Last updated: April 19, 2023
The CR7 NFT Collection (the “Collection”, and each, a “CR7 NFT”) is a limited edition NFT collection listed for sale by BAM Trading Services Inc. d/b/a Binance.US (“Binance.US”, “we”, or “us”) on the Binance.US website (the “Platform”). Binance.US provides a service through the Platform that offers you the ability to purchase and own a CR7 NFT from the Collection and hold the CR7 NFT in your Binance.US account wallet (the “Services”).
These terms and conditions (“CR7 NFT Terms”) constitute a legally binding agreement between you (also referred to herein as “you”, “your” or “user”) and Binance.US governing your purchase and use of the CR7 NFT.
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND BINANCE.US CAN BE BROUGHT (SEE SECTION 8 BELOW). THESE PROVISIONS WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST BINANCE.US TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
Disclaimer: NFTs are an emerging asset class that is still evolving. Always do your own research before making any decision to buy, sell or trade NFTs. The value of your NFT may go down or up. NFTs are subject to high market risk.
- Eligibility and Availability
In order to be eligible to purchase a CR7 NFT from the Collection and use the Services, you must have a valid account with Binance.US in good standing. Your BAM Trading Account is subject to all applicable terms and conditions, including our BAM Trading Terms, and must remain active during the time you purchase or hold a CR7 NFT from the Collection. You must be 18 years or older and a legal resident of a jurisdiction in the United States in which the Platform is available to individual users and meet all other eligibility requirements of the BAM Trading Terms. The purchase of CR7 NFTs is not available in Hawaii, New York, Texas and Vermont and other states, territories, countries or locations where prohibited. The purchase of a CR7 may be void where prohibited by law.
Binance.US may from time to time choose to offer CR7 NFTs for sale only to certain Binance.US users based on certain qualifying criteria (“whitelisted users”). These whitelisted users may be offered the opportunity to purchase additional CR7 NFTs from the Collection in advance of other BAM Trading users. Binance.US may from time to time offer open the sale of CR7 NFTs to all of its users.
You agree that Binance.US’s decisions regarding the Collection, your purchase and use of the CR7 NFTs in the Collection, and the provision of our Services to you, are final and binding and you agree to abide by all such decisions. Binance.US will be the sole arbiter in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination, suspension, or disabling of your participation in the Collection or purchase and use of a CR7 NFT.
- Ownership and Licenses
When you purchase a CR7 NFT, you own the CR7 NFT, but you do not possess or own any intellectual property or publicity rights in the content of the CR7 NFT except for the license grants expressly set forth herein. Subject to your compliance with this Agreement, Binance.US grants you a worldwide, non-exclusive, transferable, royalty-free license to use, copy, and display the CR7 NFT solely for your own personal, non-commercial use (“CR7 NFT License”). This CR7 NFT License lasts as long as you are the valid owner and holder of the CR7 NFT; the CR7 NFT License automatically terminates upon your transfer of the CR7 NFT, upon which the CR7 NFT License shall be transferred to the new recipient. All rights not expressly granted are reserved.
You agree that, without Binance.US’ express prior written consent, you may not, nor permit any third party to, do or attempt to do any of the following: (a) modify any CR7 NFT in any way, including by modifying any of the shapes, designs, drawings, attributes, or color schemes; (b) use any CR7 NFT to advertise, market, or sell any product or service; (c) use the CR7 NFT in any way, or in connection with images, videos, or other forms of media, that violates this Agreement; (d) sell, distribute for commercial gain (including giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the CR7 NFT; (e) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights or publicity rights in or to the CR7 NFT; or (f) utilize the CR7 NFT for your or any third party’s commercial benefit.
The CR7 NFTs are only available for purchase to U.S. residents through the Platform that have a BAM Trading Account in good standing and if applicable, satisfy the criteria for a whitelisted user. As noted below, once purchased, CR7 NFTs may be able to be transferred off of the Platform to an external wallet address or other third-party platform. Binance.US has no responsibility for any CR7 NFTs once transferred off of the Platform, but such CR7 NFTs remain subject to the restriction in the Agreement and your obligations to Binance.US will continue in effect even after such transfer.
