Terms of Service

Introduction

NFTO owns and runs this website. The NFTO, our APIs, mobile applications (“App”), and any live support, software, tools, features, or functionalities provided on or in connection with our services are subject to the following terms of service (“Terms”). This includes, without limitation, using our services to view, explore, help display, and create NFTs, and using our tools to connect directly with others to mint, buy, sell, or transfer NFTs on public blockchains. In these Terms, “NFT” refers to a non-fungible token or comparable digital object that is deployed on a blockchain (such as the Ethereum blockchain) that employs smart contracts to link to or otherwise be connected to certain content or data.

“User,” “you,” and “your” refer to you as a Service user for the purposes of these Terms. If you use the Service on behalf of a business or other entity, “you” refers to both you and that entity. You represent and warrant that (a) you have the authority to bind the entity to these Terms as the entity’s authorized representative, and (b) you have agreed to these Terms on the entity’s behalf.

AS OUTLINED BELOW, THESE TERMS OF SERVICE INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.

If you do not agree to these terms, you may not access or use the service. BY CLICKING TO ACCEPT, SIGNING, AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE.

NFTO is not a creditor, an exchange, a broker, a dealer, a financial institution, a payment processor, or a business that provides money services. Through its peer-to-peer web3 service, NFTO, users can easily find and communicate with NFTs that are accessible on public blockchains. We do not execute or effectuate purchases, transfers, or sales of NFTs, nor do we have custody over or control over the NFTs or blockchains you are engaging with. You need a third-party wallet that enables blockchain transactions in order to utilize our service.

No agreement between any users includes NFTO as a party. We make no claims, guarantees, or recommendations regarding the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on the Service. It is entirely your responsibility to confirm the identity, legitimacy, and authenticity of NFTs before purchasing them from third-party sellers using the Service.

We occasionally need to provide extra conditions for particular services due to our expanding list of offerings (and such services are regarded to be part of the “Service” hereunder and shall likewise be subject to these conditions). If you use the appropriate service, the additional terms and conditions that are accessible with it will then be a part of your contract with us. Any extra applicable terms we may provide for a particular service that conflict with these Terms shall govern that particular service in the event of a dispute.

These Terms are subject to modification at any moment and in NFTO’s sole discretion. If we make significant changes to these Terms, we’ll make a good faith attempt to notify you of those changes. For example, we might do so by posting a notice on the Service or amending the “Last Updated” date at the top of these Terms. By continuing to access or use the Service after these Terms have been modified, you agree to be bound by the new Terms and all terms that have been incorporated therein by reference. It is your sole obligation to periodically examine the Terms to see if there have been any changes and to make sure you are aware of the rules that will be followed when you access or use the Service.

Getting to the Service

Your blockchain address serves as your NFTO identification, similar to much of web3. As a result, in order to utilize the Service, you will need a blockchain address and a third-party wallet. Your blockchain address will be linked to your account on the service (“Account”), however if you want to spice up your NFTO identity, you can add other details to your Account, including a profile photo.

Your linked blockchain address will be connected to your NFTO account, which will display the NFTs for that blockchain address (and, if relevant, any material connected to such NFTs). You acknowledge that you are using your wallet in accordance with the terms and conditions of the relevant wallet provider while using it in conjunction with the Service. Wallets are not managed by, operated by, or associated with NFTO, and NFTO has no custody or control over, or authority to get access to, the contents of your wallet. In relation to your use of a wallet, NFTO disclaims all duty and responsibility to you, and it also makes no guarantees or statements about the compatibility of the Service with any particular wallet. You should never divulge your wallet’s credentials or seed phrase to anyone because you are solely responsible for keeping it secure. Please get in touch with your wallet’s provider if you see a problem. Your Account and any associated wallets are your own responsibility, and we are not responsible for any actions or inactions you take related to your Account or as a result of your Account’s or wallet’s compromise. You undertake to let us know right away if you spot or have any other suspicions about any security problems with the Service or your Account (you can get in touch with us here).

In conjunction with using the Service, you also represent and warrant that you will abide by all applicable laws (such as local, state, federal, and other laws). We may need to limit, suspend, or terminate your access to the Service in order to uphold our legal responsibilities, protect our users, and maintain the security of our platform. You agree that NFTO is not obligated to share with you the specifics of its decision to take such action.

