Terms and Conditions

Last Modified: April 26, 2022

1. ACCEPTANCE OF THE TERMS OF SERVICE

2. DEFINITIONS

For the purposes of these Terms of Service, the following capitalized terms will have the following meanings:

3. PLATFORM

The Platform is an Online Service Provider for facilitating communication among Users, Sellers, Resellers, Sellers Plus and Buyers. Sellers may market their sale of NFTs (further clarified below to include, amongst other things, services, and physical goods) and Users may peruse and at their option, become a Buyer to bid on or buy the NFTs. Auctions shall also be governed by the Auction Terms, attached as Exhibit B.

4. USER QUALIFICATIONS

The Platform is offered and available to Users who are 18 years of age or older who are acting in compliance with applicable law and who are not in breach of the Terms of Service or legal obligations to third parties. The Platform is unavailable to Users who are convicted sex offenders and Users who have previously had their account disabled by the Company for violations of the Terms of Service or other applicable policies. If the User is an organization, you affirm you have the right, power, and authority to enter into the Terms of Service on behalf of, and to bind, said organization. If you do not agree to the Terms of Service, you must not use the Platform or any of our services.

By using the Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet the foregoing eligibility requirements. You represent that you are legally permitted to use the Platform in your jurisdiction including owning, buying, selling or otherwise transacting in NFTs (defined below) and interacting with the Platform in any way. If you do not meet all of these requirements, you must not access or use the Platform. Without limiting the foregoing, by using the Platform, you acknowledge and understand that laws regarding cryptographic tokens, including NFTs, may vary from jurisdiction to jurisdiction, and it is your obligation alone to ensure that you fully comply with any law, regulation or directive, relevant to your jurisdiction with regard to the use of the Platform. You further represent and warrant that you will not use the Platform if the laws of your country of residency prohibit you from doing so in accordance with these Terms of Service. For the avoidance of doubt, the ability to access the Platform does not necessarily mean that the Platform, or your activities through it, are legal under the laws, regulations or directives relevant to your jurisdiction. All of the Platform, or the services made available through the Platform, may not be available to all Users, and we reserve the right to assess or reassess at any time your eligibility to use all or part of the Platform, to filter by geography or other methods traffic to NFTs, pages, or the Platform or to delete, filter, or remove from sale or purchase any item in our sole discretion. The availability of our Platform does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation. By accessing or using the Platform, you explicitly agree that transactions on the Blockchain Technology made available on or through the Platform and services are subject to the Terms of Service and legally binding and enforceable upon you and the contract counterparty.

5. CONTRACTS FOR PURCHASE AND SALE

The contract for license of NFTs is between a Seller and a Buyer. Company, as an Online Services Provider, provides no guarantee related to how Users use the Platform, for example: the existence, accuracy, quality, safety or legality of NFTs or Content; the ability, authorization, or legal standing of Sellers to sell NFTs; the ability of Buyers to pay for NFTs; the ability or inability to resell NFTs; or that any Seller, Reseller, Seller Plus or Buyer will complete a transaction or return an NFT. NFTs for sale can also include an association with physical goods (with or without NFC Tags), or act as a digital key for services. NFTs are implemented on the Blockchain Technology and made available on or through the Platform.

Sellers are responsible for all license agreements regarding NFTs with Buyers, including, but not limited to, license agreements for the Content and other associated goods and services. Company will enable Sellers to provide such agreements through the Platform interface. Company has the right, but not the obligation, to review, request modification of, and reject such agreements between Buyers and Sellers, Resellers or Sellers Plus on the Platform and reserves the right to require Sellers to remove NFTs for sale. Sellers, not the Company, are responsible for legal compliance in all aspects of marketing, making available, and selling NFTs and Content, but Company shall have the right, but not the obligation to intervene or to enforce or require you to enforce or comply with the law, User or third party rights, or these Terms of Service.

6. PURCHASE AND SALE OF NFTS

The Platform allows a Buyer to purchase NFTs. Purchases of NFTs may occur via such methods, including “buy now” or auction functions, as shall be made available on the Platform from time to time.

BUYER BEARS FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, INTEGRITY, IP OWNERSHIP, AND AUTHENTICITY OF NFTS BUYER PURCHASES ON THE PLA TFORM.

7. OWNERSHIP OF NFTS AND CLOUD SERVICES IP

• Ownership of NFT. Because each NFT purchased via the Platform is an NFT associated with a hash on the Blockchain Technology, when you purchase an NFT in accordance with these Terms of Service, you license the underlying NFT from the Seller (see Section 9).
• Platform Ownership. You acknowledge and agree that we (or, as applicable, our licensors) own all legal right, title and interest in and to all Cloud Services IP. You acknowledge that the Cloud Services IP are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Cloud Services IP are the copyrighted property of us or our licensors, and all trademarks, service marks, and trade names associated with the Platform or otherwise contained in the Cloud Services IP are proprietary to us or our licensors.
• No User License or Ownership of Cloud Services IP. Except as expressly set forth herein, your use of the Platform does not grant you ownership of or any other rights with respect to any Cloud Services IP that you may access on or through the Platform. We reserve all rights in and to the Cloud Services IP that are not expressly granted to you in these Terms of Service.

8. LICENSE AND ACCESS TO PLATFORM

Subject to your compliance with these Terms of Service and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform and related services. This license does not include any collection and use of any product listings, descriptions, or prices; any derivative use of any service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of framing, data mining, robots, or similar data gathering, viewing, and extraction tools. The preceding sentence is not intended to apply to data and information made available to Sellers through their own administrative console and reports generated through the console, which are pre-authorized or made available by the Platform in the normal course of business. All rights not expressly granted to you in these Terms of Service are reserved and retained by the Company or its licensors, suppliers, publishers, rightsholders, or other content providers. No portion of the Platform may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not access portions of the Platform for which you are not authorized or given password access. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Platform without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may use the Platform only as permitted by law. The licenses granted by us terminate if you do not comply with these Terms of Service or any Service Terms.

9. NFT LICENSE

Through the use of the Platform, a Seller, consistent with the Terms of Service, will be permitted to mint NFTs associated with Content produced by Seller (or its licensors, for which Seller is solely responsible) and license them on the Platform. When selling or purchasing an NFT, you agree and understand what characteristics NFTs have and how the following terms apply to their sale. An NFT is a digital tool that can represent real-world objects such as photographs, videos, writings, or music. NFTs are usually built using similar technology to digital currencies. While digital currencies are usually fungible, NFTs usually are not. Each NFT is coded into a blockchain or similar technology, contains built-in methods for evidence of authentication and proof of ownership, but the NFT Content, which usually resides off chain, could be unauthorized, unavailable, or illegal. When you buy an NFT, the terms of your purchase, and the rights you actually purchase and own, may be limited by the license terms or technology of the underlying NFT. Some NFTs may include a right to redeem for services or a physical item to which the NFT relates and which may carry an NFC Tag. In such instances, once the NFT has been redeemed, the NFT may remain in circulation, but the redemption right will be terminated. It is up to you to confirm your understanding of what you are selling or buying, and the license you are giving or receiving at the point of sale. If Seller does not provide a custom license to Buyer at the point of sale for an item, such as an NFT and its related Content, then the NOCL (Attached as Exhibit “A”), shall apply as between Seller and Buyer.

