Legal Policies

API Terms of Service

Last Updated: March 2025

SECTION 1. INTRODUCTION

Thank you for choosing to use Magic Eden’s application programming interfaces, other developer services, and associated software (collectively, “Magic Eden APIs”). By accessing or using the Magic Eden APIs, you agree to the terms and conditions set out below, so please read the terms carefully. Collectively, we refer to the terms below, any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines as the “Terms”. If you use the Magic Eden APIs as an interface to, or in conjunction with other Magic Eden products or services, then the terms for those other products or services also apply. IN THE EVENT OF ANY CONFLICT BETWEEN THESE TERMS AND ADDITIONAL TERMS APPLICABLE TO A GIVEN MAGIC EDEN API, THE ADDITIONAL TERMS WILL CONTROL FOR THAT CONFLICT.

Under the Terms, “Magic Eden” refers to Longbridge Research, unless stated otherwise in additional terms applicable for a specific API. Throughout the Terms we may refer to “Magic Eden” as “we, “us”, or “our”.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND MAGIC EDEN THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 10.2 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 10.2 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 10.1 (GOVERNING LAW) WILL APPLY INSTEAD.

SECTION 2. MAGIC EDEN APIS LICENSE AND GUIDELINES

2.1 Magic Eden APIs License. Subject to compliance with the Terms, Magic Eden (or its affiliates or subsidiaries) grants you a limited, non- exclusive, non-assignable, non-transferable, revocable license to access and use the Magic Eden APIs to develop, test, and support your application, website or platform (the “Application”), and allow end users of your Application (“Customers”) to use your integration of the Magic Eden APIs within your Application. MAGIC EDEN RESERVES THE RIGHT TO REVOKE THIS LIMITED LICENSE AT ANY TIME AND FOR ANY REASON WITHOUT NOTICE. YOU ARE PERMITTED TO USE THE MAGIC EDEN APIS ONLY AS EXPRESSLY DEFINED IN THE TERMS. ANY VIOLATION OF THESE TERMS MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR USE OF THE MAGIC EDEN APIS.

2.2 Limitations on Usage of the Magic Eden APIs. You agree not to do any of the following:

Use the Magic Eden APIs in a way that could impair, harm or damage Magic Eden, the Magic Eden APIs, or the website accessible at magiceden.io and any other website, software, product or platform offered by Magic Eden (the “Magic Eden Offerings”), or anyone’s use of a Magic Eden Offering or the Magic Eden APIs;
Use the Magic Eden APIs to disrupt, interfere with, or attempt to gain unauthorized access to services, servers, devices, or networks connected to or which can be accessed via the Magic Eden APIs;
Use the Magic Eden APIs, or any information accessed or obtained using the Magic Eden APIs, for the purpose of migrating users away from a Magic Eden Offering, except in connection with use of the Magic Eden APIs by your Application or unless expressly permitted or agreed by Magic Eden;
Scrape, build databases or otherwise create copies of any data accessed or obtained using the Magic Eden APIs, except as necessary to enable an intended usage scenario for your Application;
Request from the Magic Eden APIs more than the minimum amount of data, or more than the minimum permissions to the types of data, that your Application needs for Customers to use the intended functionality of your Application;
Use an unreasonable amount of bandwidth, or adversely impact the stability of the Magic Eden APIs or the behavior of other apps using the Magic Eden APIs;
Attempt to circumvent the limitations Magic Eden sets on your use of the Magic Eden APIs;
Use Magic Eden APIs in any manner that works around any technical limitations of the Magic Eden APIs or of the accessed Magic Eden Offering, or reverse engineer, decompile or disassemble the Magic Eden APIs, except and only to the extent that applicable law expressly permits, despite this limitation;
Use the Magic Eden APIs, or any data obtained using the Magic Eden APIs, to conduct performance testing of a Magic Eden Offering unless expressly permitted or agreed by Magic Eden;
Use the Magic Eden APIs, or any data obtained using the Magic Eden APIs, to identify, exploit or publicly disclose any potential security vulnerabilities;
Request, use or make available any data obtained using the Magic Eden APIs outside any permissions expressly granted by Customers in connection with using your Application;
Use or transfer any data accessed or obtained using the Magic Eden APIs, including any data aggregated, anonymized or derived from that data (collectively the “Magic Eden APIs Data”) for advertising or marketing purposes including (i) targeting ads, or (ii) serving ads;
Make your Application available for use in a manner that circumvents the need for users to obtain a valid license to a Magic Eden Offering that is accessed through the Magic Eden APIs;
Redistribute or resell, or sublicense access to, the Magic Eden APIs, any data obtained using the Magic Eden APIs, or any other Magic Eden Offering accessed through the Magic Eden APIs;
Misrepresent expressly, by omission, or implication, the need for users to obtain a valid license to the Magic Eden application or service that is accessed through the Magic Eden APIs;
Falsify or alter any unique referral identifier in, or assigned to an Application, or otherwise obscure or alter the source of queries coming from an Application to hide a violation of this agreement;
Use the Magic Eden APIs or allow any user to use the Application in a way that violates applicable law, including:
1. Illegal activities, such as child pornography, gambling, piracy, violating copyright, trademark or other intellectual property laws;
2. Intending to exploit minors in any way;
3. Accessing or authorizing anyone to access the Magic Eden APIs from an embargoed country as prohibited by the U.S. government;
4. Threatening, stalking, defaming, defrauding, degrading, victimizing or intimidating anyone for any reason; or
5. Violating applicable privacy laws and regulations; or
Use the Magic Eden APIs in a way that could create, in Magic Eden’s sole discretion and judgment, an unreasonable risk to customers and end users from a security or privacy perspective.

