OnChain Vision Terms and Conditions

“Terms and Conditions”

Last Updated and Effective as of: August 6, 2024

Welcome to OnChain Vision (“OCV”), which is owned and operated by Coinbase, Inc. (“Coinbase,” “us,” or “we”, “our”). OnChain Vision is a curated content stream where anyone can watch, listen to, and buy pieces of content directly from artists.

By accessing or using any part of OCV, you accept and ensure that your agents, heirs, successors and other affiliates accept, without limitation or qualification, these Terms and Conditions. If you do not agree with all of these Terms and Conditions, you may not use any portion of OCV. By using OCV you understand and accept that Coinbase is based in the United States and operates its service so you are submitting to the laws of the United States and using OCV as if you are a U.S. resident with the protections of the State of California and laws of the United States applying.

We may, in our sole discretion, make changes to these Terms and Conditions which will become effective on the earlier of the date that the updated Terms and Conditions are posted to our website at onchainvision.art (“OCV Website”) or the date we have otherwise notified you that we have made changes to the Terms and Conditions. It is your obligation to ensure that you read, understand and agree to the latest version of the Terms and Conditions that is posted to the OCV Website. If you do not agree with any changes to these Terms and Conditions, your sole and exclusive remedy is to not use OCV. If you continue to use OCV after we change these Terms and Conditions, you consent to be bound by the Terms and Conditions as amended.

If you reside in the United States then you agree that you have read, understand and accept the Coinbase Onchain Vision Arbitration Agreement, which is hereby incorporated by reference.

BY AGREEING TO THE ONCHAIN VISION ARBITRATION AGREMEENT BELOW, YOU AGREE TO RESOLVE DISPUTES WITH US VIA BINDING ARBITRATION OR IN SMALL CLAIMS COURT (INSTEAD OF A COURT OF GENERAL JURISDICTION), AND YOU AGREE TO DO SO AS AN INDIVIDUAL (INSTEAD OF AS A MEMBER OF A CLASS IN A CLASS ACTION). TO THE EXTENT THAT THE LAW ALLOWS, YOU ALSO WAIVE YOUR RIGHT TO A TRIAL BY JURY.

  1. Authorized Use of OCV: Any use of OCV not explicitly permitted by Coinbase requires the prior written consent of Coinbase. You must be eighteen (18) years of age or older to create an account and use or enjoy benefits of OCV have the legal authority to enter into contracts, and have not been previously suspended or removed from our services. If you use OCV on behalf of others you agree that you will obtain their authorization prior to acting on their behalf, will inform them about the terms that apply to OCV and ensure they agree to such terms, and you are responsible for paying any amounts due and making any change/cancellation requests and for all other matters related to OCV. If applicable, you are responsible for keeping your account secure and letting us know about any unauthorized use of your account.
  2. Unauthorized Use of OCV: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on OCV. Further, you may not use any such automated means to manipulate OCV, such as automating what are otherwise manual or one-off procedures. You may not engage in any behavior like bidding on an auction (or making a purchase) with the intention of artificially increasing the price or creating the appearance of market interest or market activity. Don't engage in misleading transactions, like selling an NFT to yourself to establish a misleading price. For clarity, when we speak of an “NFT” or non-fungible token in these Terms and Conditions, we mean the blockchain asset defining the NFT. Don't collude with others to manipulate prices. You may not take any action to interfere with, or disrupt, OCV or any other user's use of OCV, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” OCV, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not use our service to carry out any regulated financial activities, including listing NFTs that entitle owners to financial rewards or that may represent securities or derivatives. You may not use our service for fundraising, including fundraising for a business, protocol, or platform. You may not frame portions of OCV within another website or application. You may not rent or resell use of, or access to, OCV to any third party without our prior written consent. You may not impersonate another user or entity. Username squatting is prohibited and may result in reassignment of a username.

We may decide not to process or enable an interaction, transaction or other activity if we become aware of the same and are able to determine that the interaction, transaction or other activity is in violation of these Terms and Conditions, applicable laws or any other Coinbase agreement or policies or practices, or might expose you, other Coinbase users, our partners or Coinbase to harm. Harm includes fraud, harassment and other criminal acts. If we reasonably suspect that in connection with OCV you have engaged in any activity that is the subject of an alleged or actual criminal or civil complaint or claim including for any alleged or actual unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you and/or any of your transactions with law enforcement or other governmental authority or pursuant to administrative or court order.

  1. Beta Features and Trial Services: From time to time, Coinbase may add new features to OCV that are described as “beta” (“Beta Feature(s)”) and/or offer trial services (“Trial Service(s)”). Beta Features and/or Trial Services may have associated fees, which will be disclosed to you at the time you choose to use the Beta Features and/or Trial Services. You acknowledge that Beta Features and/or Trial Services may be untested, non-functional, and/or partly functional features of OCV. If you elect to use a Beta Feature and/or Trial Services, you do so at your own risk. Once you use a Beta Feature, you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the prior non-beta version. Notwithstanding anything else in these Terms and Conditions to the contrary, Coinbase does not make any warranties or representations with respect to such Beta Features and/or Trial Services and does not warrant that the Beta Features and/or Trial Services will be provided with due care. Do not rely on the Beta Features and/or Trial Services for any purpose whatsoever. Beta Features and/or Trial Services may harm and/or interrupt the regular running of your software and/or hardware. Without limiting the foregoing, Beta Features and/or Trial Services will be considered part of OCV and all provisions of these Terms and Conditions relating to OCV will apply to the Beta Features and/or Trial Services.
  2. Corrections: We attempt to be as accurate as possible and eliminate errors on and in connection with OCV, however, we do not warrant that any product or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether in connection with OCV, in an order confirmation, in processing an order, or otherwise, we reserve the right to correct such error and otherwise change or update the information relating to OCV at any time without notice, revise your order accordingly if necessary (including charging the correct price) and/or cancel your order and refund any amount charged.
  3. Registration: In order to access and enjoy OCV, you may be required to provide specific information. You must provide accurate and up-to-date information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. We may suspend or terminate your access at any time with or without notice.