You further understand that blockchain transactions are usually not reversible. You understand that NFTs and other NFTs may only exist by virtue of the ownership record maintained on a blockchain, and are conducted and occur on decentralized ledgers. Company has no control over and makes no guarantees or promises with respect to the functioning of such blockchain or the persistence or compatibility, or lack thereof, of the NFT or related Content. In cases where a transaction involving an NFT is revealed to be fraudulent, illegal or infringing, or a Buyer or Seller acts fraudulently or illegally or in an infringing manner, then the defrauded or injured Buyer/Seller shall have no recourse against Company, but solely against the respective Seller/Buyer.

Sellers of NFTs are responsible for providing all necessary information in compliance with all applicable law and regulations regarding such NFTs in applicable listings on the Platform.

10. ELECTRONIC COMMUNICATIONS

When you use our Platform or send emails, text messages and other communications from your desktop or mobile device to us, you consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

11. CHANGES TO THE TERMS OF SERVICE

We may revise and update these Terms of Service from time to time in our sole discretion, and may provide you with notice of such changes by any reasonable means, including without limitation, by posting the revised version of these Terms of Service on the Website or in connection with the Services. You can determine when these Terms of Service were last revised by referring to the “Last Modified” legend at the top of these Terms of Service. Once the updated Terms of Service are in effect, you will be bound by the updated Terms of Service if you continue to use or access the Platform or any Services. Any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice on or prior to the effective date of any updated Terms of Service.

12. ACCESSING THE PLATFORM AND ACCOUNT SECURITY

To access the Platform or some of the resources it offers, you may be asked to provide Login Info and may be required to provide a Wallet to access, fund or receive disbursements from your account. It is your sole responsibility to maintain the security of your Login Info and your Wallet. If you lose access to your Wallet, a private key, password, or other method of securing your Wallet, any funds or NFTs contained therein, may be irretrievable, and we will be unable to assist you in any way. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against us, our affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to your use of any Wallet technology or software, associated loss of funds or NFTs, transaction failures, or any other defects that arise in the course of your use of your Wallet, including any losses that may obtain as a result of any failure in smart contracts made available on the Platform. You hereby accept responsibility for any activity transacted on the Platform through or using your Wallet or its associated data. Additionally, you hereby irrevocably waive, release and discharge all claims, whether known or unknown by you, against us, our affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any injury, loss, or defects that arise in the course of your use of the Platform, your Wallet, your Login Info, or your account. By using the Platform, you agree to be fully, independently and personally liable for each transaction made on the Platform by you or through your account, and you must make sure that you are the only person with access to your Login Info at all times. You hereby accept responsibility for any activity transacted on the Platform through your account.

Given the inherent risk of transmitting information over the internet or the use of Blockchain Technology, we will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to Users. You are responsible for making all arrangements necessary for you to have access to the Platform. The quality (e.g., the resolution) of making available or streaming content, as well as the download speed of downloadable content, may be affected by a variety of factors such as your location, the content being streamed or downloaded and the speed of your Internet connection. The Company makes no representation or warranty regarding access to content available on or through the Platform, including the quality of streaming content and the download speed of downloadable content (including, for example, the Content underlying any NFT).

It is a condition of your use of the Platform that all the information you provide on the Platform is authorized, correct, current, lawful, and complete. You agree that all information you provide to this Platform or otherwise, including but not limited to through the use of any Interactive Services (defined below) on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

When using or accessing the Platform, the features of the Platform may permit you to store data, preferences set by you, content or other information for your convenience (including the Content associated with any Purchased Asset), but the Company is under no obligation to retain any such data, preferences, content or other information. Users are solely responsible for retaining and storing any Content associated with a Purchased Asset in a manner that is compliant with these Terms of Service, the applicable license agreement(s), and applicable law.

