Last Modified: March 9, 2022
The use of any and all Nfthud (“Nfthud”) website(s), product(s), platform(s) (the “Website”) and services (“Services”) provided by Nfthud are subject to the following terms & conditions (the “Terms & Conditions”), all parts, and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern any and all use of the Website and/or Services.
“Parties” and “Party”: the parties to this Agreement (e.g. Nfthud and you) may be collectively be referred to as the Parties and individually referred to as a Party.
“Third-Party Services” are services that are not provided by Nfthud but that you may access or use in connection with the Website and/or Services. They include the NFT platforms which are the sites accessed by Website and Services (such as OpenSea).
“User”, “you”and “your” denotes the person who is accessing and/or utilizing the Website and/or the Services, including but not limited to the company, partnership, individual(s), body corporate, association, and/or entity accessing and/or utilizing such Website and/or the Services.
“We”, “us”and “our” are references to Nfthud.
”Website”shall include nfthud.io and any successor website, product, and/or platform of Nfthud and/or any of its affiliates.
2) ACCEPTANCE OF TERMS
FOR EXAMPLE, THE TERMS INCLUDE, BUT ARE NOT LIMITED TO:
YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
LIMITATIONS OF OUR LIABILITY TO YOU; AND,
A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
OUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR SERVICES IS CONDITIONED ON YOUR COMPLETE ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS.
This Agreement may be updated from time to time in accordance with Section 19 below.
3) GENERAL CONDITIONS TO USE OF THE WEBSITE AND/OR SERVICE
a) The Website and/or Service may include or make available for use various features, functionality, tools, information, and other content offered by Nfthud and/or third parties, including, but not limited to third-party market information, content, and/or commentary, Third-Party Services, chat rooms, other forums, a ranking system for generative art and collectible NFTs by rarity, collection, and/or other criteria (collectively, the “Features”).
b) Your use of the Website, Services, and/or Features is for self-directed use only. The Features, including any content therein, are for informational and educational purposes only, are not an investment recommendation, and should not be relied upon in making a decision to buy or sell a NFT, security of any kind, or pursue any particular investment strategy.
c) Nfthud makes no representation that Third-Party Services, the Services, Website, Features, and/or materials or content available through the Website and/or Services are accurate, complete, valid, timely, and/or appropriate or available for use in any specific jurisdiction and/or location, and access to them from territories where such content is illegal is prohibited. You are solely responsible for compliance with any and all local laws.
d) Our Website, Platform, Services, and/or Features evolve constantly. Nfthud expressly reserves the right to discontinue or suspend (permanently or temporarily) the Website, Platform, Services and/or any Features for any reason in our sole discretion, without prior notice to you.
e) Our Website, Platform, Services, and/or Features interact with Providers (as defined below) and third parties and depend on the availability of those parties and the features and functionality they make available to us, which we do not control and may change without notice. If at any time such third party stops making some or all of its features and/or functionality available to us, or available to us on reasonable terms as determined by Nfthud in its sole discretion, we may stop providing access to those features and/or functionality and we will not be liable to you or any third party for any such change.
f) If you access or purchase a third-party service through the Website, Platform, and/or Services, you do so at your own risk. Your relationship with such third-party is an agreement between you and them. You specifically understand that we are not responsible for third-party services and will not be liable to you or any third party for any losses or damages resulting from your use of such third-party services. Furthermore, if you access or enable a third-party service, you may be granting them permission to access or otherwise process your data. We are not responsible for disclosure, use, change to or deletion of your data and will not be liable to you or any third party for access to your data by a third-party service.
Nfthud is the owner and/or licensee of all rights, including, but not limited to, all copyright, trademarks, software, application programming interfaces, user documentation, reference documentation, content, and other intellectual property rights and any derivative works and enhancements thereof relating to or included within the Website, Platform, and/or in connection with the Services (“Rights”). For the avoidance of doubt, and to the greatest extent permitted at law, the Rights include without limitation all rights in respect of all graphics, logos, text, images, sounds, and all other elements included in and deriving from the Website, Platform, and/or in connection with the Services.