2.3 Ownership of Magic Eden APIs. Magic Eden exclusively owns all rights, title and interest in and to the Magic Eden APIs. Nothing in these Terms or the performance thereof will operate to grant you any right, title or interest, whether by implication, estoppel or otherwise, in or to the Magic Eden APIs. You hereby assign, and agree to assign, any rights that you may acquire that are inconsistent with the ownership allocation in this Section to Magic Eden and take any reasonable further acts to effect and perfect such assignment.

2.4 Preview APIs. Any version of the Magic Eden APIs designated as “preview”, “pre-release”, “beta” or other similar terminology (“Preview API”), may not work in the same way as a final version. We may change or not release a final or commercial version of a Preview API in our sole discretion.

2.5 Changes. WE MAY CHANGE OR DISCONTINUE THE AVAILABILITY OF SOME OR ALL OF THE MAGIC EDEN APIs AT ANY TIME FOR ANY REASON WITH OR WITHOUT NOTICE. YOUR CONTINUED USE OF THE MAGIC EDEN APIs FOLLOWING THE RELEASE OF A SUBSEQUENT VERSION OF THESE TERMS WILL BE DEEMED YOUR ACCEPTANCE OF ANY MODIFICATIONS TO THESE TERMS. Such changes may include, without limitation, removing or limiting access to specific Magic Eden API(s), requiring fees or setting and enforcing limits on your use of additions to the Magic Eden APIs. We may also impose limits on certain features and services or restrict your access to some or all of the Magic Eden APIs. We may release subsequent versions of the Magic Eden APIs and require that you use those subsequent versions, at your sole cost and expense.

SECTION 3. ACCEPTANCE AND USE OF MAGIC EDEN APIS

3.1 Accepting the Terms. You may not use the Magic Eden APIs and may not accept the Terms if: (i) you are not of legal age to form a binding contract with Magic Eden; or (ii) you are a person barred from using or receiving the Magic Eden APIs under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the Magic Eden APIs. If you are using the Magic Eden APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity).

3.2 Registration. In order to access certain Magic Eden APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the Magic Eden APIs, or as part of your continued use of the Magic Eden APIs. Any registration information you give to Magic Eden will always be accurate and up to date and you shall immediately inform Magic Eden promptly of any updates.

3.3 Customer Compliance. You will require your Customers to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.

3.4 Compliance with Law, Third Party Rights, and Other Magic Eden Terms of Service. You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the Magic Eden APIs to encourage or promote illegal activity or violation of third party rights.

