Sea Trove LLC (“Sea Trove,” “we,” “us”, or “our”), a wholly owned subsidiary of Ozone Networks, Inc. d/b/a OpenSea, provides you with the opportunity to directly engage with third party provider Horkos, Inc. d/b/a Privy (“Privy”) to create your own self-hosted, non-custodial digital wallet (the “Wallet”) that enables you to independently track, transfer, and manage compatible blockchain-based digital items (“Digital Items”), authenticate your control over and access to the Wallet, and connect your Wallet to certain websites and/or applications and related offerings, as further enumerated herein (collectively, the “Service”). These Terms of Use (the “Terms”) govern your access to and use of the Service and Wallet.
For purposes of these Terms, “user”, “you”, and “your” means you as the user of the Service.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN SECTION 12 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE THAT ANY DISPUTES BETWEEN US BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.
BY USING THE SERVICE AND/OR CREATING OR USING A WALLET USING PRIVY’S SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE OR THE WALLET.
The Service provides you the opportunity to use third-party services in order to create a self-hosted, non-custodial Wallet and set up an associated authentication method (e.g., email address); connect the Wallet to certain websites and/or applications by using third-party services to authenticate your control of the Wallet through your authentication method (“Authentication Access”); and use an interface from which you can view the activity of the Wallet and items accessible through the Wallet, and choose to interact directly with a public blockchain or using third-party services (the “Interface”).
Your use of the Wallet or the Service and interaction with third parties is entirely voluntary and optional. If you decide to access or use a third-party service, your activity and use of those third-party services is governed by their terms and conditions. To be eligible to use the Wallet and the Service, you must be a resident of a country in which the Wallet and the Service are supported and be at least 18 years of age.
The Wallet creation process, Authentication Access, and related services are made available to you by, and through your use of services from, Privy. Additional terms of use may govern your relationship with Privy and your use of its products and services, including, for clarity, with respect to the Wallet and as may be integrated into the Services. Please be sure to review any such terms, including the Privy Terms of Service, before using the Service, Wallet, Authentication Access, and/or Interface.
Sea Trove is not a Digital Item or blockchain-based wallet provider. The Wallet is a self-hosted and non-custodial wallet you can create using Privy, meaning that Sea Trove does not have access to or control over your Wallet or associated private key, or any other recovery method. A private key is associated with the Wallet address and required to access the Wallet contents and authorize the transfer of Digital Items from that Wallet.
You are solely responsible for the retention and security of your private key. You, and not Sea Trove, are solely responsible for keeping your private key access information, as well as your authentication-related information, secure. Sea Trove is not responsible, and is not able, to maintain your private key. Failure to keep your private key secure may result in the loss of control of your Wallet and Digital Items associated with your Wallet. You acknowledge and agree that we do not receive or store your Wallet authentication information, encrypted private key, or unencrypted private key associated with your Wallet. We cannot modify, recover, or reset your authentication method, and you accept and acknowledge that if you lose access to or control over any authentication method, or fail to store a backup of your private key, then you will lose access to the Wallet and any Digital Items associated with the Wallet.
You are solely in control of and responsible for your authentication method, private key, Wallet, and Digital Items, and you bear any and all risk of loss of any of the foregoing at all times. We shall have no responsibility or liability whatsoever in the event you are unable to access your Wallet for any reason including, without limitation, your failure to keep your authentication method, Wallet, and/or private key secure.
When using the Service to create a Wallet, you will need to provide information required to link your Wallet with an authentication method. You will also need to provide a multi-factor authentication method (e.g. phone number), the use of which will be required for the performance of certain operations involving your Wallet, including transactions. When you request to make a transfer of a Digital Item, in order to initiate such a transfer or otherwise use your Wallet, you will be required to use Authentication Access. Sea Trove is entitled to rely on your use of the Authentication Access chosen by you and has no duty to inquire into or investigate the safety, security, validity, or accuracy of any action initiated with your Wallet.