Our OnChain Vision Privacy Policy governs how we collect and use personal information that is submitted through OCV. Upon agreeing to be bound by these Terms and Conditions you confirm that you have read, understood and accepted the OnChain Vision Privacy Policy.

  1. Content and Research: As part of our service, you have the opportunity to provide content (for example, content associated with NFTs and textual comments). You understand and agree that Coinbase has no obligation to make any content you provide public on OCV or otherwise. We reserve the right to remove your content at our discretion, without notice and without liability. When you provide content, you may be asked to label or categorize your content; failing to do so accurately may result in your content being removed or your account being terminated. We also reserve the right to label or categorize your content and allow other users to label or categorize your content. How your content is labeled or categorized may affect how it is displayed by OCV. To learn more, see our OnChain Vision Content Policy and OnChain Vision Removals Policy.

Before providing content, you promise and attest that you own and control all of the intellectual property rights to your content (or that you have the necessary license rights to the content) and that your content is lawful. When you submit content (for example, NFTs, text, or images) to OCV, you retain your intellectual property rights in your content and you provide us with a license to your content. When you purchase an NFT using OCV, you should not assume that you own any copyright or license to the content associated with the NFT.

By using OCV you grant us a worldwide, non-exclusive, royalty-free, sublicensable, perpetual, and transferable license to host, publish, display, perform, reproduce, copy, distribute, communicate, modify, reformat, translate, or otherwise use your content (including your NFT, images, text, content, files, communications, and other content you provide) as well as your name, user handle, photo, image, and/or likeness to operate, improve, develop, and promote our service in any and all media now known or hereinafter devised.

Before you purchase an NFT or other content using our service, it is important for you to understand that you are purchasing the NFT or content directly from the seller. You should assume that we don't endorse the NFT or content in any way, have not verified its authenticity. It is your responsibility to determine its authenticity and determine the truthfulness of any claims made by the seller, especially claims about rarity, uniqueness, intellectual property ownership, or value. The seller determines the price, and that price may not reflect the true market value of the NFT or content.

If our service displays information about the rarity of an NFT or other content, it is merely an estimation and may change, especially if minting is ongoing. You should not assume that purchasing an NFT gives you any legal rights beyond mere ownership of the underlying blockchain asset. A transaction between a buyer and a seller takes place in a peer-to-peer fashion on a public blockchain, like Ethereum. We do not guarantee that the transaction will be included in the blockchain. For example, your transaction may not be included in the blockchain if there is network congestion, you fail to pay an adequate transaction fee, or if a technical problem with the blockchain arises. Furthermore, even if your transaction is included in the blockchain, it may still fail to complete successfully. For example, your transaction will fail if the owner of the NFT or other content changes before your transaction is processed by network miners or network validators. In such circumstances, your transaction fee will be forfeited to the network miners or network validators. Buyers and sellers who discover each other via our service are under no obligation to transact using the smart contracts that we may deploy, and are free to transact with each other via any smart contract of their choice. Our service is not intended as a barter exchange. Your transaction may have tax implications. We do not provide tax advice. If you have tax-related questions, you should consult a tax professional. It is your responsibility to report and pay any applicable taxes.

You acknowledge that the NFTs you collect are in your custody and stored in a wallet that you control. Because you control your wallet, there is no way for us to help you if you lose control over your wallet. It is your responsibility to keep your wallet safe from both theft and inadvertent loss. Be sure to back up any recovery passphrase associated with your wallet and keep the recovery passphrase both secret and safe.

  1. Proprietary Rights: Unless otherwise explicitly set forth herein, Coinbase is the owner of or otherwise licensed to use all parts of the OCV Website and other Coinbase offerings (“Coinbase Offerings”), OCV including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on OCV may belong to third parties who have authorized Coinbase to display the materials, such as portfolio works, client logos and trademarks and other proprietary materials. By using OCV, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using OCV. All rights not granted under these Terms and Conditions are reserved by Coinbase.
  2. No Ideas Accepted: Coinbase does not accept any unsolicited ideas from outside Coinbase including without limitation suggestions about advertising, promotion of our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to Coinbase, you understand and acknowledge that such idea is not submitted in confidence and Coinbase assumes no obligation, expressed or implied, by considering it. You further understand that Coinbase shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Coinbase. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Coinbase an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
  3. Links; Third Party Transactions: OCV may contain links to other websites or applications not maintained by Coinbase. Other websites or apps may also reference or link to OCV. We encourage you to be aware when you leave the platform and to read the terms and conditions and privacy statements of each and every website or app that you visit. You understand and agree that except as otherwise set forth in these Terms and Conditions, Coinbase is not responsible for the goods and services that you purchase from third parties through OCV. We are not responsible for the practices or the content of such other websites or apps. Through your use of OCV, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and you, and that you will look solely to such 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 Coinbase shall apply nonetheless. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through OCV. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH OCV FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US. Any questions and/or complaints about such offerings shall be directed to the applicable third party.
  4. Rights to Cease Using OCV or Terminate; Effects of Termination: You may cease to use OCV at any time. We may terminate your access to OCV for any reason or no reason (with or without notice) at any time, including (but not limited to), if you (a) have violated these Terms and Conditions or any other agreement you have with Coinbase, or Coinbase's policies, (b) pose an unacceptable credit or fraud risk to us, and/or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct on OCV. Further, Coinbase may suspend or terminate OCV (or any portion thereof) at any time without notice if we believe that we are required to do so by applicable law.
  5. Your Representation and Warranties: You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to use OCV and have the right, power, and ability to enter into and perform under these Terms and Conditions; (c) if applicable, the name identified by you when you registered is your name; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including any applicable tax laws and regulations; (e) you will not use OCV, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of OCV; and (f) your use of OCV will be in compliance with these Terms and Conditions. You will comply with all applicable export laws and restrictions and regulations of the US Department of Commerce, the US Department of Treasury Office of Foreign Assets Control, or other United States or foreign agency or authority, and you will not use OCV to export, or allow any export or re-export in violation of any such restrictions, laws or regulations. You represent and warrant to Coinbase that you are not a prohibited party or located in, under the control of, or a national or resident of any restricted country, and that you will otherwise comply with all applicable export control laws. You represent and warrant that you have implemented protections against your integration being used to violate the law, including sanctions programs administered by the Office of Foreign Assets Control.
  6. No Warranties: OCV IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COINBASE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO OCV OR ANY OTHER OFFERINGS. COINBASE DOES NOT WARRANT THAT YOUR USE OF OCV WILL (A) BE SECURE, TIMELY, ERROR-FREE OR UNINTERRUPTED, (B) REMAIN UPDATED, COMPLETE OR CORRECT, (C) MEET YOUR REQUIREMENTS; (D) THAT THE SYSTEMS THAT MAKE OCV AVAILABLE (INCLUDING WITHOUT LIMITATION THE INTERNET, OTHER TRANSMISSION NETWORKS, AND YOUR LOCAL NETWORK AND EQUIPMENT) WILL BE UNINTERRUPTED OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. COINBASE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS CAUSED, OR ALLEGED TO BE CAUSED, DIRECTLY OR INDIRECTLY BY THE TRANSMISSION OF CARDHOLDER DATA PRIOR TO ITS ENCRYPTION AND RECEIPT BY SERVER(S) OWNED OR CONTROLLED BY COINBASE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF ANY MATERIALS FROM OCV. COINBASE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABLITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS AND CONDITIONS) ARE MADE ON BEHALF OF BOTH COINBASE AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, CONTRACTORS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, AND JOINT VENTURERS (COLLECTIVELY, THE “COINBASE PARTIES”). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, WARRANTIES AND DAMAGES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