Without limiting the aforementioned, by using the Service, you represent and warrant that: (a) you do not reside in, are not generally a resident of, or are not organized under the laws of any place that is subject to a comprehensive U.S. Government embargo (also known as “Embargoed Jurisdiction”); (b) you are not the target of any penalties imposed by a U.S. government agency. Government, any other government, or the United Nations (collectively, “Sanctions”); (c) you are not owned or controlled, directly or indirectly, by any person who is subject to sanctions, who is based in, normally resides in, or who is organized under the laws of any Embargoed Jurisdiction; (d) none of your officers, managers, directors, shareholders, or authorized representatives is subject to sanctions, who is based in, normally resides in, or who is organized under t You further promise that the aforementioned will be accurate for the duration of this contract. If you access or use the Service outside of the United States, it is your sole responsibility to ensure that your access and use of the Service comply with all applicable local, national, and international laws.

In certain situations, such as at the request of any governmental body, as required by any applicable law or regulation, to provide you with a requested service, or to look into a possible breach of these Terms, NFTO may ask you for additional information and documentation. In such circumstances, NFTO may, in its sole discretion, disable your Account and prevent you from using the Service until such time as NFTO has processed the relevant supplementary information and documentation. In the event that you do not respond to such a request with complete and correct information, NFTO may decline to reinstate your access to the Service.

Your use of the Service may occasionally be interrupted due to a variety of factors, such as equipment failure, routine upkeep, repair, or updating, geographical restrictions, possible violations of these Terms, or other steps that NFTO, in its sole discretion, may decide to take. You are aware that NFTO has the right to disable your Account and/or change your username or associated url at any time.

All users must be at least 18 years old to access our services. You may only use NFTO through a parent or guardian’s Account and with their agreement and supervision if you are at least 13 years old but under the age of 18. You are accountable to that account holder for your use of the Account. If you are younger than 13 years old, you are not permitted to use our Service.

Ownership

The NFTO logo and all designs, text, graphics, pictures, data, software, sound files, other files, and their arrangement are the sole property of NFTO or our affiliates. The Service, including its “look and feel” (such as text, graphics, images, logos, page headers, button icons, urls, and scripts), proprietary content, information, and other materials, is also owned by NFTO or our affiliates. All rights in relation to the Service and its content are reserved by us and our affiliates, licensors, and users, as appropriate. This includes, without limitation, the sole right to produce derivative works.

The names, designs, logos, and slogans of any NFTO products or services, as well as the NFTO brand, logo, trademarks, and our affiliates’ or licensors’ intellectual property, may not be duplicated, imitated, or used in any way without our prior written consent in each case. Without our prior written consent, you may not use any “hidden text” or metatags that contain “NFTO” or any other name, trademark, product, or service name of NFTO, our affiliates, or licensors. Additionally, NFTO’s “look and feel” of the Service is its service mark, trademark, or trade dress, and it cannot be mimicked, copied, or used in any way without our prior written consent.

The Service may contain references to other third-party trademarks, registered trademarks, and product names. These third-party trademarks, registered trademarks, and product names are the property of the respective owners, and they may not be copied, imitated, or used, in whole or in part, without the owner’s express permission. Any mention of goods, services, procedures, or other data, whether by title, trademark, manufacturer, supplier, or otherwise, does not indicate or represent support from NFTO.

We appreciate any comments, suggestions, and feedback regarding how to make the Service better (“Feedback”). You expressly agree and accept that you do not and will not get any rights, titles, or interests in the Service or in any such Feedback as a result of your donation of any feedback. You acknowledge and agree that NFTO may use and distribute your feedback in any way, for any purpose, without additional permission from you, without payment of any kind, and without retaining any proprietary or other rights or claims. You hereby transfer to NFTO all right, title, and interest in and to any and all Feedback that you may have, including but not limited to any patent, copyright, trade secret, trademark, know-how, moral rights, and other intellectual property rights.

NFTs and third-party smart contracts are not under NFTO’s ownership, custody, or control. The operation and functionality of these NFTs or smart contracts are completely the responsibility of their creators.

Permissions

A limited, nonexclusive, non transferable, non sublicensable, and personal license is now given to you for accessing and using the Service, provided that you comply with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are provided to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferable right and license to access and display those software, content, and materials (and the right to download one copy of the App onto your applicable device), in each case for the sole purpose of enabling you to use the Service as permitted by these Terms, provided that your license in any content linked to or associated with such NFTs is solely as set forth by the appropriate seller or developer of such NFT.

Third-Party

NFTO is a peer-to-peer web3 service that enables you to engage with various blockchains and discover NFTs made by other parties. You are responsible for confirming the legitimacy, authenticity, and legality of NFTs that you buy from third-party sellers. NFTO makes no representations or warranties about the third-party content that is accessible through our Service, including any content linked to NFTs displayed on the Service. Additionally, we cannot promise that any NFTs displayed on NFTO will always be displayed and/or available for purchase, sale, or transfer. Any content relating to users’ NFTs is the sole responsibility of the users.

