Welcome to the Dimah Design website, which include but are not limited to https://dimah.info, (the "Sites"). The Sites are provided as a service to our customers. You must be age 18 or older or the age of majority in your jurisdiction, whichever is greater, to use the Sites.

The following terms and conditions govern your use of the Sites (the "Agreement").

Your use of the sites constitutes your agreement to follow and be bound by the agreement. We reserve the right to update or modify this agreement at any time without prior notice. For this reason, we encourage you to review the agreement whenever you use any of the sites. If you do not agree to these terms, please do not use the sites.

Sources of Terms and Conditions

Sales hosted on third party sites (“Third Party Sites”) are governed by and subject to the Third Party Sites’ Additional Terms and any other Additional Terms applicable to that specific sale. We have no control over, and do not necessarily endorse any Third Party Sites, services, or products. You acknowledge and agree that such Third Party Sites are accessed at your own risk and such risk includes, without limitation, any resulting tax reporting, compliance or payment obligations.

Site Transactions

Through Third Party Sites, you may be permitted to purchase or place a bid on and subsequently pay for certain non-fungible tokens created by or on behalf of Dimah Design (“NFTs”).

Purchasing an NFT entitles you to the ownership of that certain NFT. Except as set forth below, you may use or resell that NFT as you choose, provided that any purchase of a resold NFT (the “Secondary Sale”) will also be subject to this Agreement and any applicable Additional Terms. Immediately following any Secondary Sale, your ownership of the NFT and rights under any associated licenses will terminate. 

Your purchase of, and the transfer of ownership of, that certain NFT is subject to your agreeing to this Agreement, any Additional Terms and any other applicable terms, including, but not limited to, the terms applicable to any other NFT marketplace that permits the Secondary Sale of NFTs in a manner that fully enables the smart contract contained within such NFTs (either such marketplace, the “Approved Marketplace”). If at any time you sell, trade, donate, give away, or transfer your NFT to a new owner through the Approved Marketplace, the associated license shall be transferred to that new owner, and you will have no further rights in or to the NFT or NFT IP (defined below). If at any time you burn or otherwise dispose of your NFT for any reason, or sell, trade, donate, give away, or transfer your NFT other than through the Approved Marketplace, the license will immediately expire with respect to that NFT without the requirement of notice or any further action, and you will have no further rights in or to the NFT or NFT IP.

Subject to your complete and ongoing compliance with this Agreement, applicable Additional Terms, and any other applicable terms, Dimah Design grants you, solely for your personal, non-commercial use, a limited, worldwide, non-exclusive, non-transferable (except in connection with a Secondary Sale), non-sub licensable, revocable license to publicly or privately display (including on social media platforms and digital galleries) any intellectual property (or related intellectual property rights) included in the NFT owned by you (such intellectual property, including any name, image, likeness, art, design, and drawings (in any form or media, including, without limitation, video or photographs) that may be included in such NFT, “NFT IP”) solely 

(a) for your own personal, non-commercial use; 

(b) as part of a marketplace that permits the purchase and sale of your NFTs, provided that the marketplace cryptographically verifies your right to display the NFT IP to ensure that only the actual owner of such NFT can display such NFT IP; or

(c) as part of a third party website or application that permits the inclusion, involvement, or participation of your NFT, provided that the website/application cryptographically verifies each NFT owner’s rights to display the NFT IP for their NFT to ensure that only the actual owner of such NFT can display the NFT IP, and provided that the NFT IP is no longer visible once the owner of the NFT leaves the website/application. 

For clarity, except for the foregoing license, neither your purchase of the NFT nor this Agreement grants you any other license or rights to any NFT IP and you agree that all rights, titles and interests in and to the NFT IP belong exclusively to Dimah Design (or, as applicable, its subsidiaries and/or licensors) and no rights are granted to you other than the foregoing license.