TO BE CLEAR, COINBASE'S COMMITMENTS AND RESPONSIBILITIES TO YOU IN RESPECT OF ANY SERVICES WE OFFER EXTEND TO THE SPECIFIC FUNCTIONALITY AND FEATURE SETS AND OFFERINGS OF OCV AND IS MEANT IN NO WAY TO INCLUDE ANY VENDORS OR ANY THIRD PARTY OFFERINGS BY ANY THIRD PARTY ADVERTISERS, SPONSORS AND/OR OTHER PARTIES WHOSE OFFERINGS MAY BE ACCESSED THROUGH OCV.

  1. Release: OCV IS CONTINUALLY UNDER DEVELOPMENT AND COINBASE MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS THE COINBASE PARTIES FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OCV, INCLUDING, BUT NOT LIMITED TO ANY CLAIMS ARISING OUT OF A DISPUTE YOU HAVE WITH ANOTHER USER OF OUR SERVICES; ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS; ANY CLAIMS ARISING OUT OR RELATED TO YOUR VIOLATION OF ANY LAW, RULE, REGULATION, OR THE RIGHTS OF ANY THIRD PARTY; OR ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR INTEGRATION WITH OCV IN YOUR PRODUCT OR SERVICE.
  2. Waiver by California Residents: IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” THE FOREGOING RELEASE DOES NOT APPLY TO ANY CLAIMS, DEMANDS, OR ANY LOSSES, DAMAGES, RIGHTS AND ACTIONS OF ANY KIND, INCLUDING PERSONAL INJURIES, DEATH OR PROPERTY DAMAGE FOR ANY UNCONSCIONABLE COMMERCIAL PRACTICE BY COINBASE AND/OR FOR COINBASE'S FRAUD, DECEPTION, FALSE, PROMISE, MISREPRESENTATION OR CONCEALMENT, SUPPRESSION OR OMISSION OF ANY MATERIAL FACT IN CONNECTION WITH OCV OR CLASS. CONSUMER COMPLAINTS. IN ACCORDANCE WITH CALIFORNIA CIVIL CODE §1789.3, YOU MAY REPORT COMPLAINTS TO THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS BY CONTACTING THEM IN WRITING AT 400 R STREET, SACRAMENTO, CA 95814, OR BY TELEPHONE AT (800) 952-5210.
  3. Indemnification: You agree to indemnify, defend, and hold harmless the Coinbase Parties from and against any and all third party claims alleged or asserted against any of them, and all related complaints, charges, claims, damages losses, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees and costs) due to, arising out of, or relating in any way to: (a) use (or misuse) of OCV, (b) any actual or alleged breach by you of these Terms and Conditions; (c) any access to or use of any Coinbase Offerings accessible thereby; (d) any actual or alleged violation by you of the intellectual property, privacy or other rights of a third party; and (e) any dispute between you and another party regarding ownership of, or any use or access (including by Coinbase) to, your data. Coinbase reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Coinbase in asserting any available defense and doing so will not otherwise excuse your indemnity obligations. Your release and indemnity hereunder is broad and extends to all damages and includes attorneys' fees arising out of defending any of the above claims. Your release and indemnification also extends to any fines, fees, or penalties imposed by any governmental or regulatory authority.
  4. Severability: If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
  5. Waiver; Remedies: The failure of Coinbase to partially or fully exercise any rights or the waiver of Coinbase of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Coinbase or be deemed a waiver by Coinbase of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Coinbase under these Terms and Conditions and any other applicable agreement between you and Coinbase shall be cumulative, and the exercise of any such right or remedy shall not limit Coinbase's right to exercise any other right or remedy.
  6. Assignment: These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you, but may be assigned, transferred or delegated by Coinbase without restriction. These Terms and Conditions are binding on the parties and their successors and permitted assigns.
  7. Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW COINBASE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA USE, GOODWILL, OR OTHER INTANGIBLE LOSSESS RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OCV; (B) THE CONDUCT OR CONTENT OF OTHER USER OR THIRD PARTIES ON OR THROUGH OCV OR THIRD PARTY OFFERINGS OR CONTENT; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR USER CONTENT, EVEN IF COINBASE HAS BEEN ADVISED OF THE POSSIBITY OF SUCH DAMAGES. THE EXCLUDED DAMAGES WILL INCLUDE, WITHOUT LIMITATION, DAMAGES RESULTING FROM FRAUD, EMBEZZLEMENT, THEFT, IDENTITY THEFT, OR INVASION OF PRIVACY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COINBASE PARTIES' AGGREGATE LIABILITY, COLLECTIVELY, FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY USER SUBMISSIONS, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE LESSER OF: (I) FEES ACTUALLY PAID BY YOU DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE INCIDENT; OR (II) ONE THOUSAND UNITED STATES DOLLARS ($1,000). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS AND CONDITIONS) APPLY WITH RESPECT TO BOTH COINBASE AND THE COINBASE PARTIES. IF YOU ARE A RESIDENTT OF NEW JERSEY, THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY ONLY TO THE EXTENT PERMITTED BY NEW JERSEY LAW.
  8. Electronic Communications; Disclosures and Notices: The communications between you and Coinbase may use electronic means. For contractual purposes, you (a) consent to receive communications from Coinbase in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Coinbase provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. You are responsible for providing Coinbase with your most current e-mail address. In the event that the last e-mail address you provided to Coinbase is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms and Conditions, Coinbase's dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