5) LIMITED LICENSE
Subject to your compliance with the terms of this Agreement, Nfthud grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and/or Services on your own computing devices for your personal, non-commercial use (the “License”). No other use of the Website and/or Services is permitted without our prior written consent. Any contravention by you of this Agreement or any behavior which Nfthud deems in its sole discretion is not in keeping with the intended spirit of the Website and/or Services immediately terminates the License, or such aspect of the License as Nfthud may otherwise provide you notice of, and Nfthud reserves the right to deny you access to the Website and/or Services. Termination of the License, or any aspect of the License, by Nfthud may, without limitation, also result in the taking of further actions. Nfthud protects its rights, title, and interest in the Rights to the fullest extent of any and all applicable law(s), and reserves all rights not expressly granted to you in this License.
6) FURTHER RESTRICTIONS AND LIMITATIONS
You may not use, copy, alter, adapt, modify, reproduce, display, distribute, transmit, broadcast, sell, license, publish, rent, lease, sublicense, transfer, translate, reverse engineer, decompile, disassemble, create derivative works based on, or otherwise exploit the Website, Platform, and/or Services for any purpose whatsoever. You may not republish the Website, Platform, and/or Services, or incorporate the Website, Platform, and/or Services, or any portion thereof, in any database, compilation, archive or cache. You may not copy, alter, adapt, modify, reproduce, display, or distribute any of the Website, Platform, and/or Services content or any data extracted using the Website, Platform, and/or Services to others, whether or not for payment or other consideration, without our express prior written consent. You may not remove, alter or obscure any trademark, copyright, legal or proprietary notice in or on any portion of the Website, Platform, and/or Services. You may not circumvent, disable or otherwise interfere with security related features of the Website, Platform, and/or Services or features that prevent or restrict use or copying of the Website, Platform, and/or Services or enforce limitations on use of the Website, Platform, and/or Services. You may not monetize any portion of the Website, Platform, and/or Services or use them for any commercial or non-personal purpose. You may not engage in any data mining of personal information. You may not use the Website, Platform, and/or Services to do anything designed to disrupt, damage or limit the functioning of the Website, Platform, and/or Services or any other software, hardware or system of Nfthud and/or its affiliates. You may not use the Website, Platform, and/or Services with any software or program that may contain viruses, Trojan horses, worms, time bombs, bots or any other computer code or files that are designed to disrupt, damage or limit the functioning of the Website, Platform, and/or Services. You may not use the Website, Platform, and/or Services in any way that results in or reasonably could result in any security or data breach with respect to us, or any of our affiliates, or a violation of any applicable law or regulation. And you may not allow or assist any third party (whether or not for your benefit) to do anything that would violate the terms of the License and/or this Agreement. Notwithstanding the above, the terms of the License and/or this Agreement should not be read to prohibit rights granted by licenses that control the open-source components included with the Website, Platform, and/or Services, if any.
You will not, in whole or in part, or under any circumstances: utilize any automated software or ‘bots’ in relation to Your access or use of the Website, Platform, and/or Services; connect to the Nfthud servers through any software other than the authorized software and/or access points; use any data gathering and extraction tools or software to extract information from the Website, Platform, and/or Services or utilize framing techniques to enclose any of the contents of the Website, Platform, and/or Services; create, utilize, or transact in exploiting a design flaw, undocumented problem, or program bug in the Website, Platform, and/or Services; attempt to sell, sublicense, rent, lease, grant a security interest in, or otherwise transfer any copy or component of the Website, Platform, and/or Services or component thereof in any way not expressly authorized under this Agreement; engage in any conduct intended to disrupt the experience for other users, or disrupt the operation of the Website, Platform, and/or Services in any way; post unauthorized commercial communications (such as spam); bully, intimidate, or harass any user; post content that is hate speech, threatening, or pornographic; use the Website, Platform, and/or Services to do anything unlawful, misleading, malicious, or discriminatory; facilitate or encourage any violations of this Agreement and/or Nfthud policies; post content or take any action that infringes or violates someone else’s rights or otherwise violates the law; use the Nfthud name, logo, trademark, or branding without our prior written consent; access, tamper with, or use non-public areas of the Website, Platform, and/or Services, Nfthud systems, and/or Nfthud’s technical providers’ systems; create and/or display ads that look like or could be confused with Nfthud content and/or affiliated with Nfthud; utilize the Website, Platform, and/or Services to conduct and/or further spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails; and/or use the Website, Platform, and/or Services for any unlawful purpose, including, but not limited to, perpetrate any fraud, engage in or create any unlawful gambling, sweepstakes, and/or pyramid scheme.