13. FEES; PAYMENT

• Fees; Purchase Prices. Fees for the use of the Platform are located on our Websites or will be presented to you at the time you make purchases or sign up for an account. Fees for use of the Platform may be changed at any time in our sole discretion. Prices for NFTs will be as provided on or via the Platform from time to time. Additionally, some services on the Platform involve Gas Charges. You acknowledge and agree that the Company has no control over: (a) any distributed- ledger technology transactions; (b) the method of payment of any Gas Charges; or (c) any actual payments of Gas Charges. Accordingly, you are solely responsible for the payment of any Gas Charges required to complete any transaction on the distributed ledger based Platform and you must ensure you have sufficient funds and means available therefor before initiating such transactions. If you do not agree with the fees charged for Platform functionality, do not use or access the Platform. Failure to pay any fees or charges incurred may result in the immediate termination of your access to the Platform, without limitation of any other rights or remedies available at law or in equity. You agree that Company may deduct such fees from other Platform transactions.
• Other costs: Sellers are responsible for all costs related to or arising out of Transactions such as minting costs, returns of NFTs sold, credit card chargebacks, taxes, fees, penalties and fraud. Sellers shall reimburse Company for any and all such costs (including penalties) and agree that Company may deduct such costs from Sellers other Platform transactions or charge Seller’s credit/debit card or other payment method on file or invoice you for immediate payment.
• Taxes/Exchange Fees. You will be solely responsible to pay any and all Taxes, defined above. Except for income taxes levied on us, you: (a) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (b) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments (including Gas Charges) made to us pursuant to these Terms of Service. Your purchase of NFTs or use of paid services may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates), which shall be your responsibility.
• Credit/Debit Card and other Payment Transactions. The Company reserves the right to accept or discontinue acceptance of any payment method for any service or other fee or charge from time to time without notice. Sellers and Buyers grant Company permission to effectuate credit and debit card payments for Transactions and cryptocurrency. The Company may accept a given payment method from some Users but not others, depending on credit risk or other factors. If you wish to use a credit or debit card in any Transaction, defined above, you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit/debit card, bank account information (for electronic check or ACH payments), your billing address, your shipping information, your email address, wallet address, and/or information required for payment by cryptocurrency (including any required know-your-customer or similar information). YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to the Company the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf, including to third party payment processors, and such information will be subject to the Terms of Service and privacy policies of such third parties as described in our Privacy Policy. Verification of information may be required prior to the acknowledgment or completion of any Transaction. As permitted by our Privacy Policy, we will also have the right to save your payment information and use it for all future charges, which may automatically be charged to your saved information unless you notify the Company of different payment information, or the Company may choose to immediately delete such payment information once the Transaction has been processed. We are not responsible for any fees or charges, or international currency conversions, or cash advance fees, your bank or credit/debit card issuer may apply. If your credit/debit card issuer or bank reverses or refuses a charge to your credit/debit card or bank account, we may bill you directly and seek payment by another method such as a mailed statement. We may also cease providing access to the Platform or paid services or take steps as feasible to prevent access or use of the NFT and/or related Content/Goods/Services you purchased, if we are unable to collect fees that are due.
• Users may pay for points or social tokens, which are redeemable for goods or services on the Platform, using payment methods such as the following (depending on availability): credit cards, debit cards, certain cryptocurrencies, and USDC. Company may modify the type of payment methods available to you at its own discretion. The contract for the purchase of goods/services between Buyer and Seller is directly concluded by that Buyer and Seller, even if Company provides payment-related services to assist in concluding the purchase.
• Users wishing to receive funds as part of any Platform transaction must have a financial account on file that is operable to receive funds. Financial accounts include (depending on availability): bank accounts, blockchain addresses, and similar methods of receiving payment. Company may modify the type of financial accounts available to You at its own discretion.
• To load your Platform account with cryptocurrency or points or to request conversion of points to U.S. Dollars or cryptocurrency, you may be required to provide us with all necessary information for the purposes of: verifying your identity, complying with applicable laws, managing settlements of your purchases, and assessing fraud and risk. For individuals, this information may include your full name, address, phone number, date of birth, taxpayer identification number, bank account information, and a form of government-issued identification, among other points of verification. For businesses, this information may include full business name, address, phone number, entity type, bank account information, tax identification number, and formation documents, among other points of verification. In addition, businesses may be required to provide details regarding your beneficial owner(s), director(s), officer(s), authorized representative, and/or primary contact, such as name, contact information, nationality, title, and government-issued identification, among other points of verification.
• We may use third-party payment services providers to assist us in providing payment capabilities, and we may process your data and transfer it to these third parties. You hereby explicitly consent to: our use of such third-party service providers, the outsourcing of services to them, and the related transfer and processing of data.
• You authorize Company and our affiliates to verify information you provide to us, such as by verifying the existence of your bank account and obtaining reports from third-party sources, such as anti-money laundering, know-your-customer service providers. We reserve the right to close, suspend, or limit your account or rescind your access to the Platform in the event we are unable to obtain or verify any of this information. You agree that Company is not responsible for any losses suffered by you as a result of incomplete or inaccurate information you provide.
• You agree to comply with all applicable laws, regulations, rules and terms and conditions in connection with your payment methods. You understand that some third parties, including payments services providers and others, may have their own applicable terms and conditions for the payment methods you choose to use. Failure to follow such third-party terms and conditions may result in fees assessed to you (for example, credit card currency conversion fees) or other actions taken by such third parties, and you agree that Company has no control over, or responsibility or liability for, such fees or actions.
• In any jurisdiction where Company has an obligation to collect sales taxes on sales you make using our Platform, we may collect such sales taxes from you via the payment method on file under the terms of your billing agreement with Company or via any other means available to us.
• We may display third-party advertisements (including links and references thereto) or other content in any part of our Platform, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, Sellers.
• Due to the nature of NFTs and the blockchain, no refunds are possible. In order to manage risk or secure your obligations under this Terms of Service, we reserve the right at our reasonable discretion to require that you maintain a minimum reserve of transaction proceeds not available for disbursement (in the form of a fixed or rolling reserve) as a means of security. We will notify you of any reserves we require of you. Depending on your performance and the risk associated with your use of the Platform, a reserve may be raised, lowered, or removed at any time; if required by law, we will give you prior notice of such changes.
• You acknowledge the importance of the security measures we put in place with regards to purchases, payment methods, and financial accounts, and agree to comply with them. If you become aware of an unauthorized payment transaction or of a delayed or incorrectly executed transaction, you must notify us immediately.

14. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

Use of the Platform may carry financial and legal risk. NFTs, such as NFTs, are a novel and relatively experimental technology. Their value, if any, can fluctuate with great volatility, and transactions conducted with NFTs are irreversible. NFTs and smart contracts are typically described using extremely technical language that is difficult to understand and requires a deep knowledge of cryptography and computer science. Functionality made available on the Platform may have inherent design flaws that have not been detected in testing or may not perform as expected in conjunction with third-party technology or high-volume use. You should carefully consider whether you have sufficient understanding of the technology and the applicable law before accessing or using the Platform. Hedera uses gossip, virtual voting and hashgraph mechanisms to measure consensus. These technologies and platforms may have unique benefits, limitations, advantages and disadvantages. It is up to you to understand these factors.

• By accessing or using the Platform, you hereby represent that you have the requisite knowledge and experience to evaluate the risk of the technology you are using and any transactions you undertake, and you accept the risk that the Platform might not function as anticipated and that you might lose access to your NFTs and/or the Platform temporarily or permanently. Without limitation of the foregoing, you also acknowledge and accept the following risks: The prices of collectible blockchain assets such as NFTs are extremely volatile and subjective and collectible blockchain assets have no inherent or intrinsic value. Fluctuations in the price of other NFTs could materially and adversely affect the value of your NFTs, which may also be subject to significant price volatility. Each NFT has no inherent or intrinsic value. We cannot guarantee that any NFTs purchased will retain their original value, as the value of collectibles is inherently subjective and factors occurring outside of the Platform may materially impact the value and desirability of any particular NFT.
• It may be extremely difficult to sell or transfer your NFT, other than via the Platform, due to the nature of the NFT and its existence on the Blockchain Technology.
• You are solely responsible for determining what, if any, taxes apply to your NFT-related transactions. We are not responsible for determining the taxes that apply to your transactions on the Platform.
• There are risks associated with using an Internet-based currency, including, but not limited to, legal risks, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your electronic Wallet. You accept and acknowledge that we will not be responsible for legal risks, any communication failures, disruptions, errors, distortions or delays you may experience when using the Blockchain Technology, however caused.
• The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Platform ecosystem, and therefore the potential utility or value of your NFTs.
• Upgrades to the Blockchain Technology, a hard fork in the Blockchain Technology, or a change in how transactions are confirmed on the Blockchain Technology may have unintended, adverse effects on all blockchains using the Blockchain Technology, including the Platform.

15. LICENSE TO YOUR MATERIAL

You hereby represent and warrant that you have the full legal rights to upload, copy, distribute, use, perform, and make available all materials on the Platform, to grant all licenses herein, including for example, for all User Contributions, Content, and Seller Materials. You hereby grant and will grant Company and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable (through multiple tiers), perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use User Contributions, Content, and Seller Materials (together “Holistic Materials”) in connection with the operation, public relations, and marketing of the Platform and service in any form, medium or technology now known or later developed. This license includes the right for Company to make Holistic Materials available to other entities and individuals who partner with Company in the delivery of the Platform and services. Company may preserve Holistic Materials and may also disclose Holistic Materials if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Terms of Service; (c) respond to claims that any of the Holistic Materials violates the rights of Users or third parties; or (d) protect the rights, property, or personal safety of Company its Users and the public. The technical processing and transmission of the Holistic Materials may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices. This license shall survive termination of this Terms of Service. Company shall further have the right to sublicense and/or assign this license, including, but not limited to, in a merger or acquisition. Company shall have the right, but not obligation, to remove anything, including, but not limited to Holistic Materials, from the Platform without liability, in Company’s sole discretion. You retain whatever intellectual property rights you have in the Holistic Materials you upload to the Platform, subject to the Terms of Service and Privacy Policy.