  1. Dispute Resolution. If you have a dispute with us unrelated to intellectual property, you agree to first contact Coinbase Support via our Customer Support page (https://help.coinbase.com). If Coinbase Support is unable to resolve your dispute, you agree to follow our Formal Complaint Process. You begin this process by submitting our complaint form. If you would prefer to send a written complaint via mail, please follow the process set forth on the complaint form. The Formal Complaint Process is completed when Coinbase responds to your complaint or 45 business days after the date we receive your complaint, whichever occurs first. You agree that you shall not be permitted to file an arbitration demand in connection with any claim regarding infringement or other misuse of intellectual property rights.
  2. Arbitration Agreement; Class Action Waiver and Jury Trial Waiver. Except for infringement or other misuse of intellectual property rights, if you reside in the United States and if you have a dispute with us or if we have a dispute with you, the dispute shall be resolved through binding arbitration or in small claims court pursuant to the Onchain Vision Arbitration Agreement.

As an illustration only, the following is a summary of some of the terms of the Onchain Vision Arbitration Agreement:

If you reside outside the United States then the OnChain Vision Arbitration Agreement

does not apply to you.

  1. Time Bar: Unless otherwise provided by applicable law, an action or proceeding by you relating to any dispute must commence within one (1) year after the cause of action occurs.
  2. Entire Agreement: Except as expressly provided in these Terms and Conditions, these Terms and Conditions constitute a complete statement of the agreement between you and Coinbase and describes the entire liability of Coinbase and your exclusive remedy with respect to your access and use of OCV. If any provision of these Terms and Conditions is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Terms and Conditions do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Coinbase. Headings are included for convenience only, and shall not be considered in interpreting these Terms and Conditions. These Terms and Conditions do not limit any rights that Coinbase may have under trade secret, copyright, patent, or other laws.

Any provision that is reasonably necessary to accomplish or enforce the purpose of these Terms and Conditions shall survive and remain in effect in accordance with their terms upon and following the termination for whatever reason of these Terms and Conditions.

OnChain Vision Content Policy

“OnChain Vision Content Policy”

Last Updated and Effective as of: August 6, 2024

Coinbase has a simple approach to content moderation. We follow local laws wherever we operate. In addition, we use the spirit of the First Amendment to the United States Constitution as our guide to what type of legal speech to allow globally.

Our global framework for content decisions is as follows:

What does this mean in practice? Here's guidance to help you figure out what's allowed and what's not on our platform:

The OnChain Vision Terms and Conditions sets out additional policies, information and requirements for OnChain Vision.

OnChain Vision Removal Policy

“OnChain Vision Removal Policy”

Last Updated and Effective as of: August 6, 2024

If you see content on OnChain Vision that you believe violates your legal rights, whether an NFT or a comment, let us know. We'll review the content and consider removing it. For our approach to content moderation and a list of content that is prohibited on OnChain Vision, review our OnChain Vision Content Policy. If you have concerns that an NFT violates local law, please flag it!

INTELLECTUAL PROPERTY: Coinbase respects the valid intellectual property (IP) rights of others and we expect users of OnChain Vision to do the same. Posting content that constitutes an infringement of legal rights violates our Terms and Conditions and may be removed at our discretion. Coinbase complies with the Digital Millennium Copyright Act (DMCA) and we'll respond to claims of copyright infringement using DMCA procedures. If you're an intellectual property owner or authorized to act on behalf of one, you can report infringement by submitting a notification of claimed IP infringement pursuant to the process set forth below. If we remove any content in response to your request, we may notify the NFT owner of your report so they can understand why their content was removed and can contact you directly to resolve any dispute. If you are subject to multiple claimed IP infringement reports resulting in your content being removed, your account may be disabled. The actions we take will depend on the nature of the reported content, the number of times we had to take down your content, or any other appropriate action we have taken in response to complaints about your content or other activities on OnChain Vision. Any decisions regarding repeat infringers shall be made in Coinbase's sole and absolute discretion.

PRIVACY REQUESTS OR OTHER NON-CONSENSUAL CONTENT: If you find content on OnChain Vision that does not have your consent or the consent of a minor in your custody, we will review it for potential removal. This could include an NFT containing a picture of you or personal information about you. Use the below process to create a removal request.

REPORTS: You can send a properly completed notification of claimed IP infringement and/or request for removal to our designated copyright agent at: copyright@coinbase.com

As applicable, submissions to our copyright agent must include ALL of the following information for us to take action:

1. The legal first and last name of the person submitting the report. Pseudonyms are not legal names and will not be accepted.

2. Sufficient contact information for the person submitting the report. This may be an email address, telephone number, and/or a mailing address.

3. The legal name of the IP rights owner. If the owner is an individual, provide the legal first and last name. If the owner is a corporation, provide the full corporate name.