You represent and warrant that any information you provide via the Service and/or Wallet is accurate and complete. You accept and acknowledge that we are not responsible for any actions taken with your Wallet, including any errors or omissions that you make in connection with any Digital Item transaction initiated in connection with your Wallet. You are solely responsible for initiating and reviewing any and all actions taken with your Wallet. We do not have the ability to initiate, stop, or control actions with respect to your wallet.
The Service and Wallet enable you to send compatible Digital Items to, and request and receive, compatible Digital Items from certain third parties. Sea Trove may in its sole discretion remove, limit, or suspend the display of information, availability of tools in the Interface, access to the Service, or availability of third-party services in the Interface at any time and for any reason, without notice. The Interface displays certain public blockchain information associated with your Wallet. However, the Interface may not display all tokens controlled by your Wallet. The Interface may also include certain third-party services (via links, embeds, or otherwise), the availability and limitations of which are determined at the sole discretion of Sea Trove. The actions you take related to such third-party services do not involve Sea Trove, and may require your agreement to separate terms of use with that third party.
You are solely responsible for any actions taken with your Wallet. Sea Trove does not facilitate or execute blockchain transactions, and makes no guarantees about the safety, security, validity, or execution of any action taken with your Wallet. When you or a third party sends Digital Items to your Wallet address, the person initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, payment of sufficient network or miner fees in order for the transaction to be successful. Insufficient network fees may cause a transfer to remain in a pending state and may result in delays or loss incurred as a result of an error in the initiation of the transaction. Sea Trove has no obligation to assist in disputes, losses, errors, or issues related to any action taken by your Wallet and/or any blockchain transaction.
When you send Digital Items from your Wallet to another cryptocurrency wallet, such transfers are executed on a public blockchain by you and not under the control of Sea Trove. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. Sea Trove has no control over any such transactions or networks, cannot reverse or issue refunds in connection with such transactions, and is not liable for any loss, damage or harm that you may incur as a result of such transactions or in connection with any third party services. Sea Trove shall bear no liability or responsibility in the event you enter an incorrect blockchain destination address. Digital Items transfers cannot be reversed once they have been broadcast to the relevant blockchain network, although they may be in a pending state, and designated accordingly, while the transaction is processed by network operators. Sea Trove does not control the network and makes no guarantees that a transfer will be confirmed by the network. By using the Wallet or the Service, you acknowledge and agree that: (i) we do not have the ability to cancel or otherwise modify your transaction; (ii) the transaction details you submit may not be completed, or may be substantially delayed, by the applicable blockchain networks; (iii) we do not store, send, or receive Digital Items; and (iv) any transfer that occurs in relation to any Digital Items occurs on the relevant blockchain network and not on a network owned by us and therefore we do not guarantee the transfer of title or right in any Digital Items. You should verify all transaction information prior to executing a transaction.
As between you and Sea Trove, Sea Trove owns, solely and exclusively, all rights, title and interest in and to the Service, including all content, code, data and materials thereof, and the look and feel, design and organization of the Service or any aspect thereof, and the compilation of the content, code, data and materials included in the Service, including any copyrights, trademark, patent, database, moral, sui generis and other intellectual property and proprietary rights therein. Your use of the Wallet or the Service does not grant to you ownership of any content, code, data or materials you may access through the Wallet or the Service. Any commercial distribution, publishing or exploitation of the Wallet or the Service, or any content, code, data or materials on the Wallet or the Service, is strictly prohibited unless you have received the express prior permission of Sea Trove or the applicable rights holder. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials included in the Wallet or the Service. If you make other use of the Wallet or the Service, or the content, code, data or materials therein, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Sea Trove’s name, logo, trademarks, and any Sea Trove products or services and their names, designs, logos, and slogans are the intellectual property of Sea Trove or our affiliates, (including Ozone Networks, Inc. d/b/a OpenSea), or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance.