3.5 Permitted Access. You will only access (or attempt to access) a Magic Eden API by the means described in the documentation of the relevant Magic Eden API. If Magic Eden assigns you developer credentials (e.g. client IDs), you must use them with the applicable Magic Eden APIs. You will not misrepresent or mask either your identity when using the Magic Eden APIs or developer accounts.

3.6 API Limitations. Magic Eden sets and enforces limits on your use of the Magic Eden APIs (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each Magic Eden API. If you would like to use any Magic Eden API beyond these limits, you must obtain Magic Eden’s express consent (and Magic Eden may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use).

3.7 Open Source Software. Some of the software required by or included in the Magic Eden APIs may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain Magic Eden APIs, open source software is listed in the documentation. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with Magic Eden for the applicable open source software.

3.8 Communication with Magic Eden. We may send you certain communications in connection with your use of the Magic Eden APIs. Please review the applicable Magic Eden API documentation for information about opting out of certain types of communication.

3.9 Feedback. If you give feedback about the Magic Eden APIs to Magic Eden, you hereby grant to Magic Eden a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback you give to Magic Eden. You will not give feedback that is subject to a license that requires Magic Eden to license its software or documentation to third parties because Magic Eden includes your feedback in them.

3.10 Non-Exclusivity. The Terms are non-exclusive. You acknowledge that Magic Eden may develop products or services that may compete with the Magic Eden API or any other products or services.

SECTION 4. SECURITY OF THE APPLICATION

4.1 Application Security. You warrant that your Application has been developed to operate with Magic Eden API content in a secure manner. Your network, operating system and the software of your servers, databases, and computer systems (collectively, “Systems”) must be properly configured to securely operate your Application and store content collected through your Application (including the Magic Eden API content). Your Application must use reasonable security measures to protect the private data of your users. You must have a process to respond to any vulnerabilities in your Application, and in the case of any vulnerabilities related to your Application’s connection to the Magic Eden APIs discovered by you or reported to you by a third party, you agree that you will provide vulnerability details to Magic Eden.

4.2 Detection Technology. We may use technology to detect, prevent or limit the impact of any issues caused by your Application (before, after, or instead of suspension of your access). This may include, for example, (i) filtering to stop spam, (ii) performing security or privacy monitoring regarding scraping, denial of service attacks, user impersonation, application impersonation, or illicit consent grant(s), or (iii) limiting or terminating your access to the Magic Eden APIs.

4.3 Access. You will permit Magic Eden reasonable access to your Application for purposes of monitoring compliance with these Terms. You will respond to any questions by Magic Eden about your compliance with these Terms. Magic Eden may restrict or terminate access to the Magic Eden APIs or perform an audit (including by hiring an independent auditor acting on our behalf) of your Application if you fail to provide adequate information and materials (including up to two full-featured instances of your Application) to verify your compliance with these Terms.

SECTION 5. CONTENT

5.1 Accessible Content. Magic Eden APIs may contain some third party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. We may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content. Finally, content accessible through the Magic Eden APIs may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the Magic Eden API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.

5.2 Submission of Content. Some of the Magic Eden APIs allow the submission of content. Magic Eden does not acquire any ownership of any intellectual property rights in the content that you submit to the Magic Eden APIs, except as expressly provided in the Terms. For the sole purpose of enabling Magic Eden to provide, secure, and improve the Magic Eden APIs (and the related service(s)) and only in accordance with the applicable Magic Eden privacy policies, you give Magic Eden a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non- exclusive license to Use content submitted, posted, or displayed to or from the Magic Eden APIs. “Use” means use, host, store, modify, communicate, and publish. Before you submit content to the Magic Eden APIs, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license.

5.3. Content Prohibitions. Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your Customers or others acting on your behalf to, do the following with content returned from the Magic Eden APIs:

Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
Misrepresent the source or ownership; or
Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.

SECTION 6. MAGIC EDEN BRANDING AND ATTRIBUTION.