4. A brief description of the protected IP, including any applicable registration numbers.

5. A brief explanation of how the IP has been infringed.

6. The name of the NFT and the OnChain Vision URL associated with the infringing content.

7. The following statement: I have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law. The information in this notice is accurate, and under penalty of perjury, I as the complaining party am authorized to act on behalf of the rights owner. I understand that I shall be liable for any damages, including costs and attorneys' fees, Coinbase incurs related to any misrepresentation that Coinbase relies on to remove or disable access to the material claimed to be infringing.

8. A physical or electronic signature of the person submitting the report. Please note that there are legal and financial consequences for submitting fraudulent or bad faith infringement reports. Before submitting your report, make sure you: (a) are the lawful rights owner or are legally authorized to act on behalf of the lawful rights owner, and (b) have a good faith belief that the content is infringing. For more information, see the Report Claimed IP infringement FAQs below.

OTHER LEGAL CONCERNS: For any content (including a comment posted on the site) that you believe violates your rights or the law but does not fit into one of the categories above, you can also submit a request by submitting an email to copyright@coinbase.com with the subject line “OTHER LEGAL CONCERNS” and include a brief description of what rights or law you believe have been violated. You will be asked for additional information supporting your claim (for example, the law that you are relying on and an explanation of why you believe the content violates that law). In some situations, we may request a court order.

REPORT CLAIMED IP INFRINGEMENT FAQS:

What happens after I submit a notification of a claimed IP infringement? - When we receive a properly submitted notification of a claimed IP infringement, we'll take whatever action we deem appropriate.

For copyright issues we comply with the Digital Millennium Copyright Act (DMCA) and we'll respond to claims of copyright infringement using DMCA procedures. If we remove the reported content, we will use reasonable efforts to notify the NFT owner and they will have an opportunity to send a counter-notice to us explaining why they think their content was removed in error. If the NFT owner submits a properly completed counter-notice in response to a notice of claimed copyright infringement, we will send you a copy. We may restore the NFT if, after receiving the counter-notice, you do not file a court action against the NFT owner and inform us of the court action.

For trademark, right of publicity, or other IP issues if we remove the reported content, we will use reasonable efforts to notify the NFT owner of your report so they can understand why their content was removed and/or can contact you directly to resolve any dispute.

What happens if an NFT is removed? - If we remove an NFT in response to a notification of claimed IP infringement, NFT owners that have provided an email address associated with their OnChain Vision account will be notified directly by email. NFT owners that have not provided an email will be notified directly on OnChain Vision (e.g., a 404 page indicating that content has been removed).

How do I submit a DMCA counter-notice? - You can send your counter-notice to us at copyright@coinbase.com. The counter-notice must include ALL of the following information to be considered:

1. The legal first and last name of the person submitting the counter-notice. Pseudonyms are not legal names and will not be accepted.

2. The contact information of the person submitting the counter-notice for service of process including an email address, telephone number, and physical address.

3. The name of the NFT and OnChain Vision URL associated with the removed content.

4. A brief reason why the person submitting the counter-notice believes the content was removed in error. For example, “I have permission from the copyright owner to use the image.”

5. Write the following statements: I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (if outside the United States, I consent to the jurisdiction of the U.S. District Court for the Northern District of California where Coinbase, Inc. is located), and I will accept service of process from the person who provided the notification of claimed IP infringement or an agent of such person. Under penalty of perjury, I have a good faith belief that use of the content in the manner complained of is not a copyright violation, my content was removed by mistake or misidentification, and the information in this counter-notice is accurate.

6. A physical or electronic signature of the person submitting the counter-notice.

What happens after I submit a DMCA counter-notice - will the content be reposted? - Once you submit a properly completed counter-notice, we will send a copy to the party that submitted the notice of claimed copyright infringement, and they will have ten (10) business days to send us a copy of the court action filed against you or to confirm the dispute is resolved. If we don't receive a timely filed verification of the court action, we may repost the content at issue. If we repost the content, if applicable, we'll remove the complaint from your OnChain Vision account record.

What happens if a notice of claimed IP infringement (or counter-notice) is submitted in bad faith (e.g. known to be false/fraudulent)? - There are legal and financial consequences for submitting a fraudulent or bad faith notice of claimed IP infringement or counter-notice. You can be sued and held liable for damages caused by filing a false claim or counter-notice.

What happens if multiple IP infringement claims are submitted against me? - OnChain Vision reserves the right to disable a user account or user access in circumstances where the user has numerous IP infringement complaints on their NFT account record and has been deemed a repeat infringer. Any decisions regarding repeat infringers shall be made in Coinbase's sole and absolute discretion.

OnChain Vision Arbitration Agreement

“OnChain Vision Arbitration Agreement” or “Arbitration Agreement”

Last Updated and Effective as of: August 6, 2024

1. Applicability of Arbitration Agreement: Except for infringement or other misuse of intellectual property rights, and otherwise subject to the terms of this OnChain Vision Arbitration Agreement, you and Coinbase, Inc. (“Coinbase”, “we,” “us”, or “our”) agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of OnChain Vision (“OCV”) or of the Coinbase or OnChain Vision sites, any communications you receive, any products sold or distributed through the Coinbase or OnChain Vision sites, the Services, or the OnChain Vision Terms and Conditions (the “OCV Terms”) and prior versions of the OCV Terms, including claims and disputes that arose between us before the effective date of the OCV Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that you and Coinbase may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court. For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the OCV Terms as well as claims that may arise after the termination of the OCV Terms.

2. Waiver of Jury Trial: YOU AND COINBASE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Coinbase are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

3. Waiver of Class and Other Non-Individualized Relief: YOU AND COINBASE AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 8, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this OnChain Vision Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the section 8 entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this OnChain Vision Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Coinbase agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes that are not severed shall be litigated in small claims court or arbitrated. This section does not prevent you or Coinbase from participating in a class-wide settlement of claims.