7) PAYMENT TERMS
All purchases of products, services, and/or access to the Website, Platform, and/or Services from Nfthud are final and non-refundable. By purchasing any product, access, and/or service from Nfthud, you represent and warrant that you have the authority and right to use the payment method selected by you and make such purchase. Nfthud expressly reserves the right to close any account with unauthorized charges. Subscription to our Website, Platform, and/or Services are for a fixed, thirty (30) day term and your access to the Website, Platform, and/or Services shall immediately terminate upon expiration of such period unless and until you pay for an additional term. Prices are subject to change on a prospective basis after the expiration of the then-current thirty (30) day term. We do not support all payment methods, currencies, or locations for payment and currently only accept payment via Ethereum. We reserve the right to change acceptable payment methods in our sole discretion.
8) USER CONTENT
a) The Website permits you to share content, post comments, feedback, and provide other communications (“User Content”), but you are solely responsible and liable for the User Content posted by you and the consequences of submitting and publishing such User Content. You represent that you have required permission to use and publish the User Content and you hereby license to Nfthud all patent, trademark, trade secret, copyright, and/or other proprietary rights in and to such User Content for publication pursuant to this Agreement.
b) You hereby grant Nfthud a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute the User Content You post to the Website, Platform, and/or in connection with the Services. Nothing in this Agreement shall restrict other legal rights Nfthud may have to User Content, for example under other licenses. Nfthud reserves the right to remove or modify User Content for any reason, including User Content that Nfthud believes violates this Agreement and/or Nfthud policies.
c) Chat areas, forums, discord channels, and other similar communication features available in the Website, Platform, and/or in connection with the Services (collectively, “Discussion Channels ”) are considered public and any communications will be visible by third parties and considered not confidential. Your dealings or communications with any other user of the Discussion Channels are solely between you and that third party. The content and materials posted to the Discussion Channels is for informational and educational purposes only. Any content posted to the Discussion Channels is not an investment recommendation or advice and should not be relied upon in making the decision to buy or sell a security, NFT, or pursue a particular investment strategy. We do not verify or guarantee the accuracy of the material posted to the Discussion Channels or bear any responsibility for any loss, damage, or other liabilities caused by any posted message. We have no control over how other users of the Discussion Channels will use the information you post or otherwise make available on the Discussion Channels.
d) When posting content to the Website, Platform, and/or in connection with the Services, you may not post content that:
Violates this Agreement;
contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial, or religious nature;
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains exaggeration or unsubstantiated claims;
violates the rights of any third party, is unreasonably harmful or offensive to any individual, entity, and/or community;
iscriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, disability, and/or refers to such matters in any manner prohibited by law;
violates or inappropriately encourages the violation of any municipal, state, federal, and/or international law, rule, regulation, and/or ordinance;
is fraudulent and/or advances a fraudulent purpose;
advertises or promotes any person or entity or their goods or services without the prior written approval of Nfthud; and/or,
sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
Any content that includes, but is not limited to the following, will be refused. If repeated violations occur, we reserve the right to cancel access to the website without advanced notice.
9) WEBSITE, PRODUCT, PLATFORM, AND/OR SERVICES CONTENT
While Nfthud has endeavored to take all reasonable and appropriate care in the preparation of the content of the Website, Platform, and/or in connection with the Services and has no reason to believe that any information contained in Website, Platform, and/or in connection with the Services is inaccurate, Nfthud does not warrant the accuracy, adequacy, timeliness, and/or completeness of any information contained in any of the Website, Platform, and/or in connection with the Services and that such information is error free. To the greatest extent permitted by law, Nfthud does not accept liability for any loss or damage which may result either directly or indirectly from reliance by You upon the accuracy or currency of information contained in any of the Website, Platform, and/or in connection with the Services, including without limitation where such loss or damage is a result of or contributed to by the negligence of Nfthud.
Certain information and research available by and through the Website, Platform, and/or in connection with the Services, including but not limited to market data, tools, analysis, services, and commentary (“Information”), is provided by third parties (“Providers”) (ex. OpenSea) and made available by us for general reference and education purposes only. All Providers are separate from and not affiliated with Nfrhud. Nfthud has not involved itself in the preparation of the information, and does not explicitly or implicitly endorse or approve the information. Information is protected by copyright and subject to the Providers’ terms of usage. The Providers reserve all rights to their provided Information. The availability of the Information does not constitute a solicitation or offer to buy or sell any investment product. We and the Providers do not guarantee the accuracy of the information and data provided; Information, and specifically market data, is delayed. The Providers will not be liable for any loss due either to their negligence or to any cause beyond their reasonable control.
