Last Update April 1, 2021

Terms of Service

Terms of Service
From the SafeNFT Legal Team

 
1. Introduction    

Welcome to the SafeNFT website, owned and operated by SafeNFT LLC., d/b/a Ether Non-Fungible Token Pros (“ETHNFTPRO,” “ETHNFTPROs,” “SafeNFT,”“we,” “us” or “our”). These Terms of Use (these “Terms”) govern your access to and use of the SafeNFT website; including without limitation the creation, purchase, sale, exchange, or modification of certain digital assets; our online and/or mobile services, and software provided on or in connection with those services (collectively, the “Service”).

This Service also allows you to create, purchase, or advising you on the sale of Crypto Assets (as defined below) via auction (“Auction”).Detailed rules regarding the various 3rd party Auction sites and processes are available on this page, Auction Rules. You may only participate in the Auction by linking your digital wallets on supported bridge extensions such as MetaMask (https://metamask.io/). MetaMask is an electronic wallet, which allows you to purchase, store, and engage in transactions using Ethereum cryptocurrency. Before putting up your unique digital asset for Auction or putting in an offer to purchase a unique digital asset from another user, we will ask you to download a supported electronic wallet extension and connect and unlock your digital wallets with that extension. Once you submit an order to sell or purchase a unique digital asset, your order is passed on to the applicable extension, which completes the transaction on your behalf.

“Crypto Assets” refers to unique non-fungible tokens, implemented on the Ethereum blockchain (the “Ethereum Platform”) using smart contracts, including without limitation using marketplace platforms such as Rarible.com, SafeNFT.io, Mintable.app, and NiftyGateway.com.

ALL TRANSACTIONS INITIATED THROUGH OUR SERVICE AREFACILITATED AND RUN BY SUCH THIRD-PARTY ELECTRONIC WALLET EXTENSIONS, AND BYUSING OUR SERVICES YOU AGREE THAT YOU ARE GOVERNED BY THE TERMS OF SERVICE ANDPRIVACY POLICY FOR THE APPLICABLE EXTENSIONS.

FOR METAMASK, THOSE TERMS ARE AVAILABLE AT(https://metamask.io/terms.html) AND (https://metamask.io/privacy.html)SAFENFT IS A SERVICE PLATFORM. WE ARE NOT A BROKER,FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORMONLY.

SAFENFT HELPS CREATE AND FACILITATE TRANSACTIONS BETWEEN THE BUYER AND SELLER IN THE AUCTION BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF CRYPTO ASSETS OR BETWEEN ANY USERS.YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY,LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE. NOTWITHSTANDING INDICATORSAND MESSAGES THAT SUGGEST VERIFICATION, SAFENFT MAKES NO CLAIMS ABOUT THEIDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE PLATFORM. 

Because we have a growing number of services, we sometimes need to describe additional terms for specific services. Those additional terms and conditions, which are available with the relevant services, then become part of your agreement with us if you use those services.

THESE TERMS OF USE ARE IMPORTANT AND AFFECT YOUR LEGALRIGHTS, SO PLEASE READ THEM CAREFULLY. WE WANT TO LET YOU KNOW THAT THE TERMSINCLUDE AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIREDISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESSYOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TOPURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS APLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING;AND (2) YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTIONOF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS. PLEASE READSECTION 15 CAREFULLY.

BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE ACCOUNTREGISTRATION PROCESS, USING OUR SERVICES AND/OR PURCHASING CRYPTO ASSETS, YOUAGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BYREFERENCE.

If you do not agree to these Terms, you may not access or use the Service or purchase the Crypto Assets. SafeNFT reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Terms, you may not access or use the Service.

2.  Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical: “Agreement” refers to these Terms of Service; “Service” refers to the services that we provide through our Site, including our long-form  illustrations and our Site itself; “Site” refers to our website, www.SafeNFT.com; “User” refers to anyone who uses our Service, including general visitors to our Site; “SafeNFT” refers to our company, known as “SafeNFT LLC”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used; “You” refers to you, the person who is entering into this Agreement with SafeNFT.

3. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and share information about you.

4. Account Registration and Communication Preferences

If you wish to participate in the creation and management of Crypto Assets, you will need to register for an account on the Service (“Account”). By creating an Account, you agree to (a) provide accurate, current and complete Account information about yourself, (b) maintain and promptly update from time to time as necessary your Account information, (c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Service, or your Account. SafeNFT will block multiple accounts of the same user. Also, you agree that you will not:

* create another account if we’ve disabled one you had unless you have our written permission first;
* create another account if we’ve disabled one you had unless you have our written permission first;
* buy, sell, rent or lease access to your Account or username unless you have our written permission first;
* share your Account password with anyone;
* log in or try to log in to access the Service through unauthorized third-party applications or clients.