The usage of our Service is governed solely by these Terms. NFTs can be bought, sold, or transferred between a buyer, seller, and/or creator directly on public blockchains. They can also be bought, sold, or transferred by buyers, sellers, and/or creators without using our Service and, consequently, without consenting to our Terms. The NFTs themselves may be subject to terms and conditions that are specifically agreed upon by purchasers, sellers, and/or creators with regard to the NFT, including those relating to the use of the NFT content and the rights and obligations connected with a specific NFT (“NFT Terms”). For instance, you may see a third-party link to NFT Terms controlling the usage of the NFT that you will be obliged to abide by when you click to acquire more information about any of the NFTs or NFT collections displayed on NFTO or see the NFT metadata. The NFT Terms are completely between the buyer, seller, and/or creator; neither NFTO nor any other party to any such NFT Terms are responsible for setting them. NFT Terms shall be disclosed, adopted, agreed to, and enforced solely by the buyer, seller, and/or creator. You are in charge of studying such NFT Terms.

The price of an NFT, including any applicable tax, shall be determined and fixed entirely by the Seller. Additionally, they are completely accountable for any mint count and minting procedures for NFTs they sell, where relevant.

NFTO might be compensated in some way for its service. Other charges, fees, and expenses related to purchasing and selling an NFT, such as but not limited to any creator earnings, gas, or transaction fees, are not imposed, collected, or determined by NFTO. The vendor, creator, payment processor, blockchain validator, or other third party, as appropriate, receives direct payment for these charges, fees, and expenses. NFTO is unable to reimburse these expenditures, fees, or expenses because they are not paid by the company.

The Service may also include links or other features that enable you to access or use third-party websites and applications (“Third-Party Websites” and “Third-Party Applications”) as well as to display, use, or otherwise make third-party materials (“Third-Party Materials”) available. Though we might not alert you that you have left our Service, when you click on a link to, access, or use a Third-Party Website or Third-Party Application, you are subject to the terms and conditions (including privacy policies) of a different website or destination. These third-party websites, applications, and materials are not under NFTO’s control and may be “open” applications for which there is no legal remedy. Any Third-Party Websites, Third-Party Applications, and Third-Party Materials are not the property of, or under the control of, NFTO. As a courtesy, NFTO links to these Third-Party Websites and Third-Party Applications but does not review, approve, monitor, endorse, warrant, or otherwise make any claims about these Third-Party Websites and Third-Party Applications, their goods or services, or any Third-Party Materials that may be linked to them. You do so at your own risk when using any links to third-party websites, third-party applications, or third-party materials.

User Behavior

One of our most cherished values is openness, and we’re dedicated to giving web3 users from all backgrounds and skill levels a unique perspective on various blockchains. However, if we determine in our sole judgment that you have broken these Terms or that you could be using our Service for illegal behavior, we reserve the right to take action, with or without prior warning, to safeguard our community and uphold our legal commitments. This could entail taking away or restricting the ability to see or engage with particular NFTs, blocking or limiting the use of the Service (or specific features of the Service), and/or other measures.

You acknowledge that when using the Service, you are solely responsible for your behavior and content and that you will not break any laws, contracts, intellectual property rights, or other third-party rights. You also acknowledge that you won’t:

• Use or make an effort to use another user’s account without that user’s permission;

• Use a wallet or a person’s identity to conduct a transaction on NFTO that is entirely or partially owned or controlled by another individual;

• claim an NFTO username with the intent to sell it, cause confusion, profit from the goodwill of others, or participate in other name-squatting activities;

• If we’ve prohibited any of your other blockchain addresses from accessing the Service, access the Service via a different blockchain address unless you have our prior written consent;

• send undesired NFTs to other users in order to spread spam;

• Use the service in a way that could damage, disable, overburden, or otherwise impair its functionality, including by sharing any software or interacting with any API;

• bypass or disregard rules that restrict access to the Service, such as making an effort to get around any rate limiting mechanisms, routing traffic through several IP addresses, or otherwise hiding the origin of any communication you submit to NFTO;

• Use our service in any manner that is against our developer policies, including using our APIs;

• Use our Service in a manner prohibited by these Terms or any other instructions, including for commercial reasons;

• Use any automated tool or interface, such as a data mining robot, crawler, spider, or offline reader, that is not approved by us to access the Service, extract data, or otherwise tamper with or change how the Service renders its pages or functionality;

• Reverse engineering, duplicating, decompiling, disassembling, or decoding any part of the service, or doing anything else that could lead to the source code being revealed, as well as getting around or around security measures put in place to block or restrict access to any service, area, or code of the service;

• Sell the Service, resell it, or try to get around any NFTO fee mechanisms;