16. INTELLECTUAL PROPERTY RIGHTS

The Company name, logo, such as Infinite, Token Tourney, Infinite Speed, Suku, and other related trademarks or service marks are the exclusive property of the Company (or its licensors) and may not be used without our prior written consent. If you breach these Terms of Service, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials derived from the Platform that you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws. From time to time, we may allow you to use our intellectual property rights (such as images, videos, or sounds) in User Contributions. We retain all ownership and rights in such content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted.

You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform. The Platform and its entire contents, features and functionality (including but not limited to all information, trademarks, service marks, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are provided by the Company, its licensors or other third-party providers of such material, some of which may be protected by United States and international copyright, trademark, patent, trade secret and other intellectual property rights laws. Third-party technology and Third Party IP may be provided to the Platform that is owned by the third-party provider of such technology and Third Party IP and is made available subject to these Terms of Service as well as any additional applicable license related to such technology. Without our written permission, you may not modify, create derivative works of, decompile, or otherwise attempt to extract source code from the Platform.

17. PROHIBITED USES

You may use the Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Platform:

• to sell NFTs that you are simultaneously also marketing or posting for sale on any other similar service, platform, website or similar tool;
• to sell NFTs that in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• to attempt to circumvent any Platform security or access controls or to interfere with the operation of the Platform;
• to impersonate or attempt to impersonate or misrepresent your affiliation with, the Company, a Company employee, another User or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
• to transmit or exchange goods, services, or payments or NFTs that are the direct or indirect proceeds of any illegal, criminal or fraudulent behavior;
• in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform;
• in combination with any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
• in combination with any manual process to monitor or copy any material on the Platform or for any other unauthorized purpose without our prior written consent;
• in combination with any device, software or routine that interferes with the proper working of the Platform;
• to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• to infringe the patent, trademark, copyright, moral, database, publicity and/or other intellectual property rights of third parties or that belong to or are licensed to Company;
• to obtain information about another User and use such information for any purpose other than the intended uses of the Platform, unless given consent by said User; or to otherwise attempt to interfere with the proper working of the Platform;
• to upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, deceptive, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, violates gambling, consumer protection, or securities laws anywhere in the world, hateful, or racially, ethnically or otherwise objectionable;
• to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Platform;
• to upload, post, email, transmit or otherwise make available any Content that YOU do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, rights of publicity / name/ likeness, copyright or other proprietary rights of any person or entity;
• to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “affiliate marketing codes,” “link referral code,” or any other form of commercial solicitation;
• to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, networks or telecommunications equipment;
• to disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real-time exchanges;
• to violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
• to provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
• “stalk” or otherwise harass another person or User;
• collect or store personal data about Users without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or, without authorization, upload, post, email, transmit, chat or otherwise disclose Users’ private information; or
• disclose any telephone numbers, street addresses, last names, URLs or email addresses in any User profile that you create.

PLEASE REPORT ANY VIOLATIONS OF THIS SECTION OR THE TERMS OF SERVICE TO COMPANY’S CUSTOMER SERVICE DEPARTMENT at support@goinfinite.com.

18. MONITORING, ENFORCEMENT AND TERMINATION

We have the right to:

• remove or refuse to post any User Contributions for any or no reason in our sole discretion;
• take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service (including the Content Standards set forth below), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Platform or the public, or could create liability for the Company;
• disclose your information to any third-party claiming that your User Contribution violates their rights, such as intellectual property rights or right to privacy;
• take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform; and/or
• terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Service.

Company may require you to provide information and documents in its sole discretion or at the request of any competent authority or in the case of application of any applicable law or regulation, including laws related to anti-money laundering or for counteracting financing of terrorism. Company, in its sole discretion, may pause or cancel your account or transactions until such additional information and documents are reviewed by and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, Company may take such action as Company determines appropriate, in its sole discretion, including, but not limited to cancelling a transaction or terminating an account.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using or posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on or through the Platform and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

If a Buyer or Seller issue arises, we may consider a variety of factors, including specific circumstances regarding the issue, or a User’s performance history, in applying our policies. The foregoing does not limit our right to refuse, modify, or terminate all or part of our services to anyone, or to terminate the Terms of Service with any User, for any reason in our sole discretion.

19. USER CONTRIBUTIONS

The Platform may contain Interactive Services that allow Users to post User Contributions on or through the Platform.

All User Contributions must comply with these Terms of Service including the Content Standards set out in these Terms of Service. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the license and right worldwide and in perpetuity to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, including, but not limited to, related to or arising out of the Platform or the services provided, our enforcement of the Terms of Service and/or legal compliance, or your use of the Platform.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, and to otherwise meet your obligations under this Terms of Service;
• all of your User Contributions do and will comply with these Terms of Service and the law; and
• use of any of your User Contributions will comply with the Content Standards set out in these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to you, or any third party, for the content or accuracy of any User Contributions posted by you or any other User of the Platform. We may offer product data (including images, descriptions and specifications) that are provided by third parties (including Company Users). You may use that content solely in your Platform listings. Company may modify or revoke that permission at any time in our sole discretion. The product data may include copyrighted, trademarked and other proprietary materials. You agree not to create any derivative works based on that data (other than by including the data in your listings). We try to offer reliable product data but cannot promise that the content provided through the Platform will always be available, accurate, complete, and up-to-date. You agree that Company is not responsible for examining or warranting the listings or content provided by third parties through our Platform, and that you will not attempt to hold us or our data providers liable for inaccuracies.

20. CONTENT STANDARDS

These “Content Standards” apply to all User Contributions and use of the Platform and related services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
• promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
• violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy;
• promote any illegal activity, or advocate, promote or assist any unlawful act;
• cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
• be likely to deceive any person or impersonate any person or misrepresent your identity or affiliation with any person or organization; or
• involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, except for Sellers and pursuant to the intended purposes and functionality of the Platform (such as the sale and re-sale of NFTs).