SafeNFT may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. SafeNFT may also require you to provide additional information and documents in cases where it has reasons to believe that:

* Your Account is being used for money laundering or for any other illegal activity;
* You have concealed or reported false identification information and other details; or
* Transactions effected via your Account were affected in breach of these Terms.

In such cases, SafeNFT, in its sole discretion, may pause or cancel your Auction transactions until such additional information and documents are reviewed by SafeNFT 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, SafeNFT may refuse to provide the Content (defined in Section 4) to you. By creating an Account, you also consent to receive electronic communications from SafeNFT (e.g., via email or by posting notices to the Service). These communications may include notices about your Account(e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

You must provide all equipment and software necessary to connect to the Service and services, including but not limited to, a mobile device that is suitable to connect with and use Service and services, in cases where the Service offers a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service or services.

Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by SafeNFT or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components. For example, when you click to get more details about any of the Crypto Assets sold through our marketplace, you will notice a third-party link to the website from which such Crypto Asset originated. Such website may include license terms governing the use of such Crypto Asset. In the event you purchase such Crypto Asset through our marketplace, you are required to comply with such terms.

As stated above, your participation in the Auction is also subject to the rules available on this page, Auction Rules.

5.  Rules of Ownership

Unless otherwise indicated in writing by us, the Service and all Content and other materials contained therein, including, without limitation, the SafeNFT logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of SafeNFT or our affiliates, licensors, or users, as applicable.

Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by SafeNFT or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

The SafeNFT logo and any SafeNFT product or service names, logos or slogans that may appear on the Service or Service are trademarks of SafeNFTor our affiliates and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “SafeNFT” or any other name, trademark or product or service name of SafeNFT or our affiliates without our prior written permission. In addition, the look and feel of the Service and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark, or trade dress of SafeNFT and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and SafeNFT names or logos mentioned on the Service are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark ,manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by SafeNFT.

6. Payment, Pricing, Refunds, and Shipping Payment
Payment can be made by means of PayPal, Visa, MasterCard, Discover, American Express, or Bitcoin. Unless otherwise stated, all prices are listed in United States dollars or in Bitcoin or Ethereum. All purchases are final.

Shipping SafeNFT adheres to the following shipping guidelines:

* USPS Standard – First Class Mail (1-5 days)

* Priority Mail (2-3 days)

* First Class International Mail (5-12 days)

* Orders are processed and shipped within 72 hours (weekends excluded), often within 24 hours. Tracking numbers are e-mailed when an order is processed. Allow 24 hours for tracking information to be updated by USPS after determined shipping date.

SafeNFT is not responsible for customs duties tariffs required by local governments for international orders. The recipient is required to pay duties as per local government notifications.

Pricing and Other Terms
Additional terms surrounding payment, pricing, asset transferring, and shipping may be published on our Site or otherwise communicated by us to you and are hereby incorporated into this Agreement by reference.

7. User License of Our Service and Content

You are hereby granted a limited, non exclusive, nontransferable, non-sublicensable license to access and use the Service and Content; provided, however, that such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Service or Content, (b) distribute, publicly perform or publicly display any Content,(c) modify or otherwise make any derivative uses of the Service or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Service or Content, except as expressly permitted by us, and (f) use the Service or Content other than for their intended purposes.

8. Hyperlinks

You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Service for noncommercial purposes, provided that such link does not portray SafeNFT or our affiliates or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of SafeNFT to link to the Service or Content without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any SafeNFT trademark, logo or other proprietary information, including the images found on the Service, the content of any text or the layout or design of any page, or form contained on a page, on the Service without our express written consent.

9. 3rd Party Terms of Use

The Service may contain links to third-party websites(“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left our Service and are subject to the Terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications and are not under the control of SafeNFT. SafeNFT is not responsible for any Third-Party Websites or Third-Party Applications. SafeNFT provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites, and Third-Party Applications at your own risk. When you leave our Service, our Terms and policies no longer govern. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

10. User Conduct

You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct, while accessing or using the Service or participating in the Auction. You agree that you will abide by these Terms and will not:

· Provide false or misleading information to SafeNFT;

· Use or attempt to use another user’s Account without authorization from such user and SafeNFT;

· Create or list counterfeit items;

· Pose as another person or create a misleading username;

· Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;

· Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service;

· Reverse engineer any aspect of the Service, ordo anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service;

· Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access;

· Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;

· Use data collected from our Service to contact individuals, companies, or other persons or entities;

· Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);

· Bypass or ignore instructions that control all automated access to the Service;

· Use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;

· Use the Ethereum Platform to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Ethereum Platform, or the Service;

· Engage in wash trading or other deceptive or manipulative trading activities;

· Place misleading bids or offers;

· Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments; or

· Use the Service to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners’ rights to participate in an ICO or any securities offering, or assets that entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts.