• engage in actions that artificially boost view counts, favorites, or other metrics that NFTO may use to surface or sort items, collections, or search results; or engage in actions that artificially cause an item or collection to appear in a specific location on NFTO’s website or at the top of search results;

• Use the service or information obtained from it for any advertising or direct marketing endeavors (including, but not limited to, telemarketing, SMS, and email marketing);

• Use the service in any way that is related to breaking any law or regulation that applies to you or NFTO, whether directly or indirectly, or in connection with money laundering, terrorism financing, or other illegal financial activities;

• Use the Service for, on behalf of, or in connection with any of the following: (a) any natural person who is subject to sanctions; (b) any natural person who is ordinarily resident in or organized under the laws of any Embargoed Jurisdiction; or (c) any legal person who is owned or controlled, directly or indirectly, by any natural person who is ordinarily resident in or organized under the laws of any Embargo

• Use the service to conduct any financial transactions requiring registration or authorization, such as the creation, offering, sale, or purchase of securities, commodities, options, or debt instruments;

• Use the service to produce, sell, or purchase NFTs, as well as other products that can be redeemed for securities, commodities, or other financial instruments or that grant owners the opportunity to participate in ICOs or other securities offerings;

• Use the service for fraudulent or other deceptive, misleading, or manipulative activities, such as price gouging;

• Use the service to purchase, sell, or transfer stolen goods, goods gained fraudulently, goods seized without consent, or any other illegally acquired goods;

• breach or infringe against another’s intellectual property rights or any other rights;

• create, distribute, buy, or market illicit content, such as anything that might contain child sex exploitation;

• Create or exhibit NFTs or other materials that incite hatred or violence against others, encourage suicide or self-harm, or dox another person;

• Use the service for any illicit or unauthorized activities, such as the production or dissemination of content that could entail the exploitation of children, or the encouragement or promotion of any behavior that is prohibited by the Terms of Service;

• Use a wallet or the service using money obtained through illegal means or with the intent to do so;

• Use the service in a way that might prevent other users from fully appreciating it, disrupt it, or have a negative impact on it.

We enable users to publish content that is “not safe for work” (“NSFW”), however such content and any related materials may be labeled as NSFW and may be treated differently in navigation menus and search results from non-NSFW content.

Last but not least, by utilizing the Service, you are aware of the value of DYOR, or completing your own study. You are solely responsible for investigating any NFT, collection, or account that you view or otherwise interact with in connection with our Service to ensure its veracity, legitimacy, identity, and other pertinent information. Regarding the identification, legality, or authenticity of any NFT, collection, or account on the Service, we make no claims, promises, or suggestions.

Rights to Intellectual Property

You are entirely responsible for how you use the Service and for any data you submit, including for adhering to all applicable laws, rules, and ordinances as well as these Terms and the aforementioned guidelines for acceptable user conduct.

You give us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including without limitation text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, by using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, or by adhering to NFTO’s metadata standards in your metadata API responses. This includes any digital file, work of art, or other content connected to or related to any NFTs shown on the Service.

NFTO makes no claims to ownership of the content by virtue of submitting, posting, or showing it on or through the Service. We don’t claim to own it. We’re merely hinting that we might use it and display it briefly.

For any content that you create, publish, post, promote, or display on or through the Service, you represent and warrant that you own, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein.

The content and information attached to NFTs and other digital products you produce are totally your responsibility. If you don’t have the required authorization or are otherwise legally able to post the content and grant NFTO the license outlined above, you represent and warrant that it does not contain any material that is protected by copyright, trademark, publicity, or other intellectual property rights. You also guarantee that the content complies with all applicable laws.

In response to Digital Millennium Copyright Act (“DMCA”) takedown complaints and/or other claims of intellectual property infringement, NFTO will remove works from its servers. If a user is found to be a repeat offender, access to the Service will also be terminated. Please fill out this form or send a written notification to our designated copyright agent at our address if you believe that your work has been duplicated in a way that constitutes copyright or trademark infringement, infringes your right to privacy or other intellectual property rights.

You must be the rightsholder or have permission from the rightsholder before we can process your infringement claim regarding material on the Service. We encourage you to fill out our form to assist make sure your notification contains the necessary details. If you wish to send us a written notice instead, it must provide the following information:

• a list of the allegedly infringed-upon copyrighted work(s), trademarks, publicity rights, or other intellectual property rights;

• a description of the precise location (i.e., urls) on the Service of the purportedly infringing content that is requested to be deleted, so that we may find the content; identification of the allegedly infringing content that is requested to be removed;

• Your contact information, including at the very least your email address and full legal name (not a nickname);

• a declaration that fully satisfies all of the criteria:

• a declaration that you genuinely believe the use of the content in the manner complained of is prohibited by the law, the owner of the intellectual property rights, or the owner’s representative;

• a certification that the details in the notice are true; and

• a declaration made under penalty of perjury that you are authorized to speak or act on behalf of the owner of the allegedly infringing intellectual property.