The CR7 NFT may be transferable depending on the type of CR7 NFT you purchase. Certain CR7 NFTs may be non-transferable and cannot be transferred off of the Platform. Other CR7 NFTs are transferable, meaning that they can be transferred off of the Platform to an external wallet address or third-party platform. The transferability of a certain CR7 NFT will be communicated to you at the time of your purchase.
Binance.US is not responsible for any errors associated with your transfer of a CR7 NFT off of the Platform. It is your responsibility to ensure the transfer is properly made to the correct wallet address or third-party platform.
Binance.US reserves the right to set the sale prices of the CR7 NFTs in the Collection. These prices are subject to change without notice to you. The final sale prices and fees of the CR7 NFTs will be disclosed to you at the time of purchase.
- Purchase Terms; Fees; Refunds
CR7 NFTs can be purchased directly through the Platform. Your purchase of a CR7 NFT is completed upon your confirmation of selecting “Purchase” through the confirmation page of the Platform. You will see a confirmation of your purchase on the webpage if your purchase was successful. You can purchase a CR7 NFT from your available asset balance (e.g., BNB, USD, etc.) in your account. If there are insufficient assets in your BAM Trading account, you will not be able to initiate your purchase of the CR7 NFT. Binance.US cannot guarantee your purchase of a CR7 NFT if you fail to complete the actions necessary to complete and validate your purchase, which may include, but is not limited to, verifying your 2FA.
Binance.US may charge a small fee with your purchase of a CR7 NFT in the Collection. The creator(s) of the Collection may also charge a small fee associated with your purchase of a CR7 NFT. Binance.US typically does not set or control such creator fees; provided, however, that at times Binance.US may be the creator of the Collection, in which case the creator fees would be set by Binance.US. These fees will be displayed to you at the time of your purchase. At times, Binance.US may be the creator of the Collection, so the creator fee will be charged by Binance.US. All purchases and sales of CR7 NFTs are final and binding. Binance.US will not offer refunds of your purchase of a CR7 NFT for any reason.
- Use and Function.
You agree that the CR7 NFTs are for recreational use and collectible purposes only and that you are acquiring CR7 NFTs for purposes of acquiring digital collectibles for your personal use and enjoyment, and not for any investment or speculative purposes. You acknowledge that the CR7 NFTs do not represent any value beyond the listed purchase price. The CR7 NFTs are for personal, non-commercial use.
Any economic benefit that may be derived from appreciation in the value of a CR7 NFT is incidental to obtaining it for its collectible purpose. You agree that the CR NFTs are not to be used as a substitute for currency or medium of exchange, resale, or redistribution and that you are not acquiring any equity or other ownership or revenue sharing interest in us as a result of your acquisition of the CR7 NFT.
You agree that you are not using (and will not use) any CR7 NFTs for or on behalf of any third party, for any company, association, or group, or for any commercial purpose. You agree that you will not engage in manipulative or fraudulent activity in connection with your purchase or use of the CR7 NFT.
- Warranties and Limitations of Liability
You represent and warrant that you (a) are at least eighteen (18) years of age, a resident of the United States and have the legal capacity to enter into and be bound by this Agreement, (b) that you will use and interact with your CR7 NFT only for lawful purposes and in accordance with this Agreement, and (c) that you will not use your CR7 NFT to violate any law, regulation or ordinance or any right of Binance.US, its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. You further agree that you will comply with all applicable law.
THE CR7 NFTS IN THE COLLECTION ARE OFFERED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BINANCE.US EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BINANCE.US MAKES NO WARRANTY THAT THE CR7 NFTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BINANCE.US MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT RELATED TO THE CR7 NFTS. YOU ASSUME ALL RISKS FROM THE CR7 NFTS, INCLUDING ALL RISKS SPECIFIED IN THE BAM TRADING TERMS.
BINANCE.US WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF A CR7 NFT, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) YOUR USER ERROR, INCLUDING, BUT NOT LIMITED TO, FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, INCORRECT OR UNAUTHORIZED PURCHASES, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES; OR (IV) UNAUTHORIZED ACCESS TO A CR7 NFT OR YOUR BINANCE.US ACCOUNT BY A THIRD PARTY.
You agree that you shall defend, indemnify and hold harmless Binance.US and its respective directors, officers, employees, licensors, content providers, agents, advisors, consultants and representatives, from any claim or action arising from: (i) your breach or alleged breach of these Terms, (ii) your ownership or use of the CR7 NFT, (iii) the exercise of any rights granted in this Agreement; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities in connection with your use or interaction with the CR7 NFT; or (vi) any misrepresentation or omission made by you to Binance.US or any third parties in connection with your purchase or use of the CR7 NFT.