21. NFT AND CONTENT LISTING STANDARDS

When listing an NFT and related Content for sale or license on the Platform, you agree to comply with Company’s Listing Standards, set forth below:

• You assume full legal and financial responsibility for the NFT and related Content offered and the accuracy, legal compliance, and content included with the listing and for the terms of sale, license and offer language, and smart contracts used.
• You represent, covenant, and warrant that you own or lawfully possess all the intellectual property rights, use of name/likeness, copyright, moral rights, trademark, and all other rights in the NFT and related Content listed for sale such that you are in full legal compliance worldwide and not infringing on third party rights of any kind.
• You represent, covenant, and warrant that the offer or sale or use of your NFT and related Content does not constitute a violation of applicable law such as security laws, and that such offer, sale, or use does not constitute an offer, sale or use of securities, a lottery, gambling enterprise, or a deceptive, unfair, or illegal business practice.
• Your listing may not be immediately searchable by keyword or category for several hours (or days in some circumstances). Company does not guarantee exact listing duration.
• Your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or Company, in its sole discretion.
• Content that violates any Company policies may be modified, obfuscated or removed at our sole discretion.
• We may revise product data associated with listings to supplement, remove, or correct information.
• You agree not to market, sell, offer for sale, or otherwise engage in transactions related to child pornography.
• We strive to create a Platform where Buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
  • Buyer’s location, search query, browsing site, and history;
  • item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the User query;
  • Seller’s history, including listing practices, Seller ratings, Company policy compliance, feedback, and defect rate; and
  • number of listings matching the Buyer’s query.
• To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the Buyer.
• Some advanced listing upgrades will only be visible on some portions of the Platform.
• Duplicate listings may also affect whether your listing appears in search results.
• Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
• We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results may vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other Users such as Sellers.
• For NFTs listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, Company may require the use of certain payment methods. For example, for inventory covered by authentication services, Buyer and Sellers may be subject to escrow and/or payment handling requirements.
• To the extent that Seller undertakes to guarantee the authenticity of any item or NFT on the Platform, such guarantee will be conspicuously displayed and shall be described in additional terms attached or linked to the subject item or NFT.

You will not sell and will promptly remove all listings for any product if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency applicable to you. Company has no responsibility or liability for the legitimacy, validity, existence, of any product that is listed or sold through the Platform.

22. PURCHASE STANDARDS

When purchasing an item for sale on the Platform, you agree to comply with Company’s purchase standards for Buyers, set forth below:

• You are responsible for reading the full item listing before making a bid or committing to buy and you are fully responsible for legal compliance and paying any applicable taxes.
• You enter into a legally binding contract to purchase an item when you commit to buy an item for buy-now listings, or you have the winning bid (or your bid is otherwise accepted) for auction listings.
• We do not transfer legal ownership or license of NFTs from the Seller to you. Legal transfer or license is affected by the Seller.
• You are authorized and in compliance with applicable law and all agreements (e.g. cardholder agreements) to use the financial method of purchase including for example, the credit or debit card used and/or the crypto and wallet used.
• California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2) as applicable apply to the transfer of ownership between the Buyer and the Seller, unless the Buyer and the Seller agree otherwise.

23. RELIANCE ON INFORMATION POSTED

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. We do not warrant that product descriptions or other content on the Platform are accurate, authentic, complete, reliable, current or error-free. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other User of the Platform, or by anyone who may be informed of any of its contents.

The Platform may include, or link to, content provided by third -parties, including materials provided by other Users, third-party licensors, syndicators, or aggregators. All statements and/or opinions expressed in such materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

24. CHANGES TO THE PLATFORM

We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. We reserve the right to withdraw, take down, or amend the Platform, and any service or functionality, including smart contract functionality, we provide on the Platform, in our sole discretion without notice. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material. In the event of a change in the operation of the Platform, you agree we may temporarily or permanently suspend our operations without liability to you.

25. DATA PRIVACY

Our performance under these Terms of Service, including in facilitating processing of payments, entails the processing of your personal data when a sale happens. With respect to such data processing, you and the payment method or financial account each act as a separate data controller/business under applicable data protection laws (which may without limitation include, the General Data Protection Regulation, the California Consumer Privacy Act, or other data protection laws to which you are subject). You agree to: comply with your obligations as a data controller/business pursuant to the applicable data protection laws, and provide us with all such reasonable cooperation, information, and assistance as necessary for us to meet our requirements as a data controller/business.

26. ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions (“Additional Terms”) may apply to specific portions, services or features of the Platform provided by the Company or third-parties, including any consumer offers or sweepstakes made available through the Platform, either alone or in conjunction with the functionality provided by us. The use of such services or features shall be governed by the Additional Terms associated with them, and all such Additional Terms are hereby incorporated by this reference into these Terms of Service. We accept no liability or responsibility for any third-party functionality or any of our open- source functionality that has been modified by third parties.

27. LINKING TO THE PLATFORM

You may link to the Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. The Platform may provide certain features that enable you to: link from your own or certain third-party websites or platforms (“Other Platforms”) to certain content on the Platform; or cause limited portions of content on the Platform to be displayed or appear to be displayed on Other Platforms. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• establish a link from any Other Platform that is not owned by you;
• otherwise take any action with respect to the materials on the Platform that is inconsistent with any other provision of these Terms of Service.

The Other Platform from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

28. LINKS FROM THE PLATFORM

The Platform may contain links to other sites and resources provided by third-parties, such as in advertisements and sponsored links. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party site.

29. DISCLAIMER OF WARRANTIES

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, HACKS, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR NFTS OBTAINED THROUGH THE PLATFORM, ANY THIRD-PARTY LINKS ACCESSED THROUGH OR IN CONJUNCTION WITH THE PLATFORM, OR ON ANY OTHER PLATFORM LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR NFTS OBTAINED THROUGH THE PLATFORM (INCLUDING NFTS) IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR NFTS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM OR NFTS.

NFTS ARE INTANGIBLE ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN TECHNOLOGY. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE NFT OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN TECHNOLOGY. WE DO NOT GUARANTEE THAT THE COMPANY OR ANY COMPANY PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR COMPATABILITY WITH ANY WALLETS OR BLOCKCHAINS.

THE COMPANY IS NOT RESPONSIBLE FOR SUSTAINED CASUALTIES 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. THE COMPANY IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING NFTS INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

30. LIMITATION ON LIABILITY

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS OR DIRECTORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR SALE OR PURCHASE, USE, OR INABILITY TO USE, THE PLATFORM, ANY OTHER SITES, SERVERS, OR APPS LINKED TO IT, ANY SMART CONTRACTS OR DISTRIBUTED APPLICATIONS EXISTING ON OR CONNECTING TO THE PLATFORM, ANY LOSS OF FUNDS OR COLLATERAL, ANY CONTENT ON THE PLATFORM OR ANY SERVICES OR NFTS OBTAINED THROUGH THE PLATFORM, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGES, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PLATFORM OR ITS CONTENTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY (INCLUDING ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS AND DIRECTORS) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF SERVICE, THE PLATFORM, THE SERVICES, NFTS, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE PLATFORM EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS YOU HAVE ACTUALLY AND LAWFULLY PAID US UNDER THESE TERMS OF SERVICE IN THE TWO (2) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. FURTHERMORE, COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES DONE TO ANY PHYSICAL GOODS, INCLUDING, BUT NOT LIMITED TO ART, BY THE PLACEMENT OF AN NFC TAG OR ANY OTHER IDENTIFICATION MATERIAL ON, OR THE PRESENCE, USE, REMOVAL, MAINTENANCE, OR MALFUNCTION OF AN NFC TAG OTHER IDENTIFICATION MATERIAL ON ANY PHYSICAL GOODS, INCLUDING, BUT NOT LIMITED TO ART.