• Your written or digital signature, using your entire legal name.

Please be aware that we will send the party whose content will be withdrawn your notice of intellectual property violation, along with your contact information, so they will understand why it will no longer be available on NFTO and can also contact you to address any dispute.

Preferences in Communication

You agree to receive electronic communications from NFTO (such as emails, push notifications, text messages, or other messages) by creating an Account. These communications are a part of your relationship with us and could contain notices regarding your Account (such as transactional information). We might also email you with promotional materials we believe you’ll find useful. You are aware that using the Service does not obligate you to grant this consent, and that you can choose not to receive these communications from the Service or the operating system of your mobile device (with the possible exception of crucial service announcements and administrative messages) by adhering to the unsubscribe instructions provided or by adjusting your Account settings.

App Conditions

In order to download, install, and use the App, you must provide your own mobile device, wireless service plan, software, Internet connections, and/or other necessary hardware or services. We make no promises regarding the compatibility of the App with a specific device or service plan. The availability of the App or Service in any specific location is not guaranteed by us.

To the extent that any other terms and conditions of these Terms are more stringent than, inconsistent with, or less restrictive than the terms and conditions of this paragraph, the more stringent or conflicting terms and conditions in this paragraph shall apply, but only with respect to your use of the App from the Apple App Store. You understand and accept that Apple has no control over the App’s content and that these Terms are strictly between you and NFTO. The applicable terms of use from the App Store must be followed when using the App. You agree that Apple is under no obligation to provide any maintenance or support services for the App. You can tell Apple in the event that the App does not meet any applicable warranty requirements, and Apple will refund your purchase money, if any, for the App. To the fullest extent permitted by applicable law, Apple shall have no other warranty obligation with respect to the App, and these Terms alone will govern any claims, losses, obligations, damages, costs, or expenditures that may arise from the failure of any warranty to be met. You agree that Apple is not liable for addressing any claims you or a third party may have with respect to the App, your ownership of the App, and/or your use of the App, including, but not limited to: (a) product liability claims; (b) any allegation that the App does not meet any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or other similar laws. You understand that NFTO, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of that App violates that third party’s intellectual property rights to the extent required by these Terms. When using the App, you must abide by any applicable third-party terms of agreement. As it relates to your use of the App, you acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. As a result of your acceptance of these Terms, Apple will have the right (and be deemed to have accepted the right) to enforce these Terms against you.

Indemnification

By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless NFTO, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “NFTO Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, content, NFTs, or content linked to or associated with any NFTs (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third party, and (e) your negligence or wilful misconduct. You consent to give NFTO immediate notice of such Claims and to assist the NFTO Parties in rebutting any Claims. You also concur that the NFTO Parties will be in charge of any Claims’ defense or resolution. This indemnity is in addition to any other indemnities specified in a written agreement between you and NFTO, not in place of them.

Disclaimers

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NFTO EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. NFTO (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. NFTO DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NFTO WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE NFTO ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, NFTO CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY NFTS, OR ANY NFTS YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE NFTO PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD NFTO RESPONSIBLE FOR ANY BREACH OF SECURITY.

NFTS, content, and/or content linked to or associated with NFTS are not subject to our responsibility or liability in any way, including, but not limited to, any losses, damages, or claims resulting from: (A) user error, incorrectly constructed transactions, or misspelled addresses; (B) server failure or data loss; (C) unauthorized access or use; (D) any unauthorized third-party activity.

NFTS EXIST ONLY AS A RESULT OF THE OWNERSHIP RECORD KEPT IN THE RELATED BLOCKCHAIN (FOR EXAMPLE, THE ETHEREUM NETWORK). ANY SALES OR TRANSFERS TAKE PLACE ON THE RELATED BLOCKCHAIN (FOR EXAMPLE, ETHEREUM). THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS CAN NOT BE AFFECTED BY NFTO AND/OR ANY OTHER NFTO PARTY OR CONTROLLED IN ANY OTHER MANNER.

NO NFTO PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. NO NFTO PARTY SHALL BE HELD LIABLE FOR ANY LOSS OR INJURY RESULTING FROM LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR FROM NO REPORT AT ALL) OF ANY PROBLEMS WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES RESULTING IN LOSS OR INJURY.

The foregoing exclusion may not apply to you since some jurisdictions do not permit the exclusion of implied warranties in contracts with consumers.

Acceptance of Risk

You consent to and recognize that an NFT’s worth is arbitrary. NFT prices are prone to volatility, and changes in the price of cryptocurrencies can also have a considerably negative impact on NFT prices. You admit that you are fully aware of this subjectivity, volatility, and possibility of financial loss.