- Dispute Resolution
If you have any claims, causes of action, issues or complaints arising out of this Agreement or the CR7 NFTs (“Disputes”), we recommend you first open a ticket with Customer Service at https://support.binance.us/hc/en-us/requests/new and work with Customer Service to resolve your issue. Most concerns may be resolved by contacting us in this manner. If Customer Service is unable to resolve your issue, we recommend you escalate by emailing your complaint to firstname.lastname@example.org.
Should you or we feel a need to litigate the issue, that litigation must take place through binding arbitration. We agree that the Dispute, including, but not limited to, legal and equitable claims, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory relating to the Dispute, shall be resolved through binding arbitration on an individual basis (except as specifically noted below). Arbitration shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”). In agreeing to this binding commitment to arbitrate your claims, you agree that you waive any right to proceed in a court of law or to have your claims heard by a jury. The arbitration shall: (1) be conducted by a single, neutral arbitrator in the English language; (2) be held virtually and not in person for all proceedings related to the arbitration, except by mutual agreement of all parties; and (3) be limited to one deposition per party, except by mutual agreement of all parties or upon a showing of need. Furthermore, in cases where neither party’s claim(s) or counterclaim(s) exceed $25,000, both parties agree to waive an arbitration hearing and resolve the dispute solely through submissions of documents to the arbitrator. The AAA rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Those rules state, and you should be aware, that all issues in dispute are delegated to the arbitrator including whether this arbitration clause is valid and whether the dispute falls under this arbitration clause.
Without waiving or otherwise affecting the Class Action Waiver below, in the event that your claim(s) in an arbitration substantially implicate or relate to the rights of, or claims by, other Binance.US customers who have also initiated arbitration against Binance.US, you agree that Binance.US shall have the right, but not the obligation, to join or consolidate such arbitrations into a single arbitration, in Binance.US’ sole discretion.
If either Party intends to seek arbitration that Party must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required) (“Notice”). The Notice must: (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. The parties agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Binance.US may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Binance.US shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
Class Action Waiver
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND BINANCE.US AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU AND BINANCE.US EACH WAIVE THE RIGHT TO: (1) A JURY TRIAL; AND (2) PARTICIPATE IN A CLASS ACTION. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT. THIS CLASS ACTION WAIVER IS SUBJECT TO AND DOES NOT IMPAIR OR IMPEDE BINANCE.US’ RIGHT TO CONSOLIDATE RELATED USER CLAIMS AS DESCRIBED ABOVE.
- Governing Law
This Agreement shall be governed by and interpreted according to the laws of the State of California, without regard to any choice of laws or conflict of laws principles or rules that would result in the application of a different state jurisdiction’s laws. To the extent a Dispute is not subject to arbitration as set forth in Section 8 above, the parties agree that the exclusive jurisdiction for any dispute shall be a court of competent jurisdiction located in the State of California.
- Amendments to this Agreement
We may modify this Agreement from time to time in which case we will update the “Last Revised” date at the top of this Agreement. If we make changes that materially impair your rights or materially modify your obligations, we will use reasonable efforts to attempt to notify you via email. However, it is your sole responsibility to review this Agreement from time to time to view any such changes. The updated Agreement will be effective as of the time of posting, or such later date as may be specified in the updated Agreement. If you do not agree to the changes, you may not continue to purchase or hold any CR7 NFTs on the Platform and must transfer any CR7 you own off the Platform. By continuing to purchase or hold the CR7 on the Platform after any changes to these CR7 Terms take effect or taking such other action as specified by BAM Trading, you agree to be bound by those changes.
- Customer Service
If you have questions or issues regarding a CR7 NFT or in connection with the Collection, please contact us at email@example.com or visit our support center at https://support.binance.us/hc/en-us and submit a request.
This Agreement is the entire agreement of the parties with respect to CR7 NFTs and supersedes any other written or oral agreement The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. In the event that any provision of this Agreement is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. BAM Trading’s failure to enforce any term of this Agreement, including these CR7 Terms will not constitute a waiver of that term or any other provision of this Agreement or these CR7 Terms.
Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of this Agreement or these CR7 Terms or any provision hereof.