31. INDEMNIFICATION

You agree to pay the costs of defense, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective owners, officers, directors, employees, contractors, agents, licensors, successors and assigns, from and against any claims, liabilities, damages, judgments, losses, costs, debts and fees (including reasonable attorneys’ fees) arising out of or relating to: your violation of any User right or third-party right; your provision of false or misleading information; your violation of any law or regulation; your violation of the Terms of Service or Privacy Policy; your breach of any representation or warranty; your negligent or willful misconduct; or your use of or access to the Platform or related payment systems and wallet, including, but not limited to, your Holistic Materials, Content, and User Contributions, or any use of the Platform other than as expressly authorized in these Terms of Service, or your use of NFTs or information obtained from or arising out of the Platform.

If you have a dispute with one or more Users, you release Company (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. You expressly waive the provisions of California Civil Code Section 1542, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

32. DATA PRESERVATION AND COOPERATION.

You shall maintain records related to the Platform, including, but not limited to data regarding User Contributions, rights clearances, Users and financial data, and shall provide such information to and cooperate with Company upon request as reasonably necessary for, including, but no limited to, due diligence, investigation into Platform conduct, litigation, governmental compliance and financial reporting.

33. USE/EXPORT OUTSIDE UNITED STATES.

Company expressly disclaims any representation or warranty that the Service complies with all applicable laws and regulations outside of the United States. If you use the Service outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Service. No software for the Platform may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, or (2) listed on any U.S. government list of prohibited or restricted parties.

34. DISPUTE RESOLUTION/GOVERNING LAW

All matters relating to the Platform and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule whether of the State of California or any other jurisdiction.

35. ARBITRATION

Before bringing a formal legal case, please first try contacting us using the contact information located under “Your Comments and Concerns” below. If we can’t resolve our dispute amicably, you and the Company agree to resolve any claims through arbitration in accordance with this Section, regardless of the type of claim or legal theory.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Platform shall be brought exclusively in California, in each case located in the County of San Francisco, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. We reserve the right to intervene in any action between Users related to or arising out of use of the Platform or NFTS sold or related transactions.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THE TERMS OF SERVICE), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY JAMS before a retired judge in San Francisco, California under the applicable JAMS arbitration rules and will be administered by the before a single retired judge. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitration is subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section shall be deemed to prohibit us from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve ours or our licensors’ rights in and to intellectual property or confidential information.

IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM(S).

If a Buyer or the owner of a payment instrument initiates a return, cancellation, direct debit reversal, Buyer protection claim, or otherwise asks their financial institution to open a payment dispute (all referred to solely within this paragraph as “Dispute”) in connection with a transaction, you agree that we may investigate and, at our discretion, re-present the Dispute with the payment method providers. You agree to provide timely information to assist in our Dispute investigations and understand that your failure to provide requested information on the timeline we require and as specified by credit and debit card networks’ and other payment service providers’ rules could adversely impact the outcome of an investigation, including forfeiture of the amounts in dispute. You will not contest the resolution of any Dispute that we investigate and/or re-present, nor will you re-open resolved Dispute investigations. You authorize us to pay on your behalf any amounts resulting from a Dispute, including costs and fees associated with re-presentment.

In no event will the terms of this Section or any other provision of these Terms of Service (including the Privacy Policy or any Additional Terms) limit the Company’s ability to investigate complaints or reported violations by you or any third party of these Terms of Service or applicable law or to take any action the Company deems necessary and appropriate to mitigate actions against the Company, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.

36. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

37. WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

38. ENTIRE AGREEMENT

The Terms of Service, the Privacy Policy, pricing lists, any White Label Agreement entered into between the parties, and any applicable terms governing the use of third-party functionality or additional functionality provided by the Company, constitute the sole and entire agreement between you and the Company with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

39. ASSIGNMENT

At our sole discretion, we may assign our rights and obligations under this Terms of Service. In cases of such assignment, we will notify you accordingly. You may not assign your rights or obligations, including, but not limited to Buyer or Seller accounts, without our express written permission.

40. FORCE MAJEURE

We will not be liable or responsible to the you, nor be deemed to have defaulted under or breached these Terms of Service, for any failure or delay in performance, when and to the extent such failure or delay is caused by or results from force majeure events (“Force Majeure Event”), including but not limited to: acts of God, flood, fire, epidemics, pandemics, natural disasters, explosion, war, hostilities, civil unrest, government action, industrial disturbances, shortage of adequate Internet connectivity, telecommunication or utilities breakdown, and other similar events beyond our control. If we suffer a Force Majeure Event, we will use reasonable efforts to promptly notify you of such, stating the period of time the occurrence is expected to continue. We will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. We will resume the performance of our obligations as soon as reasonably practicable after the removal of the cause. In the event that our failure or delay remains uncured for a period of forty-five (45) consecutive days following written notice given by us under this section, we may thereafter terminate these Terms of Service upon fifteen (15) days’ written notice.

41. TERMINATION

This Terms of Service is effective indefinitely, unless terminated in accordance with the below. We may terminate this Terms of Service by giving written notice fourteen (14) days prior via email to your registered email address. For Sellers Plus, the written notice period is increased to sixty (60) days if, in the prior calendar month, such Seller Plus had over Two Hundred Fifty Thousand dollars ($250,000 US) in NFT sales volume and to One Hundred Eighty (180) days if, in the prior calendar month, such Seller Plus had over Five Hundred Thousand dollars ($500,000 US) in NFT sales volume. However, we may also terminate this Terms of Service on less notice or with immediate effect in the following scenarios: We are required to do so by law or a court order; a governmental authority requires us to do so to comply with anti- money laundering or counter-terrorism financing obligations; we have reasonable grounds to believe you are carrying out a prohibited or illegal activity; we are unable to verify your or your business’s identity, or any other information regarding your account; or you are otherwise in breach of a material contractual obligation, or seriously or persistently violating any provisions of these terms in any other way. You may terminate this Terms of Service by closing your account. Termination of this Terms of Service shall not affect the rights or liabilities of either party accrued until termination and/or any terms intended (expressly or implicitly) to survive termination. If there are pending payment transactions at the time the termination takes effect, they will be processed pursuant to these terms unless prohibited by law. As of the effective date of the termination, you will not be able to list any NFTs on Platform anymore.