You acknowledge that regardless of whether a successful transaction takes place, you are still liable for any fees associated with using the Service, including for any activities you perform on the blockchain, and that these fees are final and irrevocable.

Lack of public use or interest in the establishment and growth of distributed ecosystems could have a detrimental effect on those ecosystems’ development and the corresponding applications they support, which could thus have a detrimental effect on the potential utility of NFTs.

The legislative environment governing non-fungible tokens, cryptocurrencies, and other crypto-based products is hazy, and new laws or rules could have a fundamentally negative impact on how the Service develops and how useful NFTs are.

You are solely responsible for deciding whether taxes, if any, are applicable to your transactions and for making sure that the right sums of taxes are withheld, collected, reported, and sent to the proper tax authorities. Any taxes that are applicable to your NFTs or the sale or purchase of your NFTs must be determined, withheld, collected, reported, and sent by you; NFTO is not in charge of doing this.

Through peer-to-peer transactions, there are risks involved with buying items connected to third-party content, such as the possibility of buying items that are fake, mislabeled, susceptible to metadata deterioration, based on flawed smart contracts, or items that might lose their transferability. Before deciding to buy, sell, transfer, or otherwise deal with any NFTs or accounts/collections, you represent and warrant that you conducted adequate research.

We do not manage or own the smart contracts that third parties have implemented, thus we cannot be held accountable for how they operate or function.

We have no authority over the public blockchains you are using, and we have no control over certain smart contracts and protocols that might be necessary for you to be able to conduct transactions on these public blockchains. Additionally, since blockchain transactions are final, NFTO is unable to undo any blockchain transactions.

The use of Internet- and blockchain-based products carries some risks, such as those related to hardware, software, and Internet connections, the introduction of malicious software, and the possibility of unauthorized access to your third-party wallet or Account by third parties. You agree and accept that NFTO, regardless of the reason, will not be held accountable for any communication breakdowns, interruptions, mistakes, distortions, or delays you may encounter when using the Service or any Blockchain network.

The Service is dependent on vendors and/or third-party platforms. Access to and use of the Service will suffer if we are unable to maintain a positive working relationship with such platform providers and/or vendors, if the terms and conditions or pricing of such platform providers and/or vendors change, if we violate or are unable to comply with such platforms’ and/or vendors’ terms and conditions, or if any such platforms or vendors lose market share, fall out of favor, or are inaccessible for an extended period of time.

In the event that any of these concerns or other issues arise, NFTO reserves the right to hide collections, contracts, and other assets. On NFTO, purchased items could stop working. Any claim against NFTO shall not be based on any inability to view items on NFTO or an inability to use the Service in connection with the purchase, sale, or transfer of items available on any blockchains.

By entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the scope of this release to claims that you may know or suspect to exist in your favor at the time of agreeing to this release, and you release us from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Restrictions on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL NFTO OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY (A) FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF NFTO OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, PRODUCTS OR THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL NFTO’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, NFTS, OR ANY NFTO PRODUCTS OR SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE FEES NFTO RECEIVED FROM YOU FOR ITS SERVICES DIRECTLY RELATING TO THE OBJECTS OF THE CLAIM. 

The limitations listed above will still be in effect even if the aforementioned remedy fails to achieve its intended result.

The above limitation or exclusion may not apply to you because some countries do not permit the exclusion or limitation of incidental or consequential damages. This limitation may not apply to personal injury claims since some countries additionally restrict disclaimers or limitations of liability for personal damage caused by consumer products.

Privacy Principles

For details on how we gather, utilize, and share information from and/or about you (“Your Information”), please refer to our privacy statement. You fully consent to the collection, use, and sharing of Your Information in accordance with the Privacy Policy by providing Your Information through our Service, and you agree to the terms of our Privacy Policy.

Adjustments to the Service

We reserve the right, in our sole discretion, to change, suspend, or end the Service (or any features or portions thereof), permanently or temporarily, at any time and without incurring any obligation.

Resolution of Disputes

Please pay close attention to the accompanying arbitration agreement (“Arbitration Agreement”) in this section. It restricts how you can get help from us and mandates that you resolve problems with NFTO. Conflicts between users or between users and third parties are not governed by this section. For such conflicts, NFTO does not offer dispute resolution services; instead, the parties are required to settle them directly.

The Arbitration Agreement’s Applicability

You acknowledge and agree that any dispute, controversy, or claim relating in any way to your use or access of the Service, to any goods sold or distributed through the Service, or to any part of your relationship with NFTO, will be settled by binding arbitration rather than in court, with the following exceptions: (1) you or NFTO may bring claims in small claims court, but only if the claims are eligible, and (2) you or NFTO may bring claims in arbitration rather than in court.