4. Rules and Forum: The OCV Terms evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). If you initiate the arbitration, you must provide Coinbase a copy of your Request by email at arbitration@coinbase.com or through Coinbase's registered agent for service of process. The Request must include: (1) the name, telephone number, mailing address, email address of the party seeking arbitration, and the email addresses (if any) associated with the applicable OnChain Vision's account(s) (if any); (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought, including an accurate, good faith calculation of the amount in controversy in United States Dollars; (4) if you are the party making the Request, a statement certifying completion of the complaint process as described in the OnChain Vision Removals Policy or your basis for not completing the complaint process; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel's name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (a) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (b) the claims, defenses and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Unless you and Coinbase otherwise agree, or the Batch Arbitration process discussed in section 8 is triggered, the arbitration will be conducted in San Francisco, California. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. In any case, you and Coinbase agree that we will not request more than three depositions per side in each arbitration or Batch Arbitration proceeding. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. You and Coinbase agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

5. Arbitrator: The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) business days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under section 8 is triggered, the AAA will appoint the arbitrator for each batch.

6. Authority of Arbitrator: The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the Section entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the Section entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such Section entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction. In any award of damages, the arbitrator shall abide by the “Liability” section of the OCV Terms.

7. Attorneys' Fees and Costs: The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Coinbase need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs.

8. Batch Arbitration: To increase the efficiency of administration and resolution of arbitrations, you and Coinbase agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Coinbase by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by Coinbase. You and Coinbase agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

9. Modification: If we make any updates to the Arbitration Agreement, we will make the updated terms available to you by publishing them on the OnChain Vision website. Your continued use of the OnChain Vision website and/or Services, including the acceptance of products and services offered on the OnChain Vision website following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes.

10. Severability: If any provision of this Arbitration Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Arbitration Agreement shall not be affected.

OnChain Vision Privacy Policy

“OnChain Vision Privacy Policy” or “Privacy Policy”

Last Updated and Effective as of: August 6, 2024

This OnChain Vision Privacy Policy describes how Coinbase, Inc. (“Coinbase Technologies,” “we”, “us” or “our”) handles personal information that we collect through the OnChain Vision website(s) that link to this Privacy Policy, as well as through social media, our marketing activities, and other activities described in this Privacy Policy (collectively, the “OnChain Vision Service”). Please take a moment to read this Privacy Policy carefully. If you have any questions about this policy, please submit your request via our Support Portal. We may modify this Privacy Policy from time to time which will be indicated by changing the date at the top of this page. If we make any material changes, we will notify you by email (if you have an email address specified in your account), by means of a notice on our website prior to the change becoming effective, or as otherwise required by law.

1. ACCEPTANCE OF THIS PRIVACY POLICY: By accessing and using the OnChain Vision Service, you signify acceptance to the terms of this Privacy Policy. We may provide additional "just-in-time" disclosures about certain data processing practices within the OnChain Vision Service; these disclosures may supplement or clarify the privacy practices described here, or may provide you with additional choices about how we process your personal information. If you do not agree with or you are not comfortable with any aspect of this Privacy Policy, you should immediately discontinue access or use of the OnChain Vision Service.

2. THE PERSONAL INFORMATION WE COLLECT:

Information you provide to us. Personal information you may provide to us through the OnChain Vision Service or otherwise includes:

Information obtained from third-party sources. We may combine personal information we receive from you with personal information we obtain from these other sources:

Information collected automatically. We, our service providers, and our business partners may collect certain types of information automatically, such as information about your device, your usage of and interaction with the OnChain Vision Service, and interaction with other online services. This information helps us address customer support issues, improve the performance of the OnChain Vision Service, provide you with a streamlined and personalized experience, and protect your account from fraud or abuse, such as by detecting unauthorized access. Information collected automatically includes:

3. HOW YOUR PERSONAL INFORMATION IS USED: We may use your personal information for the following purposes or as otherwise described at the time of collection:

1) To deliver the OnChain Vision Service, including to

2) To conduct research and development, such as

3) For marketing, including

4) For compliance, protection, and account services, such as to

5) To create anonymous, aggregated or de-identified data.

4. LEGAL BASES FOR PROCESSING YOUR PERSONAL INFORMATION: Our legal bases for processing your information will depend on the personal information at issue, the specific context in which the personal information is collected and the purposes for which it is used. We generally only process your information where necessary to perform our contract with you (or to take steps at your request prior to entering into a contract with you), where we have a legitimate interest as part of operating our business, where we have a legal obligation, where we need to protect the public interest or a vital interest (yours or another person's), or where we have obtained your consent to do so. Below is a list of how we use your personal information, as described above in Section 3, with the corresponding legal bases for processing. If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under "How to contact us" in section 13 below.

Section & Purpose of Processing

Legal Basis for Processing

To deliver the OnChain Vision Service

Necessary to perform our contract with you or to take steps at your request prior to entering into a contract with you.

To personalize your experience; to conduct research and development; To create anonymous, aggregated or de-identified data

Based on our legitimate interests.

For compliance, protection, and account services

Based on our legal obligations (to take down illegal content), to prevent fraud, the public interest, provide account services requests, or in your vital interests.

Marketing (such as where required by applicable law such as CAN-SPAM)

Based on your consent.

5. WHY WE SHARE YOUR PERSONAL INFORMATION WITH OTHER PARTIES: We may share your personal information with the following parties:

Other NFT users and the public. Your activity on OnChain Vision Service is publicly visible. This means that others on or off of the OnChain Vision Service may view information you make available through the OnChain Vision Service, such as when you submit comments, reviews, survey responses, and engage with or share content. This information can be seen, collected, used by, and provided to anyone on or off the OnChain Vision Service, including by being cached, copied, screen captured, transmitted or stored elsewhere (such as through search engines, APIs, and other tools). Those viewing a public blockchain or a different NFT exchange can also view your NFT holdings and purchase/sale activity. You may, however, choose to limit whether certain information is visible on your OnChain Vision Service profile - such as your email address and your NFT holdings. Your private messages with others on the OnChain Vision Service are not publicly visible to others using the OnChain Vision Service.