42. DIGITAL MILLENNIUM COPYRIGHT ACT

DMCA Notice: We strive to comply with the Digital Millennium Copyright Act of 1998, as amended (“DMCA”), at all times and maintain a repeat offender policy which may result in the termination of your right to use the Platform if you violate such policy. If you believe that your work has been copied, posted or otherwise made available through the Platform in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent of your complaint, as set forth in the DMCA. Please consult the DMCA to confirm these requirements. You must provide our DMCA Copyright Agent with the following information in writing, to the extent required by the DMCA: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed (or, if multiple copyrighted works on a site are covered by a single complaint, a representative list of the allegedly infringing works on the site); (c) identification of the material that is claimed to be infringing and to be removed, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice and complaint is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please be aware that the foregoing information in your complaint may be forwarded to the person who provided the allegedly infringing content. The foregoing information must be submitted to the Company’s DMCA Copyright Agent as follows: 3250 NE 1st Avenue, Miami, FL 33137 Attn. DMCA Agent Email: DMCA@infiniteworld.com. Any DMCA counternotice(s) shall be submitted consistent with the DMCA statute to the contact information above.

Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you believe that your material has been mistakenly removed or disabled pursuant to this Section 17, you may submit a counter notice by notifying our DMCA Copyright Agent at the address provided above. Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

43. YOUR COMMENTS AND CONCERNS

The Platform is operated by Infinite Assets, Inc., a Delaware corporation, with offices at 3250 NE 1st Avenue, Miami, FL 33137

All feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: support@goinfinite.io

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

NFT Owner Content License (“NOCL”)

1. Definitions

“Art” means any art, design, audio, video, media of any kind, AR/VR/XR, text, access to services, access to goods, and drawings that may be associated with, through hash, link, or otherwise, with an NFT that you Own. ”NFT” means any distributed ledger-tracked, non-fungible token, such as those conforming to the ERC-721 standard or similar to it. “Own” means, with respect to an NFT, an NFT that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain or its equivalent. “Purchased NFT” means an NFT that you Own. “Third Party IP” means any third-party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, use of likeness, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.

2. Ownership

The Buyer (also referred herein as “You” or “you”) acknowledge and agree that Seller (or, as applicable, its licensors) Owns all legal right, title and interest in and to the Art, and all intellectual property rights therein. The rights that you have in and to the Art are limited to those described in this License. Seller reserves all rights in and to the Art not expressly granted to you in this License.

3. License

• General Use. Subject to Buyer’s continued compliance with the terms of this License, Seller (“Seller” herein shall refer to the original Seller/Seller Plus) grants you a worldwide, non- exclusive, non-transferable, royalty- free license to use, copy, and display the Art for your Purchased NFTs solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a Platform that permits the purchase and sale of your NFTs, provided that the Platform cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFTs to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your NFTs, provided that the website/application cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFTs to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased NFT leaves the website/application. b. Commercial Use. You have no license or rights to make commercial use of the Art.
• Commercial Use. Buyer has no license or rights to make commercial use of the Art associated with the NFT.
• Changes by Seller After Sale. After an NFT is purchased via the NFT Store, Seller may, but shall have no obligation to, add additional Art associated with the NFT and/or modify the Art associated with the NFT to, among other things, improve the NFT to enhance the NFT experience. Any person buying an NFT on the NFT Store expressly acknowledges and agrees that the Art associated with the NFT is subject to such future modification.

4. Restrictions

You agree that you may not, nor permit any third party to do or attempt to do any of the following: (i) modify the Art for your Purchased NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (ii) use the Art for your Purchased NFTs to advertise, market, or sell any third party product or service; (iii) use the Art for your Purchased NFTs in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) use the Art for your Purchased NFTs in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in Section 3(b) above or solely for your own personal, non-commercial use; (v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art for your Purchased NFTs; (vi) attempt to trademark, copyright, create derivative works, or otherwise acquire additional intellectual property rights in or to the Art for your Purchased NFTs; or (vii) otherwise utilize the Art for your Purchased NFTs for your or any third party’s commercial benefit. To the extent that Art associated with your Purchased NFTs contains Third Party IP (e.g., licensed intellectual property from a celebrity, athlete, or other public figure), you understand and agree as follows: (w) that you will not have the right to use such Third-Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; The restriction in this Section will survive the expiration or termination of this License. Seller reserves the rights to void your ability to sell the NFT if you are in breach of this agreement or if NFT was redeemed for goods or services.

5. Terms of License

The license granted above applies only to the extent that you continue to Own the applicable Purchased NFT. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Purchased NFT for any reason, the license granted in Section 3 will immediately expire with respect to those NFTs without the requirement of notice, and you will have no further rights in or to the Art for those NFTs. Any secondary transfer of the Purchased NFT and its related Art is prohibited and null and void unless done on or through the Token Tourney’s Platform or a white label version of it where the acquirer or Buyer as the case may be agrees to and takes subject to this License Agreement and evidence of the same is provided in writing through the Platform to the Seller immediately upon transfer. This license agreement is governed by California law. Exclusive jurisdiction for any and all disputes related to or arising out of this license agreement, or breaches of the same, shall be in San Francisco County state and federal courts as applicable.

These auction terms of service are entered into by and between You and Infinite Assets, Inc., a Delaware corporation, with offices at 3250 NE 1st Avenue, Miami, FL 33137. (“Token Tourney,” “Company,” “we” or “us”). The following auction terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Auction Terms”), govern your use of the auction functionality of the Platform located at tokentourney.com (the “Website”) or at a Seller Plus white label instance of the Platform (“NFT Store”) together with the Terms of Service to which these Auction Terms are attached. All Auction Participants (individually “Sellers,” “Resellers,” “Sellers Plus,” “Buyers,” “You,” and “Users”) must review and accept these Auction Terms and our Terms of Service which are incorporated herein by reference (collectively, “Terms”) before participation in any Auction on the Platform. Please read the Auction Terms carefully before you engage in an auction. By using the Platform and engaging in an auction, or by clicking to accept the Auction Terms when this option is made available to you, you agree to be bound and abide by these Auction Terms, the Terms of Service and the Privacy Policy, found at tokentourney.com/privacy, incorporated herein by reference. If you do not want to agree to these Auction Terms, the Terms of Service or the Privacy Policy, you must not access or use the auction functionality of the Platform. All information we collect on the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Auctions Overview