SafeNFT facilitates transfer among a diverse community of buyers and sellers. Openness is one of our most prized values, and we are committed to providing a platform for the exchange of a wide range of content, including controversial content. These policies ensure that our marketplace offers the widest selection of assets possible while promoting trust and respect, as well as adherence to the law.

SafeNFT has always exercised judgment in allowing or is allowing certain assets, listings, smart contracts, and collections consistent with the spirit of openness in a worldwide community of users of a radical new technology. We carefully consider the complete situation and all its details in light of our policies before deciding to remove inappropriate assets, listings, smart contracts, and collections when we discover them, or they're brought to our attention.

Assets, listings, smart contracts, and collections that SafeNFT deems inappropriate, disruptive, or illegal are prohibited on SafeNFT. SafeNFT reserves the rights to determine the appropriateness of listings on its site and remove any listing at any time. If you create or offer an asset, listing, smart contract, or collection in violation of these policies, we will take corrective actions, as appropriate, including but not limited to removing the asset ,listing, smart contract, or collection, deleting your SafeNFT account, and permanently withholding referral payments and developer revenue sharing fees. SafeNFT cannot destroy or impound your assets or smart contracts, but we reserve the right to destroy inappropriate metadata stored on our servers.

Assets, listings, smart contracts, and collections that include metadata that violates international or United States intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in the United States are prohibited on SafeNFT and will be removed. 

Assets, listings, smart contracts, and collections with a primary or substantial purpose in a game or application that violates international or United States intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in the United States are prohibited on SafeNFT and will be removed.

Assets, listings, smart contracts, and collections created or used primarily or substantially for the purpose of raising funds for the known terrorist organizations listed onhttps://www.state.gov/foreign-terrorist-organizations/ are prohibited on SafeNFT and will be removed.

The sale of stolen assets, assets taken without authorization, and otherwise illegally obtained assets on SafeNFT is prohibited. If you have reason to believe that an asset listed on SafeNFT was illegally obtained, please contact us immediately. Listing illegally obtained assets may result in your listings being cancelled, your assets being hidden, or your account being suspended. We require all users to be 18 years old or older. If you are under 18, you may use a parent or guardian's SafeNFT account, but only with involvement of the account holder. However, the account holder is responsible for everything done with that account.

NSFW content is meant for people who are 18 years and older. We allow the sale of this content, but it is subject to being marked NSFW and handled differently than non-NSFW content in navigation menus and search results. Asset names, listings and their descriptions, smart contract names, and collections including profanity or overtly sexual content are prohibited on SafeNFT and will be removed. A smart contract that contains NSFW content is subject to being marked NSFW, even if the NSFW content only represent a portion of the content on the smart contract.

Do not create or list illegal or offensive content, such as products that depict graphic sexual acts and images that depict children under the age of 18 in a sexually suggestive manner. Do not use profanity or graphic language in any content you list or create on SafeNFT.

Bottom line about NSFW content: it is permitted on SafeNFT, but we're going to do our best to keep it out of the high traffic areas and if it's extreme in any way, we'll probably remove it. If you become aware of the creation, listing, or buying of assets in violation of any of the terms specified in this section, you shall contact us here to report it. Content creators bear special responsibility for informing SafeNFT of the existence of their collections, contracts, and assets that violate these terms.

11. User Content & Copyright

You are solely responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. We take no responsibility for the Content posted or listed via the Services.

You retain your rights to any Content you submit, post, or display using the Services.

By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display such Content for our lawful business purposes, including to provide, promote, and improve the Services. SafeNFT does not claim that submitting, posting, or displaying Content on or through the Services gives SafeNFT any ownership or resale rights in your Content. We are not saying we own it or will resell it.

From a marketing perspective, we may want to showcase your assets.

You represent and warrant that you have, or have obtained ,all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant SafeNFT the license described above.

SafeNFT reserves the right to remove content without prior notice. SafeNFT will take down works in response to formal infringement claims and will terminate a user's access to the Services if the user is determined to be a repeat infringer.

If you believe that your content has been copied in a way that constitutes copyright infringement, please report this by contacting our designated copyright agent at: 

SafeNFT

Attn: Copyright Infringement

6735 Salt Cedar Way

Email: legal@safenft.com

Phone: (469)-988-5420 

Formal infringement claims regarding content on the Services must include:

· A written communication delivered to the agent designated above;
· A physical or electronic signature of someone authorized to act on behalf of the copyright owner;
· Identification of the copyrighted work(s)allegedly infringed;
· Identification of material claimed to be infringing, reasonably sufficient to permit Company to locate the material;
· Information reasonably sufficient to permit Company to contact the complaining party. This can be an address, phone number, email address, or other suitable method of contact;
· A statement that the “complaining party has 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”
· A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of copyright owner.

12. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless SafeNFT, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “SafeNFT Parties”), from and against all actual or alleged third party claims, damages, awards, judgments ,losses, liabilities, obligations, penalties, interest, fees, expenses(including, without limitation, attorneys’ fees and expenses) and costs(including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to(a) your use or misuse of the Service, Content or Crypto Assets, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third party, including another user or MetaMask. You agree to promptly notify SafeNFTof any third-party Claims and cooperate with the SafeNFT Parties in defending such Claims. You further agree that the SafeNFT Parties shall have control of the defense or settlement of any third-party Claims. THISINDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SETFORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND SAFENFT.

13. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BYSAFENFT, THE SERVICE, CONTENT CONTAINED THEREIN, AND CRYPTO ASSETS LISTEDTHEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIESOR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SAFENFT (AND ITSSUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS;(B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SAFENFTDISCLAIMSALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUTLIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, CONTENTCONTAINED THEREIN. SAFENFTDOES NOT REPRESENT OR WARRANT THAT CONTENT ON THESERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BELIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ONMATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE SAFENFTATTEMPTS TOMAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, SAFENFTCANNOT ANDDOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, ANY CRYPTO ASSETSLISTED ON OUR SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFULCOMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSEONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION ANDDEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANYBREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

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

CRYPTO ASSETS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLYBY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANYTRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THEDECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT SAFENFTORANY SAFENFTPARTY CAN AFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY CRYPTOASSETS.

SafeNFT 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 CryptoAssets.

SafeNFT 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 Crypto Assets including forks, technical node issues or any other issues having fund losses as a result.

Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIEDWARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TOYOU.

14. Communications Decency Act

Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our Site by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at info@safeNFT.com if any of our Users have posted anything that you believe is defamatory.

15. Indemnification

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SAFENFTBELIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROMTHESE TERMS, THE SERVICE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FORANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS ORANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, ANDWHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OROTHERWISE, EVEN IF FORESEEABLE AND EVEN IF SAFENFTHAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS OR THIRD-PARTYSITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELYRESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OFDATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SAFENFTARISING OUT OF ORIN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE,CONTENT, CRYPTO ASSETS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICEEXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY SAFENFTFROM THESALE OF CRYPTO ASSETS THAT ARE THE SUBJECT OF THE CLAIM.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TOLIABILITY OF SAFENFTFOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF SAFENFT’SNEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF SAFENFT’S FRAUD ORFRAUDULENT MISREPRESENTATION.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

16. Modification of Service

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

17. Dispute Resolution

· Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with SafeNFT and limits the way you can seek relief from us.

· Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with SafeNFT, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or SafeNFT may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

· Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent SafeNFT Legal at 6735 Salt CedarWay Bldg 1 Suite 391 Frisco, TX 75034.

· Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and SafeNFT. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non- monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms(including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

· 
Waiver of Jury Trial. YOU AND SAFENFTHEREBYWAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIALIN FRONT OF A JUDGE OR A JURY. You and SafeNFT are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14(B) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

· 
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENTMUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASSBASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMEROR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMEROR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of Delaware. All other claims shall be arbitrated.

·
 Severability. Except as provided herein, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

·   
   Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with SafeNFT.

·      Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if SafeNFT makes any future material change to this Arbitration Agreement, you may reject that change within thirty(30) days of such change becoming effective by writing to SafeNFT at the following address: 6735Salt Cedar Way Bldg 1 Suite 391 Frisco, TX 75036


18. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Texas. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the Small Claims Court of the State of Texas (“Small Claims Court”). If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court. If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court. You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

19. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

20. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, SafeNFT shall have the sole right to elect which provision remains in force.

21. Governing Law & Venue

These Terms, your access to and use of the Service and Content, and your participation in the Auction shall be governed by and construed and enforced in accordance with the laws of the State of Texas, without regard to conflict of law rules or principles of the State of Texas, or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of Collin County in the State of Texas, and the United States, respectively, sitting in the State of Texas.

22. Termination & Cancellation

Notwithstanding anything contained in these Terms, were serve the right, without notice and in our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

23. Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

24. Amendments

These Terms along with the Auction Rules constitute the entire agreement between you and SafeNFT relating to your access to and use of the Services and Content, and your participation in the Auction. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of SafeNFT prior, concurrent or subsequent circumstance, and SafeNFT’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms is intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.