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: 

• Profit from, license or otherwise commercialize in any way the NFT or its contents, including in connection with the marketing, advertising, or selling of any third-party product (including giving away such products in the hopes of eventual commercial gain), except as part of a Secondary Sale;

• Modify the NFT or its contents in any way or combine the NFT or its contents with, or embed the NFT or its contents into, any digital or other content or media;

• Use the NFT or its contents in any manner which infringes upon the intellectual property rights of any person or entity;

• Use the NFT in connection with or to promote any illegal activity, hate speech, violence, inappropriate or obscene content, or in any other manner which could tarnish or harm the reputation of Dimah Design, Third Party Sites operators and its affiliates;

• Use the NFT IP except as incorporated in your NFTs;

• Trademark, copyright, or seek to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the NFT IP, including any Dimah Design names, trademarks, logos, or other source indicators contained or depicted therein;

• Attempt to mint, tokenize, or create an additional cryptographic token representing the NFT IP on any platform;

• Falsify, misrepresent, or conceal the authorship of the NFT IP or the NFT;

• Commit any of the foregoing actions with respect to the NFT IP; and

• Encourage or permit any third party to do any of the foregoing.

Third Party Sites reserve the right to limit, change, cancel, or relist any auctions, without prior notice, even after bids have been submitted.

Assumption of Certain Risks

Dimah Design is an intermediary and not an agent or fiduciary for any purpose. NFTs are intangible digital assets and exist only by virtue of the ownership record maintained in the Third Party Sites network. Due to the rapidly evolving nature of the digital asset market, it is not possible to know all of the risks involved in making an investment in digital assets, and new risks may emerge at any time. The following are some, but not all, of the risks associated with services offered on the Third Party Sites:

• Cryptocurrency and the blockchain. Dimah Design does not control the Third Party Sitesor take any possession, custody or control of any cryptocurrency used to purchase an NFT. By your use of the Third Party Sites, you acknowledge you are aware of and accept all risks associated with a cryptographic system, including the Third Party Sitesblockchain, decentralized ledgers, smart contracts, digital wallets, and non-fungible tokens. Dimah Design is not responsible for the operation of the Third Party Sitesblockchain, or for any losses due to the Third Party Sites blockchain or the use of a digital currency, including without limitation,

• (i) internet connectivity,

• (ii) hardware malfunctions,

• (iii) software bugs, viruses or exposure to malicious software,

• (iv) security breaches of your digital wallet,

• (v) system failures or outages, including our own, of a blockchain or blockchain application on which we depend,

• or with respect to third-party or decentralized trading platforms, applications or other intermediaries, counterparties or custodians, which could result in an indefinite loss of access to a digital asset. There are certain risks inherent in the dependence of transactions involving digital assets on a “private key,” which, if lost, stolen or otherwise compromised, could result in the irreversible loss of the relevant digital assets. Dimah Design is not responsible or liable for any losses resulting from, related to or based upon any of the foregoing.

• Pricing digital assets. You acknowledge and accept the risk that the price of digital assets is highly speculative and volatile and may be impacted by, among other things, fluctuations in the price of other digital assets. Digital assets also suffer from valuation and liquidity challenges. Dimah Design does not represent, warrant or guarantee the accuracy or fairness of the price of any work sold on or off any Third Party Sites marketplace, or that any such works will retain or increase their value. You acknowledge and agree that Dimah Design is not a fiduciary nor owes any duties to any user of the services, including the duty to ensure fair pricing of works or to police user behavior on the Third Party Sitesmarketplace. You solely bear the risk of loss in purchasing, selling and/or transferring digital assets.

• Evolving regulatory landscape. The regulatory landscape governing blockchain technologies, cryptocurrencies, and NFTs is evolving. Changes in the legislative or regulatory environment may impact our ability to offer certain products or services. In addition, there are risks associated with the dependence on third-party decentralized trading platforms, applications or other intermediaries (e.g., exchanges), counterparties or custodians to hold or convert digital assets that may be subject to little or no regulation, or that may operate in violation of regulations, including regulations related to sanctions compliance and anti-money laundering.

• Tax Obligations. You are solely responsible for determining what, if any, tax obligations might arise from your transactions. Except as required by law,

• (i) Dimah Design not responsible for determining your tax reporting or compliance obligations, and

• (ii) you are solely responsible for all tax obligations, including payment obligations, arising from your transactions completed via the Third Party Sites.

Unauthorized Use

The Sites may not be used for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of this Agreement or applicable Additional Terms may immediately and automatically terminate your right to use and access the Sites and may subject you to legal liability.
We reserve the right to take appropriate legal action for any illegal or unauthorized use of the Sites.
In addition to any right or remedy that may be available to use under this Agreement or under applicable law, we reserve the right to limit, suspend or terminate your access to the Sites at any time, without notice and without cause. We may also refer any information on illegal activity, including your identity to the proper authorities.