• The Platform facilitates two different time-based auction formats: Scheduled Auctions and Reserve Auctions. Any Seller may use the Platform to initiate a time-based Auction for the sale of one or more NFTs or NFTs such as static and interactive media (“Art”). The auction may also follow one of two bidding formats: an English auction, in which the highest bid wins at the end; or a Dutch auction, in which the price falls until someone purchases.
• Scheduled Auctions: In a Scheduled Auction, the Seller establishes a specific start and end time for an Auction to go live. Sellers may optionally include a Starting Price. As long as the Starting Price is met by an Auction Participant, the work will be sold. Works without a Starting Price will be sold to the highest bidder, no matter what the bid is. A Scheduled Auction may be cancelled prior to the start of the auction, i.e. when it is counting down to kick off. After the auction begins, it cannot be stopped, cancelled, or undone. Sellers that initiate Scheduled Auctions should be prepared to sell their works at the Starting Price, or at any price if no Starting Price is established.
• Reserve Auctions: In a Reserve Auction, an Auction for an artwork is configured to automatically go live once a bid is received equal or greater to a public Reserve Price established by the Seller. Once the Reserve Price is met, the Auction is configured to last for the time set by the Seller. The work goes to the highest bidder at the end of the Auction. Once the timed portion of a Reserve Auction has begun (i.e. after the Reserve Price is met), the auction cannot be stopped, cancelled, or undone. Sellers that initiate Reserve Auctions should be prepared to sell the work at the Reserve Price and should make absolutely sure that they entered the Reserve Price correctly. Once initiated, both Scheduled and Reserve Auctions last for a discrete window of time (between 1 hour and up to 7 days for Scheduled Auctions and approximately 24 hours for Reserve Auctions). Auction timers are not exact and only represent an approximate as to the start or end time remaining for a particular Auction. Participants should get their bids in as early as possible to ensure that they are processed by the Auction smart contract before the close of the Auction.
• Auction Fees and Royalties: Company applies the same fee structure to works sold in Auctions as other methods. A 5% transaction fee is charged to the Buyer of the work, and on primary sales a 15% commission is charged to the Seller.
• Irrevocable Bids: Bids placed during a Scheduled or Reserve Auction are irrevocable. Bids will only be returned if a higher bid is placed. Auction Participants should check every bid submitted during an Auction because an incorrect bid will be impossible to return.
• Violation of these Terms May Result in Revoked or Restricted Auction Privileges. Company reserves the unilateral right to terminate a User’s account, restrict a User’s access to the Auctions, or otherwise limit any User’s ability to use the Platform for violation of these Terms. Company has absolute and sole discretion to determine whether a User’s conduct constitutes a violation of these Terms.
• Disclaimers, Waivers, and Releases User Acknowledges the Risk of Smart Contracts and Blockchain Technology: Company Auctions utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky. Users acknowledge and agree that the Company smart contracts may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the blockchain (i.e., “forks”), which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or Art, or lost opportunities to buy or sell Art. Company assumes no liability or responsibility for any such smart contract or related failures, risks, or uncertainties.
• Users Assume the Risk of Participating in Auctions: Users hereby acknowledge and assume the risk of initiating or participating in Auctions and take full responsibility and liability for the outcome of any Auction they participate in, whether or not smart contracts, the Company Site, or other Auction participants behave as expected or intended. Users hereby represent that they are knowledgeable, experienced and sophisticated in using blockchain technology, the Company site, and in initiating blockchain- and cryptocurrency-based transactions.
• Company Makes No Representations or Warranties: Company makes no representations or warranties, express or implied, written or oral, made by or on behalf of Company in connection therewith, including any representations or warranties of title, non-infringement, functionality, merchantability, usage, security, suitability or fitness for any particular purpose, workmanship or technical quality of any Company item or work, smart contract code, or software.
• COMPANY IS NOT LIABLE FOR THE OUTCOME OF ANY AUCTION: COMPANY SHALL NOT BE LIABLE TO YOU FOR CONTRACT, TORT, OR ANY OTHER TYPES OF DAMAGES, INCLUDING INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO PARTICIPATION IN OR THE OUTCOME OF A COMPANY AUCTION OR SMART CONTRACT-ENABLED TRANSACTION, WHETHER OR NOT COMPANY HAS BEEN ADVISED OR KNEW OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S LIABILITY FOR DAMAGES UNDER THIS TERMS OF SERVICE SHALL IN ALL CASES BE LIMITED TO, AND UNDER NO CIRCUMSTANCES SHALL EXCEED, THE AMOUNT OF AUCTION PROCEEDS ACTUALLY RECEIVED BY COMPANY AS PROFIT AFTER DEDUCTING ALL COSTS, FEES AND LIABILITIES INCURRED BY OR ON BEHALF OF COMPANY.
• Company May Modify these Terms: Company reserves, the right, in its sole and absolute discretion, to amend, modify, alter or supplement these Terms and the smart contracts accessible through the Company Site from time to time.

• If you have opted to become a “Seller Plus,” then for additional fees and costs provided to you at point of sale, you have chosen to create an NFT Store. All terms applicable to the Platform in the Terms of Service and Privacy Policy are equally applicable to you and any and all Users of any NFT Store.
• Company will provide functionality for Seller Plus to upload and provide for User click-through on Seller Plus’ supplemental terms of sale and/or license of NFTs and privacy policy, provided that
  • such agreement and policy terms are supplemental to and not in conflict with Token Tourney’s Terms of Service and Privacy Policy; and
  • are approved by Token Tourney in advance of posting.
• Subject to the Terms of Service and timely payment of the additional fees and costs, Company will create and host an NFT Store, programmatically segregated from every other brand on the Platform, including your branding, color scheme, style, logo, and domain name, as determined acceptable by Company in its sole discretion. Company will consider implementing, in Company’s sole discretion, Seller Plus’ design and customization requests, for which Company reserves the right to charge an additional fee.
• By agreeing to join the Seller Plus program you represent and warrant that you tested and used the Platform and are satisfied with its features and functionality and accept it subject to the Terms of Service, including, for example, the Disclaimer of Warranties.
• The functionality and features of the NFT Store may change over time and additional functionality and features may be provided at additional cost to you, provided that you will have the option to decline such functionality and features that carry and additional cost.
• Company agrees to not place advertising on the NFT Store unless Seller Plus agrees in writing or otherwise signs up for an affiliate program.
• Company and Seller Plus agree that Seller Plus owns its customer list and related ecommerce data arising out of the NFT Store, subject to a license to Company to use customer data to operate the Platform, including, but not limited to performing services, running Platform security, such as anti-hacking, performing KYC checks, etc. In the event both parties independently acquire the same customer, then each Party shall own such customer data. Company will provide Seller Plus access to data regarding Users of its NFT Store, subject to the data and reporting made available to Seller’s Plus through the Platform API or on a Seller Plus’ console, in Company’s discretion, subject to Token Tourney’s Privacy Policy and the Terms of Service. Upon request, Company will provide Seller Plus with a list of the information available through API GET commands.
• Company reserves the right, in its sole discretion, to include a designation, “Powered by Token Tourney” or such other designation that Company may choose, on and within an NFT Store, including, but not limited to its use, location and style. Company will consider implementing, in Company’s sole discretion, Seller Plus’s design and customization requests, for which Company reserves the right to charge an additional fee.
• Company shall host and provide back-up administration and support services for the NFT Store and assist you with the creation of additional webpages or customization, subject to Company’s sole discretion and additional fees for engineering, design, customization and support requests. Additional support may include customer service support to be provided by Company at your request for additional fees, which Company may or may not agree to provide in its sole discretion.
• Unless otherwise expressly permitted by Company in writing, in any marketing or public relations announcement by Seller Plus or its third-party marketing partners (including, for illustration but not limitation, sponsored social media posts by social media influencers) pertaining to the Platform , or on any public-facing website of Seller Plus’ making reference to the Platform or Hedera Hashgraph, Seller Plus shall identify, and shall cause its third-party marketing partners to identify, the Platform as “Powered by Token Tourney” or such other designation that Company may provide in its sole discretion.