Last Updated: March 22, 2022
Welcome to bizflip, owned and operated by The Smile Guys, Inc. d/b/a bizflip ("bizflip," "we," "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the Bizflip website(s), our APIs, mobile app (the "App"), and any other software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to view, explore, and create NFTs and use our tools, at your own discretion, to connect directly with others to purchase, sell, or transfer NFTs on public blockchains (collectively, the "Service"). "NFT" in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.
For purposes of these Terms, "user", "you", and "your" means you as a user of the Service. If you use the Service on behalf of a company or other entity then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN SECTION 16 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.
BY CLICKING TO ACCEPT AND/OR USING OUR SERVICE, 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.
Bizflip is not a wallet provider, exchange, financial institution, or creditor. Bizflip provides a peer-to-peer web3 service that helps users discover and directly interact with each other and NFTs available on public blockchains. We do not have custody or control over the NFTs or blockchains you are interacting with and we do not execute or effectuate purchases, transfers, or sales of NFTs. To use our Service, you must use a third-party wallet which allows you to engage in transactions on blockchains.
Bizflip is not party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using the Service and we make no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on the Service.
Because we have a growing number of services, we sometimes need to provide additional terms for specific services (and such services are deemed part of the "Service" hereunder and shall also be subject to these Terms). Those additional terms and conditions, which are available with the relevant service, then become part of your agreement with us if you use those services.
Bizflip reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes. By continuing to access or use the Service, you confirm your acceptance of the revised Terms. It is your sole responsibility to review the Terms from time to time.
Like much of web3, your blockchain address functions as your identity on bizflip. Accordingly, you will need a blockchain address and a third-party wallet to access the Service. Your account on the service ("Account") will be associated with your blockchain address.
By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with bizflip, and bizflip does not have custody or control over the contents of your wallet.
You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Service or your Account.
You represent and warrant that you will comply with all applicable laws when using the Service. Without limiting the foregoing, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you have not been identified as a Specially Designated National or placed on any U.S. Government list of prohibited, sanctioned, or restricted parties.
We require all users to be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only use bizflip through a parent or guardian's Account and with their approval and oversight. It is prohibited to use our Service if you are under 13 years old.
The Service, including its "look and feel" (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials are the proprietary property of Bizflip or our affiliates, licensors, or users, as applicable.
Bizflip's name, logo, trademarks, and any bizflip product or service names, designs, logos, and slogans are the intellectual property of Bizflip or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission.
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Service provided that such license is subject to your compliance with these Terms.
As a peer-to-peer web3 service, bizflip helps you explore NFTs and/or Assets created by third parties and interact with different blockchains. Bizflip does not make any representations or warranties about this third-party content visible through our Service.
The Service may contain links to third-party websites and applications. Such Third-Party Websites and Applications are not under the control of Bizflip. Bizflip is not responsible or liable for any Third-Party Websites or Applications. You use all such links at your own risk.
To protect our community and comply with our legal obligations, we reserve the right to take action if we believe you have violated these Terms. You agree that you will not violate any law, contract, intellectual property or other third-party right.
You agree that you will not:
You are solely responsible for your use of the Service and for any information you provide. By using the Service in conjunction with creating, submitting, posting, or displaying content, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content you submit.
You represent and warrant that you have all rights, licenses, consents, and permissions necessary to grant the rights for any content that you create, submit, post, or display on or through the Service.
Bizflip will take down works in response to Digital Millennium Copyright Act ("DMCA") takedown notices. If you believe that your content has been copied in a way that constitutes copyright infringement, please contact us at:
The Smile Guys, Inc.
Attn: Legal Department
PO Box 271
Indian Trail, NC 28107
Email: support@bizflip.io
IMPORTANT: You agree that any dispute, controversy, or claim relating to your access or use of the Service will be resolved by binding arbitration, rather than in court, except that you or Bizflip may assert claims in small claims court if the claims qualify.
Waiver of Jury Trial: YOU AND BIZFLIP HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
Waiver of Class Actions: ALL CLAIMS AND DISPUTES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE OR COLLECTIVE CLASS BASIS.
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIZFLIP DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR ANY USE OF NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES ARISING FROM: (A) USER ERROR; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES.
You accept and acknowledge:
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL BIZFLIP BE LIABLE TO YOU FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.
IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BIZFLIP EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY BIZFLIP FOR ITS SERVICE DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM.
Please refer to our privacy policy for information about how we collect, use, and share personal data about you. By submitting personal data through our Service, you agree to the terms of our privacy policy.
These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina. Any dispute shall be resolved in the state or federal courts sitting in North Carolina.
If you breach any of these Terms, all licenses granted by Bizflip will terminate automatically. We reserve the right to suspend, disable, or terminate your Account at any time and for any or no reason.
These Terms constitute the entire agreement between you and Bizflip relating to your access to and use of the Service. If any provision is found invalid or unenforceable, that provision will be severable and the remainder shall continue in full force and effect.
Please review our privacy & cookies tracking policies, which also govern your use of the bizflip Services. Bizflip will collect your personal information including your name, contact details, and payment details. All personal information will be handled in accordance with all applicable privacy laws.
When you use the bizflip Services or send communications to us, you are communicating with us electronically. You consent to receive communications from us electronically.
By registering and creating an account with Bizflip, you represent and warrant that you are over 18 years of age. You are responsible for maintaining the confidentiality of your account and password.
You may have only one account unless authorized by Bizflip in writing. You must ensure that the details you provide to us are correct and complete.
Bizflip allows third-party sellers to list and sell their assets using the Bizflip Services. Bizflip does not own, create, sell, or control listings or the assets contained therein.
Bizflip provides an avenue for sellers and buyers to negotiate and complete transactions. The contract between sellers and buyers is solely between them - Bizflip is not a party to this contract.
When you create a listing, you will be asked to provide complete and accurate information about your asset. You are responsible for your listing and keeping it up to date at all times.
You warrant that you own the asset or are entitled to sell it, and that the asset is transferable to a buyer.
You will be charged a listing fee when you list an asset for sale. Listing fees are non-refundable.
If you successfully sell a listed asset, you agree to pay Bizflip a success fee calculated as a percentage of the total transaction value. Our success fee is non-negotiable and non-refundable.
For questions about these Terms, please contact: