NFT Terms & Privacy Policy

Last Updated August 15, 2022

iShopMeta 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: 

• Is it illegal content in a jurisdiction in which we operate?  If yes, we will remove in that specific jurisdiction
• Is it unprotected content under the First Amendment to the United States Constitution? If yes, we will remove globally
• Will an app store require us to remove the content to adhere to their guidelines?  If yes, we will remove globally or locally as required by the app store

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

• Keep it legal. We expect you to comply with local laws and regulations. In the United States, we generally allow content that is protected under the First Amendment to the United States Constitution.   In the United States, content that we prohibit includes NFTs that:
  • Facilitate unlawful gambling
  • Facilitate sexually related services such as prostitution and escort services
  • Facilitate sale of narcotics, regulated goods and controlled substances
  • Contain child exploitation content, including images that depict minors in the nude or in suggestive poses
  • Fundraising and support for terrorist organizations
  • Threaten violence
• Make sure content belongs to you.  We comply with the Digital Millennium Copyright Act and will take down infringing content, including NFTs that use images without permission.  If you have a DMCA takedown request or another IP takedown request, contact us.
• Get consent before posting images of other people.  We will take down content that is not consensual and will comply with Right to Be Forgotten requests where valid. If you are depicted in an NFT without your consent, you can contact us for removal requests.
• No fraudulent, deceptive or scammy activity.  Don’t engage in misleading activity including fake collections, NFTs that are intended to create confusion with a popular NFT or NFTs which include deceptive links to external domains. If you post scams, malware, phishing or other similar content that violates local law or consumer protection guidelines, we will take it down and ban you.  We will also report fraud on our platform to local authorities.
• No financial activity that may be subject to registration.  We don’t allow NFTs that may be subject to financial regulation on our platform.  This includes creating or selling NFTs that give owners rights to any securities offerings or other regulated financial instruments. We also don’t allow market manipulation on our platform such as selling an NFT to yourself to create a misleading price (wash trading) and will ban users for this practice.
• We allow legal adult and sensitive content where permitted by law.  Our platform is 18+, but not everyone wants to see sensitive or graphic content.  It’s on you to label your content as NSFW so that it gets appropriately filtered and a window shade is added. 

The Terms of Service sets out additional policies, information and requirements for iShopMeta NFT.  Contact Us for more information about our legal removals request process.

NFT Privacy Policy

This Privacy Policy describes how iShopMeta, LLC (“iShopMeta,” “we”, “us” or “our”) handles personal information that we collect through the IShopMeta NFT websites (nft.iShopMeta.com, iShopMeta.com/nft) 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 “iShopMeta NFT 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 iShopMeta NFT 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 iShopMeta NFT 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 iShopMeta NFT Service.

2. THE PERSONAL INFORMATION WE COLLECT

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

• Contact information, such as your first and last name, and email address.

• Personal Identification Information: Full name, date of birth, nationality, gender, signature, phone number, home address.
• Formal Identification Information: Government issued identity document and photograph such as Passport, Driver’s License, National or State Identity Card.
• Biometric Information: information generated to create a print or template of an individual’s face or voice, including from a photograph.
• Profile information, such as your username that you may set to establish an online account on the iShopMeta NFT Service, biographical details, links to your profiles on social networks, interests, preferences, and any other information that you add to your account profile. 
• Communications that we exchange with you, including when you contact us through the iShopMeta NFT Service, social media, or otherwise.
• Transactional information, such as information relating to or needed to complete non-fungible token (NFT) purchases or sales on or through the iShopMeta NFT Service which includes transactional details, fees, and sales prices.
• Marketing information, such as your preferences for receiving our marketing communications and details about your engagement with them.
• User-generated content, such as profile pictures, photos, images, music, videos, comments, questions, messages, works of authorship, and other content or information that you generate, transmit, or otherwise make available on the iShopMeta NFT Service, as well as associated metadata. Metadata includes information on how, when, where and by whom a piece of content was collected, how that content has been formatted or edited, and information that you can add or can have added to your content, such as keywords, geographical or location information, and other similar data.
• Financial information, such as your linked virtual currency or wallet accounts, stored value accounts, and associated details.

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

• Public sources, such as government agencies, public records, social media platforms, public blockchain(s), and other publicly available sources.
• Marketing partners, such as joint marketing partners and event co-sponsors.
• Third-party services, such as social media services, that you use to log into, or otherwise link to, your iShopMeta NFT account. This information may include your username, profile picture and other information associated with your account on that third-party service that is made available to us based on your account settings on that service. Please note that your use of third-party services is governed by the terms and privacy policies of those services, not ours.

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 iShopMeta NFT Service, and interaction with other online services. This information helps us address customer support issues, improve the performance of the iShopMeta NFT 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:

• Device information: such as your IP address (which can indicate your general geographic location), device type, operating system and version, manufacturer and model, browser name and version, screen resolution, device event information, hardware settings, memory usage), device identifiers, language settings.
• Online Identifiers, activity, and usage information: engagement with content on the iShopMeta NFT Service or with communications from us, authentication data, click-stream data, public social networking posts, pages and links accessed on the iShopMeta NFT Service or used to access the iShopMeta NFT Service from a third party site. For information about data collected via cookies and similar technologies, please read our Cookie Policy.

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 iShopMeta NFT Service, including to

• provide, operate and improve the iShopMeta NFT Service and our business;
• establish and maintain your user profile on the iShopMeta NFT Service;
• personalize your experience with the iShopMeta NFT Service; and
• communicate with you about the iShopMeta NFT Service, including by sending notices, updates, alerts, support and administrative messages, and responding to your communications to us.

2) To conduct research and development, such as

• to analyze and improve the iShopMeta NFT Service and our business.

3) For marketing, including

• direct marketing communications. You may opt-out of our marketing communications at any time as described in the “Opt-out of marketing communications” section below.

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

• comply with applicable laws or regulations (such as 18 U.S. Code § 2258A), lawful requests, and legal process, such as responding to subpoenas, search warrants, court orders, or requests from government authorities;
• protect our, your or others’ rights, safety or property (including by making and defending legal claims), and prevent fraud, harm, or abuse on or off the iShopMeta NFT Service;
• audit our internal processes for compliance with legal and contractual requirements or our internal policies;
• enforce the terms and conditions that govern the iShopMeta NFT Service;
• prevent, identify, investigate and deter activity that is fraudulent, harmful, or violates the law or our policies, including cyberattacks and identity theft; and 
• verify your identity in order to assist with your account services requests.  This may include our (and our service providers’) collection, storage and verification of your photo identification or biometric identifiers.

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

• We may create anonymous, aggregated or de-identified data from information about you and other individuals whose personal information we collect, by removing information that makes the data relatable to an identified or identifiable person.
• We may use and share this anonymous, aggregated or de-identified data for any lawful business purpose, including to better understand customer needs and behaviors, analyze and improve the iShopMeta NFT Service, promote our business, conduct business intelligence and marketing, perform analytics or enable analytics provided by third parties, and detect security threats.

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 the "How to contact us" section below.

Section & Purpose of Processing	Legal Basis for Processing
(1) iShopMeta NFT Service delivery;	Based on our contract with you or to take steps at your request prior to entering into a contract with you.
(1) To personalize your experience; (2) Research and development; (5) To create anonymous, aggregated or de-identified data	Based on our legitimate interests.
(4) Compliance and protection	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.
(3) Marketing (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 iShopMeta NFT is publicly visible. This means that others on or off of the iShopMeta NFT Service may view information you make available through the iShopMeta NFT 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 iShopMeta NFT 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 iShopMeta NFT profile - such as your email address and your NFT holdings. Your private messages with others on the iShopMeta NFT Service are not publicly visible to others using the NFT 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 iShopMeta NFT 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:

• Network infrastructure
• Cloud storage
• Payment processing
• Transaction monitoring
• Security
• Identity verification vendors
• Customer support
• Internet (e.g. ISPs)
• Data analytics
• Information Technology
• Marketing

Linked third-party services. If you choose to log into iShopMeta NFT with, or otherwise link your iShopMeta NFT 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. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.

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, iShopMeta NFT or our affiliates (including, in connection with a bankruptcy or similar proceedings).

6. OTHER SITES AND SERVICES

iShopMeta NFT 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 iShopMeta 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 iShopMeta NFT 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. While retention requirements vary by jurisdiction, examples of our typical retention periods for different aspects of your personal information are described below.

• Personal information, such as basic identification information may be retained after account closure to comply with applicable legal obligations.
• Biometric Information may be retained for up to three years from the date of collection (up to one year for Texas residents)  after account closure, unless otherwise required by applicable law
• Contact Information such as your name, email address and telephone number for marketing purposes is retained on an ongoing basis until you unsubscribe. Thereafter we will add your details to our suppression list to ensure we do not inadvertently market to you.
• Content that you post on our website such as support desk comments, photographs, videos, blog posts, and other content may be kept after you close your account for audit, abuse prevention and crime prevention purposes (e.g. for seven years to prevent a known fraudulent actor from opening a new account).
• Information collected via technical means such as cookies and other similar tools is kept for a period of up to one year from expiry of the cookie.

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. When registering with iShopMeta NFT, 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 in the “How to contact us” section below.

8. CHILDREN

The iShopMeta NFT 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 iShopMeta NFT 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 in the “How to contact us” section below. If we learn that we have collected personal information through the iShopMeta NFT 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. CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on iShopMeta NFT or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of iShopMeta NFT after the effective date of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.

10. 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.

We rely primarily on Standard Contractual Clauses (as approved by relevant national data protection regulators) to facilitate the international and onward transfer of personal information from one country to another, to the extent the recipient country is considered to not provide an adequate level of data protection. This includes transfers of non-US customer data to our US-based operating entity, iShopMeta. We may also rely on judicial adequacy decisions confirming an adequate level of data protection in the jurisdiction of the party receiving the information, or derogations in specific situations.

By communicating electronically with iShopMeta, 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.

11. YOUR CHOICES

Access or update your information. If you have registered for an account with us through the iShopMeta NFT Service, you may review and update certain account information by logging into the account.

Opt-out of marketing communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.
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.

Access and data portability: You may request that we provide you a copy of personal information held by us. This information will be provided without undue delay subject to a potential fee associated with gathering of the information (as permitted by law). In certain circumstances, you may request to receive your personal information in a structured, commonly used and machine-readable format, and to have us transmit your personal information to another data controller.

Correction of incomplete or inaccurate personal information: You may request that we correct any of your personal information held by iShopMeta that is incomplete or inaccurate, by logging in to your account and clicking the Profile or My Account tab.

Erasure: You may request to erase your personal information, subject to applicable law.

Withdraw consent: To the extent the processing of your personal information is based on your consent, you may withdraw your consent at any time. This withdrawal will not affect the lawfulness of iShopMeta’ processing based on consent before your withdrawal.

Restriction of processing: In some jurisdictions, applicable law may give you the right to restrict or object to us processing or transferring your personal information under certain circumstances. We may continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.

Automated individual decision-making, including profiling: iShopMeta relies on automated tools to, for example, help determine whether a transaction or a customer account presents a fraud or legal risk. In some jurisdictions, you have the right not to be subject to a decision based solely on automated processing of your personal information, including profiling, which produces legal effects concerning you, or similarly significantly affects you, save for the exceptions applicable under relevant data protection laws.

• Marketing communications: You can opt-out of receiving marketing communications from iShopMeta. Direct marketing includes any communications to advertise or promote our products and services. We will only contact you by electronic means based on our legitimate interests, as permitted by applicable law, or your consent. If you do not want us to send you marketing communications, please go to your account settings to opt-out or submit a request via our Support Portal.
  • To the extent we can rely on legitimate interest under the applicable law, we will only send you information about iShopMeta NFT that are similar to those which were the subject of a previous sale or negotiations of a sale to you. We will contact you by electronic means for marketing purposes only if you have consented to such communication. You may raise such objections with regard to initial or further processing for purposes of direct marketing, at any time and free of charge.

Declining to provide information. We need to collect personal information such as your name, and a crypto wallet to provide certain services. If you do not provide the information we designate as required or mandatory, we may not be able to provide those services.

Linked third-party platforms. If you choose to connect to iShopMeta NFT through your social media account or other third-party platform, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party.

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. 

Your California privacy rights. 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 iShopMeta as part of your NFT account or through your direct interactions with us and will not apply to information that is maintained publicly or that is otherwise outside of iShopMeta’ control.

• Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
  • The categories of Personal Information that we have collected.
  • The categories of sources from which we collected Personal Information.
  • The business or commercial purpose for collecting and/or selling Personal Information.
  • The categories of third parties with which we share Personal Information.
  • The categories of Personal Information that we sold or disclosed for a business purpose.
  • The categories of third parties to whom the Personal Information was sold or disclosed for a business purpose.
• Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
• Deletion. You can ask us to delete the Personal Information that we have collected from you.
• Nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by the CCPA. 

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	iShopMeta NFT 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	iShopMeta NFT 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	iShopMeta NFT 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	iShopMeta NFT 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	iShopMeta NFT 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	iShopMeta NFT 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	iShopMeta NFT 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	iShopMeta NFT 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, or by writing to us at the address of our operating entity (303 N. Glenoaks Blvd. Ste 200, Burbank, CA 91502).

NFT Cookie Policy

This Cookie Policy explains how iShopMeta, LLC uses cookies and similar technologies when you visit our website located at iShopmeta.com (the “IShopMeta NFT 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 NFT 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?

Cookies are small files, typically of letters and numbers, downloaded onto your computer or mobile device when you visit certain websites. When you return to these websites, or visit other websites that use the same cookies, the websites recognize these cookies and your browsing device. A cookie cannot read data off your hard drive or read cookie files created by other websites.

In addition to cookies, we may use other similar technologies, like Local Storage objects (LSOs) which are used to store data in your browser to support an uninterrupted user experience. Please note that LSOs do not allow us to track the online movements of web users.

Cookies set by the website operator are called "first party cookies". Cookies set by parties other than the website operator are called "third party cookies". The parties that set third party cookies can recognize your web browser both when it visits the iShopMeta NFT website and when it visits certain other websites where the third party’s cookies are also present. More information on cookies and their use can be found at www.aboutcookies.org or www.allaboutcookies.org.

WHY DO WE USE COOKIES?

When you access the iShopMeta NFT Service, we may place cookies on your computer or other device. These technologies 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 iShopMeta NFT 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 TO MANAGE COOKIES

We use necessary cookies to provide the services we offer to you. You may disable these by changing your browser settings.

To do this, follow the instructions provided by your browser (usually located within the "Help", "Tools" or "Edit" settings), or review the instructions provided by the browsers listed here: Internet Explorer, Google Chrome, Mozilla Firefox, Safari Desktop, Safari Mobile, and Android browser. Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the iShopMeta NFT Service. Also, if you disable cookies other parts of the iShopMeta NFT Service may not work properly. You can find more information about how to change your browser cookie settings at http://www.allaboutcookies.org.

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.

Report Content for Legal Reasons

If you see content on iShopMeta NFT that you believe violates your legal rights, whether an NFT or a comment, let us know. You can use one of the forms linked below to create a removal request. We’ll review the content and consider removing it.

For our approach to content moderation and a list of content that is prohibited on iShopMeta NFT, review our iShopMeta NFT Content Policy.

If you have concerns that an NFT violates local law, please flag it! And Contact Us.

Intellectual Property

iShopMeta respects the valid intellectual property (IP) rights of others and we expect users of iShopMeta NFT to do the same. Posting content that constitutes an infringement of legal rights violates our Terms of Service and may be removed at our discretion. iShopMeta 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 by Contacting Us. If we remove any content in response to your request, we will use reasonable efforts to 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 under our repeat infringer policy. The actions we take under this policy 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 iShopMeta NFT.

You also can send a properly completed notification of claimed IP infringement (email preferred) to our designated copyright agent at:

iShopMeta, LLC
303 N. Glenoaks Blvd. Ste 200
Burbank, CA 91502
Attn: Copyright Agent
Email: [email protected]

Written submissions to our copyright agent may take longer to process and 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 iShopMeta NFT 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, iShopMeta incurs related to any misrepresentation that iShopMeta 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: (1) are the lawful rights owner or are legally authorized to act on behalf of the lawful rights owner, and (2) have a good faith belief that the content is infringing.

For more information, see the Report Claimed IP infringement FAQs below.

Privacy requests or other non-consensual content

If you find content on iShopMeta NFT 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 Contact us form to create a removal request.

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 submit a request by Contacting us. 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 iShopMeta NFT account will be notified directly by email.  NFT owners that have not provided an email will be notified directly on iShopMeta NFT (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 [email protected]. 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 iShopMeta NFT 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 Southern District of California where iShopMeta, LLC 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 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, we’ll remove the complaint from your iShopMeta NFT 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?

iShopMeta NFT’s Repeat Infringer policy is to disable a user account in circumstances where the user has numerous IP infringement complaints on their NFT account record and has been deemed a repeat infringer.

 

NFT Arbitration Agreement

1. Applicability of Arbitration Agreement

Subject to the terms of this Arbitration Agreement, you and iShopMeta, LLC (“iShopMeta”, “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 iShopMeta NFT (the “Service” or “Services”) or of the iShopMeta or iShopMeta NFT sites, any Communications you receive, any products sold or distributed through the iShopMeta or iShopMeta NFT sites, the Services, or the iShopMeta NFT Terms of Service (the “NFT ToS”) and prior versions of the NFT ToS, including claims and disputes that arose between us before the effective date of the NFT ToS (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and iShopMeta may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or iShopMeta may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). 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 NFT ToS as well as claims that may arise after the termination of the NFT ToS. 

2. Waiver of Jury Trial.

YOU AND ISHOPMETA 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 iShopMeta 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 ISHOPMETA AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 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 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 subsection 8 entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this 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 subsection, “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 iShopMeta 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 subsection does not prevent you or iShopMeta from participating in a class-wide settlement of claims.

4. Rules and Forum

The NFT ToS 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 iShopMeta a copy of your Request by email at [email protected] or through iShopMeta’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 iShopMeta NFT account(s); (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 Formal Complaint Process as described in the NFT ToS or your basis for not completing the Formal 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: (1) 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; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) 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 iShopMeta otherwise agree, or the Batch Arbitration process discussed in subsection 8 is triggered, the arbitration will be conducted in the county where you reside. 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 iShopMeta 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 iShopMeta 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 subsection 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 “Limitation of Liability” section of the NFT ToS.

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 iShopMeta 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 iShopMeta agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against iShopMeta 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 iShopMeta.

You and iShopMeta 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 iShopMeta NFT Site. Your continued use of the iShopMeta NFT Site and/or Services, including the acceptance of products and services offered on the iShopMeta NFT Site 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 Agreement shall not be affected.