Historical data and projections are also provided by Providers. The Information may include crowdsourced information and data analysis and/or estimates from public information, Providers, and independent and amateur analysts. You should consider all available sources of information available before making an independent investment decision and/or purchase.
Information for products and/or NFT’s that trade on multiple exchanges, platforms, and/or brokers may not be reflective of trading in all markets. Information for all NFTs and/or collections may not be available as they may have limited historical information and/or not be electronically linked through Providers and/or otherwise.
Commentary or analysis regarding financial matters and/or Information is provided by named third parties (if any) and may contain forward-looking statements. We and the Providers are not responsible for the quality or suitability of this information
10) THIRD-PARTY LINKS & CONTENT
Nfthud may provide third party content, embed third party content, API call third party data, and/or provide links to third-party websites, content, and/or other services (“Third Party Content”). You agree that we are not responsible for any loss or damage caused because of your use of any Third Party Content linked to or from the Website, Platform, and/or in connection with the Services. Third Party Content is provided for convenience only and may not remain current or be maintained. Nfthud is not responsible for the content or privacy practices associated with the Third Party Content. Third Party Content should not be regarded as approval or as an endorsement of such Third Party Content, their operators or owners, or of any information, graphics, materials, products or services referred to or contained on that Third Party Content, including further links contained on or in such Third Party Content, unless and to the extent stipulated to the contrary in this Agreement.
11) INTELLECTUAL PROPERTY
You agree that the Website, Platform, and/or Services provided by us are the property of Nfthud, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose or in violation of this Agreement. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us. Nfthud respects intellectual property rights and has created a copyright policy in accordance with the Digital Millennium Copyright Act. To report a claim of copyright infringement, please visit our intellectual property infringement page at app.nfthud.io/dmca-policy and fill out the form. If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
12) ACCOUNT CREATION
To acquire or make use of any portion of the Website, Platform, and/or Services You are required to register for a Nfthud account, through use of your cryptocurrency wallet identification or otherwise, (“Account”). By registering for an Account or by using any of the Website, Platform, and/or Services in any capacity, You represent and warrant the following: (i) all information and personal details You provide to Nfthud is correct; (ii) You are aware that the Website, Platform, and/or Services may contain adult or other sensitive content; (iii) You are over eighteen (18) years of age; (iv) You understand and agree to this Agreement and will comply with all the terms, obligations, and duties set forth herein; and (v) You will never allow any other person or entity to use Your account. You must keep all password and login information associated with Your Account confidential and not disclose such information to any third party or allow a third-party access to Your Account. You will be solely responsible for all activities undertaken and/or costs incurred under the use of Your password and login. You must notify Nfthud immediately if You know or suspect that Your Account has been accessed by a third party or Your login or password details have been, or may have been, obtained by a third party. Nfthud reserves the right, acting at its sole discretion, to refuse to accept Your registration request for an Account. To the greatest extent permitted by law, Nfthud also reserves the right, acting at its sole discretion, at any time to cancel Your registration and access to Your Account or to restrict, limit or otherwise change Your existing rights of access to Your Account, or any specific feature or benefit afforded to You in relation to Your Account, including without limitation in respect of any awards, if it believes You have breached this Agreement or any other agreements You may have with Nfthud or for any other reason whatsoever. In such event You agree that Nfthud will not be required to provide You with prior notice or explanation in respect of such action. Notwithstanding the cancellation of access to Your Account in any case, You agree You will remain fully liable for any outstanding liability owed to Nfthud. Nfthud may also, where it believes such action is necessary, without notice block IP addresses of any users who have breached the Agreement.
This section does not apply to personally identifiable information that you provide to Nfthud. Nfthud is committed to safeguarding your privacy. Please visit privacy to review our most recent privacy statement, which also governs your use of the Website, Platform, and/or Services. If you send or transmit any communication to Nfthud, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), all such communication is and will be treated as non-confidential and non-proprietary. You hereby assign to Nfthud all rights, title, and interest in, and Nfthud is free to use, without attribution or compensation to you, any ideas, concepts, know-how, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether patentable, for any purpose whatsoever, including but not limited to developing, manufacturing, licensing, marketing, and selling products and services based on the feedback. Additionally, you acknowledge and agree that Nfthud is under no obligation to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and that you have no right to compel such use, display, reproduction, or distribution. Nfthud may collect and analyses aggregated and statistical data about website usage.