Process for Resolving Disputes

Prior to starting an arbitration, small claims court case, or seeking equitable relief for intellectual property infringement, you and NFTO both concur to make good-faith attempts to settle differences. You must begin this dispute resolution procedure by writing to NFTO to describe the specifics of your claim and the intended outcome. In order to discuss the disagreement and endeavor in good faith to seek a resolution that benefits both parties without incurring additional costs, the parties agree to meet and confer in person, over the phone, or via videoconference (hence the “Conference”). This will help avoid arbitration or, where appropriate, litigation costs. You agree to actively engage in the Conference even if you are being represented by legal counsel, who may attend as well. Similarly, if NFTO has legal representation, that legal representation may attend the Conference as well, but NFTO promises to send a company representative who will attend the Conference in full. While the parties participate in the Conference and informal dispute resolution procedure required by this paragraph, the statute of limitations and any filing fee deadlines shall be tolled. In the event that the parties are unable to settle their differences within thirty (30) days of the start of the dispute resolution procedure, either party may begin arbitration proceedings, bring a lawsuit in small claims court, or, if the circumstances warrant, file a claim for injunctive or equitable relief in a court with appropriate jurisdiction for cases involving intellectual property infringement.

Forum and Arbitration Rules

This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act. You must write a letter requesting arbitration and outlining your claim to our registered agent at NFTO, in order to start an arbitration case after engaging in the dispute resolution process. You are responsible for paying any additional expenses you make during the arbitration, such as legal or expert witness fees. If you live in the United States, you have the option of having the arbitration take place in person in your hometown or via phone or videoconference. If not, the arbitration may still be held at a mutually convenient location. Any judgment on the arbitrator’s decision may be entered in any court with the necessary jurisdiction.

The Power of the Arbitrator

The arbitrator shall have sole authority to: (a) define the scope and enforceability of this Arbitration Agreement; and (b) settle any controversy relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any portion of this Arbitration Agreement is void or voidable. The outcome of the arbitration will determine your and NFTO’s rights and obligations, if any. There shall be no joining or consolidation of the arbitration case with any other cases or parties. The arbitrator shall have the power to grant motions that would result in the dismissal of all or a portion of any claim. The arbitrator shall have the power to award money damages and to provide any non-financial relief or non-monetary remedy that a party may be entitled to under applicable law, the rules of the arbitral venue, and these Terms. A written award and statement of judgment, including the amount of any damages awarded, must be issued by the arbitrator. It must include all pertinent findings and conclusions. Similar to how a judge in a court of law would be able to grant relief on an individual basis, the arbitrator has this power. The arbitrator’s decision is final and enforceable against both you and us.

Jury Trial Waiver

Except as provided in the second bullet of this Section 16 above (“Applicability of Arbitration Agreement”), YOU AND NFTO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL BEFORE A JUDGE OR A JURY AND ELECT TO HAVE ALL CLAIMS AND DISPUTES RESOLVED BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT. An arbitrator is bound by these Terms and has the same authority to award damages and other relief on an individual basis as a court would. However, there is no judge or jury in arbitration, and the court can only review a very small portion of an arbitration ruling.

Class Action and Class Arbitration Waiver

ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY. THEREFORE, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NO THINK, CONSIDER Without limiting the generality of the aforementioned, you and NFTO concur that no dispute shall be submitted to class arbitration without the permission in writing of all parties involved. A claim for relief must be severed from the arbitration and brought in the state or federal courts based in New York County in the State of New York if a ruling is made saying that the limitations of this paragraph cannot be enforced as to a particular claim for relief. Arbitration will be used for all other claims.

Severability

Aside from what is specified in this Section, if any portion(s) of this Arbitration Agreement are determined by the law to be invalid or unenforceable, such portion(s) shall be severed and shall have no further force or effect, while the remainder of the Arbitration Agreement shall remain in full force and effect.

Maintaining the Agreement

When your partnership with NFTO ends, this arbitration agreement will remain in effect.

Modification

Regardless of any clause to the contrary in these Terms, we acknowledge that you may reject any future material changes made by NFTO to this Arbitration Agreement by sending a letter to NFTO.

Rule of Law and Place

The laws of the State of New York shall govern these Terms, your access to and use of the Service, and their interpretation and enforcement (without giving effect to any principles or rules of conflict of laws of the State of New York or of any other jurisdiction which would cause the application of the laws of any other jurisdiction). The state or federal courts of New York County in the State of New York, and the United States, respectively, sitting in the State of New York, must be used to resolve any disagreement between the parties that is not subject to arbitration as specified in Section 16 or cannot be heard in small claims court.