We welcome feedback, comments, and suggestions for improvements to the Wallet or the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback grants Sea Trove and its affiliates, including Ozone Networks, Inc., full and sole right, title, or interest in any such Feedback. You agree that Sea Trove may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim.
By using the Wallet and/or the Service, you may be able to view certain information pertaining to Digital Items, cryptocurrencies, or other blockchain-related information and/or have the ability to directly use other third-party services. The presentation of this information or availability of these third-parties services does not represent or imply any association with or endorsement of any such information or third parties, even if certain functionalities provided in connection with the Wallet or the Service require the use of such third party products. When using the Service and/or Wallet, you agree you understand the importance of DYOR – doing your own research. Sea Trove does not make any representations or warranties about the Service, your Wallet, or any third-party websites or services with which you connect or interact with using the Wallet or the Service, and you bear responsibility for verifying the safety, security, authenticity, and legitimacy of any connection, transaction, or interaction in which you choose to engage using the Service and/or your Wallet.
Sea Trove has no control over third-party websites and applications. Sea Trove does not make any representations, warranties, or guarantees that any third-party websites or services are or will be compatible with your Wallet and/or the Service.
You agree and understand that, for any reason or no reason, Sea Trove may limit your use of Authentication Access and/or the Interface. Since the Wallet is non-custodial, you will have the option to, at any time but except as disclaimed here, use Privy’s services to export your private key and use your private key through another service that supports its use (e.g., MetaMask). The ability to export your private key is provided by Privy, and Sea Trove cannot guarantee its security, proper functionality, or continued availability.
You represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws), contracts, or third-party rights, when accessing or using the Service and/or your Wallet.
You also agree that you will use the Service and the Wallet in compliance with all applicable laws, including, but not limited to:
By agreeing to these Terms and accessing or using the Service and/or Wallet, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Sea Trove and its affiliates (including Ozone Networks, Inc.), and their and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Sea Trove Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service or the Wallet (b) any of your acts or omissions as a result of, or as influenced by, your use of the Service or the Wallet, (c) your violation or breach of any term of these Terms or applicable law, (d) your violation of the rights of or obligations to a third party, including another user or third party, and (e) your negligence or willful misconduct. You agree to promptly notify Sea Trove of any Claims and cooperate with the Sea Trove Parties in defending such Claims. You further agree that the Sea Trove Parties shall have control of the defense or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND SEA TROVE OR ANY OF ITS AFFILIATES.
YOU EXPRESSLY ACKNOWLEDGE THAT NEITHER THE WALLET NOR THE SERVICE IS AT A LEVEL OF QUALITY, FUNCTIONALITY, PERFORMANCE, OR COMPATIBILITY OF A COMMERCIAL OFFERING AND MAY HAVE DEFECTS OR DEFICIENCIES WHICH CANNOT OR MAY NOT BE CORRECTED BY SEA TROVE. SEA TROVE DOES NOT WARRANT OR REPRESENT THAT ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE WALLET OR THE SERVICE WILL BE CORRECT, ACCURATE, TIMELY, OR OTHERWISE RELIABLE. NEITHER SEA TROVE, NOR ANY OF ITS AFFILIATES, WILL BE HELD LIABLE IN RELATION TO THE ACCURACY OF THE WALLET OR THE SERVICE OR FOR ANY LOSS, INJURY, OR DAMAGE OF ANY TYPE IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE THE WALLET OR THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY ACTION TAKEN OR NOT TAKEN IN RELIANCE OR ALLEGED RELIANCE ON MATERIAL OR INFORMATION CONTAINED IN OR COMMUNICATED THROUGH THE WALLET OR THE SERVICE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WALLET AND THE SERVICE, INCLUDING ANY INFORMATION PROVIDED IN CONNECTION THEREWITH, IS AT YOUR SOLE RISK. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT THE WALLET AND THE SERVICE MAY RELY ON INFORMATION PROVIDED BY PARTNERS OR THIRD PARTIES, AND SEA TROVE DOES NOT INDEPENDENTLY VERIFY SUCH INFORMATION. SEA TROVE DOES NOT WARRANT THAT (A) THE WALLET OR THE SERVICE WILL BE TIMELY OR ERROR-FREE, (B) INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WALLET OR THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (C) THE QUALITY OF THE WALLET OR THE SERVICE OR ANY INFORMATION OR DATA PROVIDED IN CONNECTION WITH THE WALLET OR THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
SEA TROVE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT YOUR INTERACTION WITH THIRD-PARTY WEBSITES, SMART CONTRACTS, WALLETS, OR BLOCKCHAINS ARE SAFE, WITHOUT RISK, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO INFORMATION PROVIDED THROUGH THE WALLET OR THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD SEA TROVE RESPONSIBLE FOR ANY BREACH OF SECURITY. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR ANY USE OF OR ACTIONS RELATED TO THIRD-PARTY WEBSITES, SMART CONTRACTS, WALLETS, OR BLOCKCHAINS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK.