Affiliates. Our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

Service providers. Third parties that provide services on our behalf or help us operate OnChain Vision Service or our business (such as hosting, information technology, customer support, identity verification, email delivery, marketing, consumer research and website analytics). Examples of the types of service providers we share personal information with include:

Linked third-party services. If you choose to log into OnChain Vision Service with, or otherwise link your OnChain Vision Service account to, your social media account or another third-party website or application of your choice, we may be asked to share information about you with that third party, such as information relating to your profile. You should read the third party's privacy policy and check your account settings on that service, which will govern their use of the shared information.

Authorities and others. Regulatory bodies, tax authorities, law enforcement, government agencies, and industry partners. We share information in order to respond pursuant to applicable law or regulations, court orders, legal process or government requests; to comply with our reporting and information sharing obligations with industry partners and regulatory authorities; to detect, investigate, prevent, or address fraud and other illegal activity or security and technical issues; and to protect the rights, property, and safety of our customers, Coinbase and its affiliates.

Business transferees. Acquirers and other relevant participants in business transactions (or negotiations of or due diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, OnChain Vision Service or our affiliates (including, in connection with a bankruptcy or similar proceedings).

6. OTHER SITES AND SERVICES: OnChain Vision Service may contain links to websites, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

7. HOW WE PROTECT AND STORE PERSONAL INFORMATION: We understand how important your privacy is, which is why Coinbase maintains (and contractually requires third parties it shares your information with to maintain) appropriate physical, technical and organizational measures to protect the security and confidentiality of the personal information you entrust to us. We store your personal information securely throughout the life of your OnChain Vision Service account. We will only retain your personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting obligations, preventing abuse or harm, or resolving disputes, unless otherwise required by applicable legislation to retain for a specified period.

We protect your personal information by maintaining physical, technical, and organizational measures, such as firewalls and data encryption, and physical and technical access controls. However, we cannot guarantee that loss, misuse, unauthorized acquisition, or alteration of your data will not occur. Please recognize that you also play a vital role in protecting your own personal information. If applicable, when registering with OnChain Vision Service, it is important to choose a password of sufficient length and complexity, to not reveal this password to any third-parties, and to immediately notify us if you become aware of any unauthorized access to or use of your account. Furthermore, we cannot ensure or warrant the security or confidentiality of information you transmit to us or receive from us by Internet or wireless connection, including email, phone, or SMS, since we have no way of protecting that information once it leaves and until it reaches us. If you have reason to believe that your account is no longer secure, please contact us using the contact information provided under “How to contact us” in section 13 below.

8. CHILDREN: The OnChain Vision Service is not intended for use by anyone under 18 years of age. If you are under 18 years of age, please do not provide any personal information through the OnChain Vision Service. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us using the contact information provided under “How to contact us” in section 13 below. If we learn that we have collected personal information through the OnChain Vision Service from a child without the consent of the child's parent or guardian as required by law, we will comply with applicable legal requirements to delete the information. If there is any personal information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent our further processing or use of this personal information.

9. INTERNATIONAL TRANSFERS: To facilitate our global operations, we may transfer, store, and process your personal information within our affiliates, third-party partners, and service providers based throughout the world, including Ireland, Germany, Singapore, Japan, the UK, the US, the Philippines, and possibly other countries. We will protect your personal information in accordance with this privacy policy wherever it is processed and will take appropriate contractual or other steps to protect the relevant personal information in accordance with applicable laws. We contractually obligate recipients of your personal information to agree to at least the same level of privacy safeguards as required under applicable data protection laws, for example:

EU-US, UK-US, and Swiss-US Data Privacy Framework

Coinbase complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) (together referred to as the “Data Privacy Frameworks”) and the DPF Principles as set forth by the U.S. Department of Commerce. Coinbase has certified to the U.S. Department of Commerce that it adheres to:

In the context of an onward transfer, Coinbase has responsibility for the processing of personal data it receives under the DPF and subsequently transfers to a third party acting as a service provider, partner and/or other third party to help us provide the OnChain Vision Service on our behalf. Coinbase remains liable under the DPF if any such third party processes personal data in a manner inconsistent with the DPF, unless Coinbase can prove that we are not responsible for the event giving rise to the damage. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, visit https://www.dataprivacyframework.gov

In compliance with the Data Privacy Frameworks, Coinbase commits to resolve all DPF Principles-related complaints about our collection and use of your personal information. EU, UK, and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the relevant Data Privacy Frameworks should first contact Coinbase at: dpo@coinbase.com

For unresolved complaints concerning our handling of personal information in reliance on the Data Privacy Frameworks, Coinbase is a member of and relies upon the ICDR-AAA services for the Data Privacy Framework Program, see here https://go.adr.org/dpf_irm.html, which may involve, under certain conditions, binding arbitration.

The Federal Trade Commission has jurisdiction over Coinbase's compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF).

By communicating electronically with Coinbase, you acknowledge and agree to your personal information being processed in this way. If you have a complaint about our privacy practices and our collection, use or disclosure of personal information please submit your request via our Support Portal.

10. YOUR CHOICES:

Depending on applicable law where you reside, you may also be able to assert certain rights related to your personal information identified below. Your access to these rights may be limited or denied: (a) when denial of access is required or authorized by law; (b) when granting access would adversely affect the rights and freedoms of others; (c) to protect our rights and properties; (d) where the request is frivolous or vexatious, or for other reasons. For any of your privacy rights and choices referenced below, requests relating to your personal information can be made by logging into your account and going to your Privacy Rights Dashboard or by submitting a request via our Support Portal or at dpo@coinbase.com. If any of the rights listed below are not provided under law for your operating entity or jurisdiction, Coinbase has absolute discretion in providing you with these rights.

To protect your privacy and security, we may take steps to verify your identity before complying with your request and we may decline your request if we are unable to verify your identity.