14) WARRANTY DISCLAIMER
YOUR USE OF THE WEBSITE, PLATFORM, AND/OR SERVICES IS AT YOUR OWN RISK. THE WEBSITE, PLATFORM, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NFTHUD, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, PLATFORM, AND SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, DESIGN, QUALITY, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.
Without limitation to the foregoing, the Nfthud provides no warranty or undertaking, and makes no representation of any kind that the Website, Platform, and/or Services will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither Nfthud nor any Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, Platform, and/or Services, or the information, content, and materials or services included thereon; (ii) that the Website, Platform, and/or Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, timeliness, completeness, reliability, or currency of any information or content provided through the Website, Platform, and/or Services; (iv) that the Website, Platform, and/or Services, its servers, the content, or e-mails sent from or on behalf of the Nfthud are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components; and/or, (v) as to preventing unauthorized access to or use of Nfthud servers and/or all information stored on them. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
OU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, PLATFORM, AND/OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATED OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, PLATFORM, AND/OR SERVICES. YOU UNDERSTAND THAT NFTHUD DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS. NFTHUD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE, PLATFORM, AND/OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, PLATFORM, AND/OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, PLATFORM, AND/OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
15) RISK DISCLOSURE DISCLAIMERS AND STATEMENT
THE RISK OF LOSS IN TRADING AND PURCHASING NFTS CAN BE SUBSTANTIAL. YOU SHOULD, THEREFORE, CAREFULLY CONSIDER WHETHER SUCH TRADING AND/OR PURCHASES IS SUITABLE FOR YOU IN LIGHT OF YOUR CIRCUMSTANCES AND FINANCIAL RESOURCES. YOU SHALL USE YOUR JUDGMENT, CAUTION, AND COMMON SENSE IN EVALUATING ANY PROSPECTIVE METHODS OR OFFERS AND ANY INFORMATION PROVIDED BY US OR ANY THIRD PARTY.
THE SERVICE’S CONTENT IS SOLELY FOR INFORMATIONAL PURPOSES. NOTHING ON OR IN THE SERVICE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR FINANCIAL INSTRUMENT BY NFTHUD, NOR SHALL IT CONSTITUTE OR BE CONSTRUED AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS TO PURCHASE A CURRENCY OR FINANCIAL INSTRUMENT) BY NFTHUD, NOR SHALL IT CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION OF AN INVESTMENT STRATEGY BY NFTHUD. THE INFORMATION CONTAINED ON THIS SERVICE SHOULD NOT BE CONSTRUED AS SUFFICIENT TO FORM THE BASIS OF AN INVESTMENT STRATEGY. NO CONTENT ON THE SERVICE IS TAILORED TO THE INDIVIDUAL, ENTITY, OR GROUP OF INDIVIDUALS’ SPECIFIC NEEDS. NFTHUD MAKES NO FORECASTS OR FORECASTS REGARDING THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY, OR OTHER ASSET. NFTHUD MAKES NO EXPLICIT OR IMPLICIT RECOMMENDATION OR SUGGESTION REGARDING ANY INVESTMENT STRATEGY. WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF NFTHUD, THE SERVICE’S CONTENT MAY NOT BE USED AS THE BASIS FOR ANY FINANCIAL OR OTHER PRODUCT. NOTHING ON THE WEBSITE, PLATFORM, AND/OR IN CONNECTION WITH THE SERVICES SHALL BE CONSTRUED TO BE FINANCIAL, LEGAL, OR TAX ADVISE. IN LIGHT OF THE FORGOING, YOU SHOULD BE AWARE OF, AND HEREBY ACKNOWLEDGE THE FOLLOWING:
a) NFTs are highly speculative, volatile, and may hold no cash value. You may sustain a total loss of the funds you use to purchase NFTs and there may be no future market for any NFT you purchase.
b) Your NFT portfolio is likely not insured and/or insurable and can instantly devalue. It is possible for your wallet and/or NFT portfolio to be misappropriated.
c) The funds you use to purchase NFTs and your NFT portfolio is not protected nor guaranteed by the Securities Investor Protection Corporation and/or any United States Federal and/or State law
d) The NFT marketplace is new and, as such, any and all NFT platforms (including, but not limited to OpenSea) can be hacked, go bankrupt, cease to exist, become subject to criminal investigation, and/or any other event that could be adverse to your NFT portfolio and/or ability to access to such portfolio.
e) Under certain market condition, you may find it difficult or impossible to liquidate a position.
f) In addition to the risks noted herein, there are innumerable risks and situations that can arise that would be adverse to your NFT portfolio and/or funds including, but not limited to, government intervention, regulation, and/or forfeiture.
