of Supported Digital Currencies, please email [email protected]
• Operation of Digital Currency Protocols. We do not own or control the underlying software protocols which govern the operation of Digital Currency supported on our platform. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols, and we are not able to guarantee the functionality or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operating rules (including “forks”). Any such material operating changes may materially affect the availability, value, functionality, and/or the name of the Digital Currency you store in your Digital Currency Wallet. Avian Emporium does not control the timing and features of these material operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by Avian Emporium in determining whether to continue to use a Avian Emporium Account for the affected Digital Currency. In the event of any such operational change, Avian Emporium reserves the right to takes such steps as may be necessary to protect the security and safety of assets held on the Avian Emporium platform, including temporarily suspending operations for the involved digital currency(ies), and other necessary steps; Avian Emporium will use its best efforts to provide you notice of its response to any material operating change; however, such changes are outside of Avian Emporium control and may occur without notice to Avian Emporium. Avian Emporium response to any material operating change is subject to its sole discretion and includes deciding not to support any new digital currency, fork, or other actions. You acknowledge and accept the risks of operating changes to Digital Currency protocols and agree that Avian Emporium is not responsible for such operating changes and not liable for any loss of value you may experience because of such changes in operating rules. You acknowledge and accept that Avian Emporium has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported currencies or protocols.
• Digital Currency Custody and Title. All Digital Currencies held in your Digital Currency Wallet are custodial assets held by Avian Emporium for your benefit, as described in further detail below.
• Ownership. Title to Digital Currency shall at all times remain with you and shall not transfer to Avian Emporium. As the owner of Digital Currency in your Digital Wallet, you shall bear all risk of loss of such Digital Currency. Avian Emporium shall have no liability for Digital Currency fluctuations. None of the Digital Currencies in your Digital Currency Wallet are the property of, or shall or may be loaned to, Avian Emporium; Avian Emporium does not represent or treat assets in User’s Digital Currency Wallets as belonging to Avian Emporium. Avian Emporium may not grant a security interest in the Digital Currency held in your Digital Currency Wallet. Except as required by a facially valid court order, or except as provided herein, Avian Emporium will not sell, transfer, loan, hypothecate, or otherwise alienate Digital Currency in your Digital Currency Wallet unless instructed by you.
• Control. You control the Digital Currencies held in your Digital Currency Wallet. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Digital Currency by sending it to a different blockchain address. As long as you continue to custody your Digital Currencies with Avian Emporium, Avian Emporium shall retain control over your associated blockchain addresses operated by Avian Emporium, including the blockchain addresses that hold your Digital Currency.
• Acknowledgement of Risk. You acknowledge that Digital Currency is not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.
• NFTs. The user acknowledges the requirement of transferring their NFT to Avian Emporium for it to be listed on our site. If the NFT has not been sent to our wallet, we will

Seller Responsibility

• Proof of Ownership. It is the seller’s responsibility to provide proof of ownership of their work, if the community so chooses for a request.
• An NFT submission will not be false, inaccurate, frivolous, or misleading, will not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising), will not contain any computer viruses, worms, Trojan horses, time bombs, or other computer programs, scripts, or instructions that are intended to damage or detrimentally interfere with any proprietary computer system information.
• Avian Emporium reserves the right to refuse to put an NFT for auction or remove an NFT from the site if we suspect it is fraudulent. This can be appealed by contacting [email protected]

Buyer Responsibility

• Avian Emporium will make every attempt possible to ensure the validity of the artists and listed NFTs. However, it is ultimately, the responsibility of the buyer to research the NFT they are about to purchase. Avian Emporium will offer not refunds on fraudulent NFTs.
• Your bid or purchase is FINAL.

Multi-NFT/NFT Tokens

• Avian Emporium is not registered with the SEC to sell securities. All listed NFT Tokens are to be and are under the assumption they are a utility token and should be expected as such as a buyer. However, it is the buyer’s responsibility to understand that NFT’s/assets they are purchasing and performing their own due diligence. If you suspect an NFT/asset is a security, please contact us immediately so we can take appropriate action. If a listing is found to be a security, it will be removed from our site immediately and any available account funds will be held to be restored to anyone who has purchased the asset. In the event no funds are available, the account will be suspended and placed in a negative status until the funds are returned at that point, the account will be returned to active status. Avian Emporium offers no warranties on this and will not be liable to cover any lost monies.

Government Regulations and Taxes

• You are solely responsible for compliance with any federal, state, or local tax laws governing your purchase. It is your responsibility to report and pay any applicable taxes. We suggest you consult a professional tax adviser.

Proof of Funds

• Proof of Funds is REQUIRED, if you plan to bid/buy on Avian Emporium, funds are required before a bid/buy will be accepted and will immediately be removed from your account. If you are making a bid for 2,000 AVN on an NFT. The funds will be removed until/if you are no longer the highest bidder, at that point, the bid will be returned to your account balance.

Accounts and Membership

• You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred because of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User Content

• We do not own any data, information, or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish, or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

Backups

• We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

Links to Resources

• Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Prohibited Use

• In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual Property Rights

• “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third-party trademarks.

Limitation of Liability

• To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the Operator for the prior one-month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

• You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any wilful misconduct on your part.

Severability

• All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute Resolution

• The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Germany without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Germany. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Germany, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and Amendments

• We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will send you an email to notify you. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Contacting Us

• If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected]

Acceptance of Terms

• You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.