Termination

All rights given by NFTO will automatically expire if you violate any of these Terms. In addition, despite anything else stated in these Terms, we reserve the right to suspend, restrict, disable, terminate, or delete your Account and/or your ability to access or use the Service (or any of the aforementioned) at any time and for any reason. You acknowledge and agree that we shall have no liability or obligation to you in such an event, and that you will not be entitled to a refund of any paid amounts. You continue to own your NFTs even if we close your Account or restrict your use of the Service. Through public blockchains and other web3 wallets, platforms, and/or websites, you can still access your NFTs.

Severability

Any term, clause, or provision of these Terms that is determined to be invalid or unenforceable shall be deemed severable from these Terms and shall not affect the validity or enforceability of any portion of such term, clause, or provision or any other term, clause, or provision of these Terms.

Prohibitive Relief

You acknowledge that if these Terms are violated, NFTO will suffer irreparable harm for which monetary compensation would not be an adequate remedy. As a result, NFTO shall be entitled to equitable relief in addition to any other available legal or contractual remedies, and without the need for a bond, other security, or evidence of damages.

Residents of California

If you live in California, you must abide by Cal. Civ. Code Section 1789.3, you may submit concerns to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

Export Regulations

You agree that you will not, directly or indirectly, export or re-export the Service or any other information or materials provided by NFTO hereunder to any country for which the United States or any other relevant jurisdiction at the time of export requires an export license or other governmental approval. In particular, but not exclusively, the Service may not be exported or re-exported (a) into any nations that the United States has embargoed or that it has otherwise classified as undesirable. Government as a nation that “supports terrorism,” or (b) to any person included on a U.S government list of forbidden or restricted parties. The United States Treasury Department’s list of “Specially Designated Nationals” Department of Commerce Entity List or Person’s List Denied. You represent and warrant that you are not situated in any such country or on any such list by using the Service. You are in charge of adhering to all applicable United States export rules and regulations, and you hereby undertake to do so at your own expense.

Survival

After and despite any termination of these Terms by NFTO or you, those provisions that by their nature should survive the termination of these Terms will remain in full force and effect. The termination will not affect any of NFTO’s other legal or equitable rights or remedies.

Terms of Service for Physical Products on NFTO

Users can purchase physical products on the Nftcommerce section of NFTO. The specific terms of service for these physical products are listed below:

Purchases: You accept these terms and conditions by buying the physical products from NFTO. Payment must be made in full and is not refundable at the time of purchase. 

Product descriptions: We make an effort to give accurate and thorough descriptions of our items. Please note that there may be slight variations from the exhibited photographs in terms of colors, measurements, and other details.

Shipping: We will make reasonable efforts to deliver the physical items that you have ordered to the address that you have provided within the allotted time period. However, delays might happen as a result of unanticipated events beyond our control.

Refunds & returns: The request for refunds or returns must be made within 14 days after delivery. We accept returns as long as the following requirements are met: a) The item must be unopened, undamaged, and in its original packing; b) You must have proof of purchase; c) Shipping costs when returning the product are the buyer’s responsibility.

Refund procedure: We will check the returned physical item for flaws or damage as soon as we get it. We will give a refund to you within 7 business days if the returned product meets the return requirements.

Exchanges: For physical items, we do not provide any direct exchanges. You must complete the return procedure and place a new order for the desired item if you want to swap an item.

Physical damages or faulty products: If you receive a product that is physically damaged or faulty, please contact our customer service within 48 hours after delivery. Please provide adequate information and documentation related to the purchase. If necessary, we’ll evaluate the problem, offer a replacement, or issue a refund.

Limitations: NFTO is not responsible for any incidental, consequential, indirect, or punitive damages resulting from the purchase, use, or inability to utilize the physical items.

You acknowledge that you have read, understood, and agreed to all of the following terms and conditions before making a physical product purchase on NFTO. These terms are subject to modification without prior notice. After the modification, the updated version will become effective upon publication.

Miscellaneous

The entire agreement between you and NFTO regarding your access to and use of the Service is set forth in these Terms (and any other applicable terms or policies included by reference in these Terms). Without NFTO’s prior written consent, you may not transfer or assign these Terms or any rights or licenses granted herein, and NFTO’s failure to exercise or enforce any right or provision in these Terms shall not be construed as a waiver of such right or provision. No waiver of a breach or default under this agreement by either party shall be deemed a waiver of any breach or default that occurred earlier or later. The section headers used here are solely for reference and should not be interpreted as having any kind of legal significance.

We run the Service from the United States. Anyone choosing to access the Service from a place outside of the United States does so on their own initiative and is in charge of adhering to any local laws that may be in force there. You and NFTO agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.