6.1 Attribution. You agree to display any attribution(s) required by Magic Eden as described in the documentation for the Magic Eden API.

6.2 Publicity. You will not make any statement regarding your use of the Magic Eden APIs which suggests partnership with, sponsorship by, or endorsement by Magic Eden without Magic Eden’s prior written approval.

6.3 Promotional and Marketing Use. In the course of promoting, marketing, or demonstrating the Magic Eden APIs you are using and the Magic Eden Offerings, Magic Eden may produce and distribute incidental depictions, including screenshots, video, or other content from your Application, and may use your company or product name. You grant us all necessary rights for the above purposes.

SECTION 7. CONFIDENTIALITY AND PRIVACY.

7.1 Confidentiality. You may be given access to certain non-public information, software, and specifications relating to the Magic Eden APIs (“Confidential Information”), which is confidential and proprietary to Magic Eden. You may use Confidential Information only as necessary in exercising your rights granted under these Terms. You may not disclose any Confidential Information to any third party without Magic Eden’s prior written consent. You agree that you will protect any Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information.

7.2 Privacy.

You must comply with all laws and regulations applicable to your use of the data accessed through the Magic Eden APIs, including the Magic Eden Privacy Policy accessible at https://magiceden.io/legal-policies/privacy. Your use of the Magic Eden APIs is conditioned upon implementing and maintaining appropriate protections and measures for your service and Application, and that includes your responsibility to the data obtained through the use of the Magic Eden APIs.
In the event of a data breach by you resulting from any aspect of the Magic Eden APIs involving your Application or any data collected through your Application, you will promptly contact Magic Eden and provide details of the data breach. You agree to refrain from making public statements (e.g., press, blogs, social media, bulletin boards, etc.) without prior written and express permission from Magic Eden in each instance as it relates to the Magic Eden APIs.

SECTION 8. WARRANTIES, LIABILITY AND INDEMNITY.

8.1 Disclaimer of Warranties.

THE MAGIC EDEN APIS, AND ANY CONTENT CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. MAGIC EDEN (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE MAGIC EDEN APIS: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (III) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. MAGIC EDEN DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AS TO THE MAGIC EDEN APIS, ANY CONTENT CONTAINED THEREIN AND ANY NFTS LISTED THEREIN.

WE FURTHER EXPRESSLY DISCLAIM ALL LIABILITY OR RESPONSIBILITY IN CONNECTION WITH THIRD PARTY SERVICES. NOTHING HEREIN NOR ANY USE OF THE MAGIC EDEN APIS IN CONNECTION WITH THIRD PARTY SERVICES CONSTITUTES OUR ENDORSEMENT, RECOMMENDATION OR ANY OTHER AFFILIATION OF OR WITH ANY THIRD PARTY SERVICES.

MAGIC EDEN DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT ON THE MAGIC EDEN APIS IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED IN THE MAGIC EDEN APIS. WHILE MAGIC EDEN ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE MAGIC EDEN APIS AND ANY CONTENT THEREIN SAFE, MAGIC EDEN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE MAGIC EDEN APIS, AND ANY CONTENT THEREIN, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

8.2 Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MAGIC EDEN NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE MAGIC EDEN APIS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE MAGIC EDEN APIS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAGIC EDEN OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE TOTAL LIABILITY OF MAGIC EDEN AND ITS AGENTS, REPRESENTATIVES, AND AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE MAGIC EDEN APIS EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO MAGIC EDEN FOR USE OF THE MAGIC EDEN APIS OR ONE HUNDRED U.S. DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MAGIC EDEN, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MAGIC EDEN AND YOU.

8.3 Indemnification. You will indemnify, defend (at Magic Eden’s option) and hold Magic Eden and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Magic Eden APIs, or (b) your violation of these Terms. You may not settle or otherwise compromise any claim subject to this Section without Magic Eden’s prior written approval.

SECTION 9. TERMINATION.