WITHOUT LIMITING ANY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE WALLET AND THE SERVICE AND ANY ACCOMPANYING DOCUMENTATION ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND SEA TROVE DOES NOT MAKE ANY AND HEREBY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY OF MERCHANTABILITY, TIMELINESS, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES THAT THE WALLET OR THE SERVICE WILL OPERATE WITHOUT INTERRUPTION.
Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
You accept and acknowledge:
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL SEA TROVE OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY (A) FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE WALLET OR THE SERVICE, OR THIRD-PARTY SITES, PRODUCTS, AND SERVICES, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF SEA TROVE OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE, OR PERFORMANCE OF THE WALLET OR THE SERVICE.
ACCESS TO, AND USE OF, THE WALLET, SERVICE, OR THIRD-PARTY SITES, PRODUCTS AND SERVICES 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 THE MAXIMUM AGGREGATE LIABILITY OF SEA TROVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE WALLET OR THE SERVICE, OR ANY SEA TROVE PRODUCTS OR SERVICES EXCEED $100. THE FOREGOING LIMITATIONS WILL 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 limitation or exclusion 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.
Please refer to our Privacy Policy for information about how we collect, use, and share information from and/or about you ("Your Information"). By submitting Your Information through our Service, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of Your Information in accordance with the Privacy Policy.
We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Wallet or the Service (or any features or parts thereof) at any time and without liability to you. By continuing to access or use the Wallet or the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Wallet or the Service.
You are solely responsible for determining what, if any, taxes apply to any transactions undertaken via the Wallet or the Service and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. Sea Trove is not responsible for determining, withholding, collecting, reporting, or remitting any taxes that apply to any transactions associated with your Wallet or the sale, purchase, receipt, or transfer of any Digital Items related thereto.
These Terms and your access to and use of the Wallet and the Service shall be governed by and construed and enforced in accordance with the laws of the State of New York (without regard to conflict of law rules or principles of the State of New York, or any other jurisdiction that would cause the application of the laws of any other jurisdiction). Any dispute between the parties that is not subject to arbitration as set forth in Section 12 or cannot be heard in small claims court, shall be resolved in the state or federal courts of New York County in the State of New York, and the United States, respectively, sitting in the State of New York.
Notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, or terminate your ability to access or use the Service or your Wallet at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event. Additionally, your access and use of the Wallet or the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Wallet or the Service or other actions that Sea Trove, in its sole discretion, may elect to take.
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.
You agree that a breach of these Terms will cause irreparable injury to Sea Trove for which monetary damages would not be an adequate remedy and Sea Trove shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Sea Trove or you. Termination will not limit any of Sea Trove’s other rights or remedies at law or in equity.
These Terms constitute the entire agreement between you and Sea Trove relating to your access to and use of the Service and the Wallet. These Terms, and any rights granted hereunder, may not be transferred or assigned by you without the prior written consent of Sea Trove. Sea Trove’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
The Service is provided in the United States. Those who choose to access the Wallet or the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You and Sea Trove agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
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.