THIS IS A BRIEF STATEMENT AND CANNOT DISCLOSE ALL THE RISKS AND OTHER ASPECTS OF THE NFT MARKETPLACE.
16) LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NFTHUD (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, PARTNERS, AND AFFILIATES) OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, PLATFORM, AND/OR SERVICES WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, PLATFORM, AND/OR SERVICES, ANY CONDUCT OF THIRD PARTIES ON THE WEBSITE, PLATFORM, AND/OR SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE WEBSITE, PLATFORM, AND/OR SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, PLATFORM, AND/OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NFTHUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL THE TOTAL LIABILITY OF NFTHUD ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, PLATFORM, AND/OR SERVICES EXCEED THE TOTAL FEES PAID BY YOU TO NFTHUD DURING THE SIX (6) MONTHS PRIOR TO YOU MAKING SUCH CLAIM AGAINST NFTHUD. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT AND LICENSE BETWEEN NFTHUD AND YOU AND REFLECTS THE PARTIES’ RISK ALLOCATION. NFTHUD’S PRICING STRUCTURE IS BASED ON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES UNDER THIS AGREEMENT. THE LIMITATIONS SET FORTH IN THIS SECTION WILL REMAIN IN EFFECT AND APPLY EVEN IF ANY LIMITED REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
17) EQUITABLE RELIEF
You agree that Nfthud would be irreparably damaged if the terms of this Agreement are not specifically followed and enforced. In such an event, You agree that Nfthud shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event You breach this Agreement; and that the awarding of equitable relief to Nfthud will not limit its ability to receive remedies that are otherwise available to Nfthud under applicable laws.
You agree to defend, indemnify, and hold harmless Nfthud and any of our affiliates, partents, subsidiaries, partners, licensors, and owners (if applicable) third-party legal claims, liabilities, losses, injuries, damages, costs or expenses incurred by Nfthud arising out of or from which may arise from or relate to your use or misuse of the Website, Platform, and/or Services, your breach of this Agreement, and/or your conduct or actions. You agree that we shall be able to select legal counsel and may participate in our defense if we wish.
19) MODIFICATION & VARIATION
We may modify this Agreement and/or any part thereof (including any terms or documents incorporated by reference in this Agreement) at any time by posting the revised terms at app.nfthud.io/terms-of-use You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. You are responsible for regularly reviewing the most current version of this Agreement, which is published at: app.nfthud.io/terms-of-use , though we will notify you of any changes that, in our sole discretion, materially impacts this Agreement. Continued use of the Website, Platform, and/or Services after any such changes have been made will constitute your consent to such changes. When we change this Agreement, we will update the “Last Modified” date above.
20) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties concerning any use of the Website, Platform, and/or Services. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of the Website, Platform, and/or Services.
21) SERVICE INTERRUPTIONS AND SUPPORT
Nfthud may need to interrupt your access to the Website, Platform, and/or the Services to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website, Platform, and/or the Services may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused because of such downtime. Nfthud reserves the right to make support services available in relation to any of the Features, the Website, Platform, and/or Services on such terms and conditions as Nfthud at its sole discretion deems appropriate and further reserves the right to alter, suspend, or withdraw such support services as Nfthud in its sole discretion deems appropriate.
22) TERM, TERMINATION & SUSPENSION
Nfthud may terminate this Agreement, the License, and/or your access to and use of the Website, Platform, and/or Services at any time for any reason, with or without cause. Nfthud specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You can terminate this Agreement at any time; however, you are not entitled to a refund, credit, or other form of compensation in any manner. Upon any termination, discontinuation, or cancellation of this Agreement, Sections 8 – 23 of this Agreement shall survive.
23) GENERAL PROVISIONS:
JURISDICTION, VENUE, & CHOICE OF LAW: This Agreement and the terms herein will be governed by and construed by the laws of Estonia without giving effect to any principles of conflicts of law. The Courts of Estonia shall have exclusive jurisdiction over any dispute arising from the use of the Website.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights, and liabilities of Nfthud will bind and inure to any assignees, administrators, successors, and executors. Nfthud may assign this Agreement, in whole or in part, to any person and/or entity at any time without your consent.
SEVERABILITY: If any part or sub-part of this Agreement is held invalid, void, illegal, or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances, ex. COVID-19.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please email us at [email protected]