We may suspend or immediately terminate these Terms, any rights granted herein, and/or your license to the Magic Eden APIs, in our sole discretion at any time, for any reason. You may terminate these Terms at any time by ceasing your access to the Magic Eden APIs.
Upon termination, all licenses granted herein immediately expire and you must cease use of the Magic Eden APIs. You must also comply with Customer’s instruction to return or delete any data accessed or obtained through the Magic Eden APIs, unless expressly permitted by Magic Eden or prohibited by law. Neither party will be liable to the other for any damages resulting solely from termination of these Terms.
When these Terms expire, any right or obligation of the parties that, by its nature, should survive expiration of the term or termination of these Terms, will survive any expiration or termination of these Terms in accordance with their respective terms.

SECTION 10. GENERAL.

10.1 Governing Law and Forum Choice. These Terms and any action related thereto will be governed by and construed in accordance with the laws of the Cayman Islands, without regard to or application of conflict of law rules or principles. Except as otherwise expressly set forth in Section 10.2 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Magic Eden are not required to arbitrate will be in the courts located in the Cayman Islands, and you and Magic Eden each waive any objection to jurisdiction and venue in such courts.

10.2 Dispute Resolution.

Informal Resolution of Disputes. You and Magic Eden must first attempt in good faith to resolve any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Magic Eden APIs (collectively, “Disputes”) informally. Accordingly, neither you nor Magic Eden may start a formal arbitration proceeding or file a claim in court for at least sixty (60) days after one party notifies the other party of a claim in writing (the “Informal Dispute Resolution Period”). As part of this informal resolution process, you must deliver your written notices via hand or courier service to us at Longbridge Research, Walkers Corporate Limited, 190 Elgin Avenue, George Town, KY1-9008, Cayman Islands (the “Notice of Claim”). The Notice of Claim shall include both the mailing address and email address you would like Magic Eden to use to contact you. If Magic Eden elects to send you a Notice of Claim, it will send, by registered mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by Magic Eden, must (a) describe in full the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought.
Small Claims; Mandatory Arbitration of Disputes. You and Magic Eden agree that any Dispute will be resolved solely by binding, individual arbitration or as provided below in the Summary Court of the Cayman Islands, and not in a class, representative or consolidated action or proceeding. YOU AND MAGIC EDEN ARE EACH WAIVING THE RIGHT PARTICIPATE IN A CLASS ACTION. If a Dispute qualifies for the Summary Court, but a party commences an arbitration proceeding, you and Magic Eden agree that either party may elect instead to have the Dispute resolved in the Summary Court, and upon written notice of a party’s election, the Cayman International Mediation and Arbitration Centre (“CIMAC”) will administratively close the arbitration proceeding. Any dispute about whether a Dispute qualifies for the Summary Court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the Summary Court that the Dispute should proceed in arbitration. This arbitration provision shall survive termination of these Terms.
Exceptions. Notwithstanding the above and below, each party retains the right to seek injunctive or other equitable relief from a court in any jurisdiction to prevent (or enjoin) the infringement or misappropriation of that party’s intellectual property rights.
Conducting Arbitration and Arbitration Rules. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by binding arbitration to be administered by CIMAC and governed by the Arbitration Act (as amended) of the Cayman Islands. The arbitration shall be conducted in the English language and the place of arbitration shall be in the Cayman Islands. The number of arbitrators shall be one. The place of arbitration will be George Town, Cayman Islands. The decision of the sole arbitrator to any such dispute, controversy, difference or claim shall be final and binding upon both parties. If any litigation or arbitration is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to have their attorney fees paid by the other party. Each party waives any right it may have to assert the doctrine of forum non conveniens, to assert that it is not subject to the jurisdiction of such arbitration or courts or to object to venue to the extent any proceeding is brought in accordance herewith.

10.3 Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Magic Eden and you regarding the Magic Eden APIs, and these Terms supersede and replace all prior oral or written understandings or agreements between Magic Eden and you regarding the Magic Eden APIs. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Magic Eden’ prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Magic Eden may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

10.4 Notices. Any notices or other communications provided by Magic Eden under these Terms will be given: (i) via email; or (ii) by posting to the site where you can access the Magic Eden APIs. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

10.5 Waiver of Rights. Magic Eden’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Magic Eden. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.