12. CALIFORNIA PRIVACY RIGHTS: This section describes how we collect, use, and share Personal Information of California residents in our capacity as a “business” under the California Consumer Privacy Act (“CCPA”) and their rights with respect to that Personal Information. For purposes of this section, the term “Personal Information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA. California residents have the rights listed below under the CCPA. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law. Note, however, that these rights extend only to information that is maintained or controlled by Coinbase as part of your OnChain Vision Service account or through your direct interactions with us and will not apply to information that is maintained publicly or that is otherwise outside of Coinbase's control.

We do not sell your personal information in our ordinary course of business and will never sell your personal information to third parties without your explicit consent. Exercising your right to information, access and deletion. You may submit requests to exercise your right to information, access or deletion by logging into your account and submitting a request under account settings. Personal information that we collect, use and disclose. The chart below summarizes the Personal Information we collect by reference to the categories of Personal Information specified in the CCPA (Cal. Civ. Code §1798.140), and describes our practices currently and during the 12 months preceding the effective date of this privacy policy. The terms in the chart refer to the categories of information, sources, purposes and third parties described above in this Privacy Policy in more detail. Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described below. In addition to the disclosures described in the chart below, we disclose Personal Information as described in the How we share your personal information section above.

Information Category

Information Source

Purpose for collection

Third Parties Shared With

Identifiers (online): Contact data; profile data

You; third-party sources

OnChain Vision Service delivery; research & development; marketing; compliance & protection; personalization

Affiliates; service providers; third parties designated by you; linked third-party services; professional advisors; authorities and others; business transferees; other users and the public

Identifiers (other): Profile data; device data

You; third-party sources; automatic collection

OnChain Vision Service delivery; research & development; marketing; compliance & protection; personalization

Affiliates; service providers; third parties designated by you; linked third-party services; professional advisors; authorities and others; business transferees; other users and the public

California Customer Records (as defined in California Civil Code §1798.80): Contact data; transactional data; financial data; investment data; user-generated content; communications

You; third-party sources

OnChain Vision Service delivery; research & development; marketing; compliance & protection; personalization

Affiliates; service providers; third parties designated by you; linked third-party services; professional advisors; authorities and others; business transferees; other users and the public

Commercial Information: Transactional data; financial information; marketing data; online activity data

You; third-party sources; automatic collection

OnChain Vision Service delivery; research & development; marketing; compliance & protection; personalization

Affiliates; service providers; third parties designated by you; linked third-party services; professional advisors; authorities and others; business transferees; other users and the public

Financial Information: Transactional data; financial information

You; third-party sources

OnChain Vision Service delivery; research & development; marketing; compliance & protection

Affiliates; professional advisors; authorities and others; business transferees

Internet or Network Information: Marketing data; device data; online activity data

Automatic collection

OnChain Vision Service delivery; research & development; marketing; compliance & protection; personalization

Affiliates; service providers; third parties designated by you; linked third-party services; professional advisors; authorities and others; business transferees; other users and the public

Inferences: May be derived from: Contact data; profile data; transactional data; financial information; marketing data; user-generated content; device data; online activity data

N/A

OnChain Vision Service delivery; research & development; marketing; compliance & protection; personalization

Affiliates; professional advisors; authorities and others; business transferees

Protected Classification Characteristics: We do not intentionally collect this information but it may be revealed in identity data or other information we collect

N/A

N/A

N/A

Sensory Information: User-generated content (images, video or audio)

You

OnChain Vision Service delivery; research & development; marketing; compliance & protection; personalization

Affiliates; service providers; third parties designated by you; linked third-party services; authorities and others; business transferees; other users and the public

13. HOW TO CONTACT US: If you have questions or concerns regarding this privacy policy, please contact us on our Support page, at dpo@coinbase.com,or by writing to us at the address of our operating entity (248 3rd Street, #434 Oakland, CA, 94607).

OnChain Vision Cookie Policy

“OnChain Vision Cookie Policy”

Last Updated and Effective as of: August 6, 2024

This OnChain Vision Cookie Policy explains how Coinbase, Inc. uses cookies and similar technologies when you visit our OnChain Vision website located at at onchainvision.art (the “OnChain Vision Service”). It explains what these technologies are and why we use them, as well as your rights to control our use of them. In some cases, we may use cookies and similar technologies to collect personal information, or information that becomes personal information if we combine it with other information. In such cases the OnChain Vision Privacy Policy will apply in addition to this cookie policy. If you have any questions about our use of cookies or other technologies, please submit your request via our Support Portal.

WHAT ARE COOKIES?

Browser cookies are text files with small pieces of data downloaded onto your computer or mobile device. Browser cookies and other similar technologies (collectively called “Cookies” in this Cookies Policy) enable websites and apps to store information or facilitate access to information stored on your device to enable certain features and distinguish you from other visitors. These technologies are used by most website and app providers to let users navigate between pages efficiently, ensure security of the webpage or application, understand how their websites are used, remember user preferences and generally improve the user experience. More information on cookies and their use can be found at www.aboutcookies.org or www.allaboutcookies.org.

Cookies set by the website operator are called "first party cookies" and cookies set by parties other than the website operator are called "third party cookies”. You should check the third-party's website for more information on how they use cookies.

WHY DO WE USE COOKIES?

When you access the OnChain Vision Service, we, or companies we work with, may place cookies and similar technologies (such as web beacons, software development kits (“SDKs”), pixels, APIs, mobile advertising identifiers, tags and local storage) on your computer or other device to help us to deliver and enable your user experience.

WHAT TYPES OF COOKIES DO WE USE?

Strictly Necessary Cookies: These cookies are necessary for the OnChain Vision Service to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in, or filling in forms. These also include cookies we may rely on for fraud prevention (such as to detect repeated failed login attempts or other possible indicators of abuse).

HOW LONG WILL COOKIES STAY ON MY BROWSING DEVICE?

The length of time a cookie will stay on your browsing device depends on whether it is a "persistent" or "session" cookie. Session cookies will only stay on your device until you close your browser. Persistent cookies stay on your browsing device until they expire or are deleted.

WILL THIS COOKIE POLICY BE UPDATED?

We may update this Cookie Policy from time to time to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. If we do, you will be notified when you first visit our website after the change. You can also revisit this page to keep yourself informed.