Site Contents

Unless otherwise noted, the Sites, and all features and materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Dimah Design, and other trademarks appearing on the Sites are the trademarks of Dimah Design and/or its subsidiaries.
The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.
Unless otherwise specified, the Sites and the Contents are intended to promote Dimah Design's products and services available worldwide. 

Errors, Inaccuracies, and Omissions

Information on our Sites may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice.

Notice and Procedure for Making Claims of Copyright Infringement

Dimah Design respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Dimah Design's Digital Millennium Copyright Act ("DMCA") designated agent the written information specified below: 

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed upon;

• A description where the material that you claim is infringing is located on the Site;

• Your address, telephone number, and email address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Dimah Design's Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as follows: 

Dimah Design
Email: info@dimah.info 

Third Party Transactions

Through your use of the Third Party Sites, you may have the opportunity to engage in commercial or other transactions with other users or third parties. You acknowledge that all transactions relating to any products or services offered by any third party, including but not limited to the payment terms, warranties, guarantees, and delivery terms relating to these transactions, are agreed to solely between the third party and you, and that you will look solely to the involved third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party but all limitations of liability and other rights of Dimah Design shall apply nonetheless. Any warranty that is provided by a third party in connection to any products, services, materials or information from that third party is provided solely by that third party and not by Dimah Design.

U.S. Sanctions and Export Controls

Software made available to you by the Third Party Sites (the “Software”) if any, is subject to U.S. sanctions and export controls. No Software may be downloaded from the Third Party Sites or otherwise exported or re-exported in violation of U.S. sanctions and export laws. Downloading or using the Software is at your sole risk.

Right to Change Sites

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.

Links to Other Websites and Services

The Sites may contain links to other websites that are not under the control of Dimah Design. Dimah Design has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the Sites and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for your convenience and information.

Indemnification

You agree to defend, indemnify and hold Dimah Design harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.

Limitation of Liability

In no event will Dimah Design be liable to you for any special, incidental, exemplary, indirect, punitive, or consequential damages (including loss of profits) with respect to the subject matter of this Agreement, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not you have been advised of the possibility of such loss or damage. Dimah Design’s aggregate liability under this Agreement shall not exceed the net revenues actually received by Dimah Design in connection with any transaction in which you purchased or sold your NFT. The foregoing limitation of liability shall only apply to the extent permitted by applicable law. In no event will Dimah Design be liable for any inability for you to access the NFT IP for any reason, including as a result of any downtime, failure, obsolescence, removal, termination or other disruption relating to (a) the servers upon which the NFT IP is stored; (b) the Approved Marketplace or (c) any other NFT platform.

DISCLAIMER OF WARRANTIES

Your use of the sites is at your own risk. To the fullest extent permitted by law, you are responsible for complying with this agreement and all applicable laws with respect to the use of the sites. Except as otherwise expressly provided in this agreement, these sites, including all information and content made available on or accessed through the sites, are made available to you “as is” without warranties or representations of any kind. Further, to the fullest extent permissible by law, we disclaim all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose of the sites, the contents within and the products or services listed or purchased through the sites. We do not warrant that the functions contained in the sites or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the sites or the server that makes it available is free of viruses or harmful components. To the fullest extent permitted by law, we shall not be liable for the use of the sites, including, without limitation, the content and any errors contained therein. This disclaimer constitutes an essential part of these terms.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the lesser of 

(a) the amount paid by you for products and services that are the subject of the claim at issue during the prior 12 months or 

(b) $10. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. 

Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Assignment

We may assign our rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. This Agreement (including, without limitation, the license granted hereunder) is personal to you and shall not be assigned or transferred by you, except to a new owner of the NFT as described above. Any other attempt by you to assign, sub-license, or transfer your rights under this Agreement shall be null and void.

Termination

These terms are effective unless and until terminated by either you or Dimah Design. You may terminate this Agreement at any time. Dimah Design also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

General

The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Dimah Design.'s right to require strict observance of each of the terms herein. This Agreement constitutes the entire agreement between us relating to your use of the Sites.

We control and operate the Sites from the United States of America. We do not represent that the contents on the Sites or other materials are appropriate or available for use in other locations. If you choose to access the Sites from other locations, you do so at your own risk and are responsible for compliance with all local laws, if and to the extent local laws are applicable.