Here you can find the Terms of Service of NFT Trader platform
Effective Date: June 2023
This Terms of Service (the “TOS”) is entered into between you and Salad Labs Inc., dba NFT Trader, and its subsidiaries and affiliates, (collectively, “NFT Trader”) and applies to the all Non-fungible tokens made available to you by NFT Trader, any applications controlled by NFT Trader, all NFT Trader websites, including nfttrader.io (the “Website”), and any other services or products on which NFT Trader chooses to apply this TOS (collectively, the “Service”).
BY LINKING YOUR DIGITAL WALLET TO THE SERVICE, PURCHASING AN NFT THROUGH THE SERVICE, PURCHASING AN NFT OFF A SECONDARY MARKET (E.G. OPENSEA) VIA THE WEBSITE, CLICKING “I AGREE” OR SIMILAR CONFIRMATION OR BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THE TOS.
1. DESCRIPTION OF THE SERVICE AND NFT RIGHTS
NFT Trader is a trading platform for non-fungible tokens (NFTs). NFT Trader enables users to securely trade their NFTs via the Website. In the basic sense, when you purchase an NFT through the Service you essentially “own’ the NFT you purchase. But in practice, it is better thought of as purchasing exclusive rights of access to an item, more akin to a license, that provides similar rights as full ownership of a piece of property. An NFT is essentially a digital certificate of ownership representing the purchase of a digital asset, traceable on a blockchain. But NFT holders do not have important significant rights to the digital work represented by the NFT, including rights provided under copyright law, such as the right of adaptation or reproduction. NFT Trader tries its best to describe your rights within this TOS so you can better be informed about your “ownership” rights in your NFTs, which are essentially the same as with other NFTs purchased elsewhere.
2.1 License. If you purchase, or receive through a legitimate trade or sale, an NFT created by NFT Trader (each, a “Trader Squad NFT”), NFT Trader grants you a non-exclusive, non-sublicensable, non-transferrable, revocable, limited license to use such Trader Squad NFT in the following ways:
2.2 NFT Licenses for non-Trader NFTs. Licenses for NFTs traded on the Service that are not created by NFT Trader shall remain the same as described by the creators of such NFTs when minted or as amended by such NFT creator. NFT Trader has no right to alter or change the terms of any NFTs not created or minted by NFT Trader.
2.3 User Content License. User content includes any information that you create, submit, transmit or upload while using a Trader NFT, for example, Social Content, any submissions, comments, questions, testimonials, tutorials, advice, suggestions, ideas, contest entries or other information you directly or indirectly provide to NFT Trader through any method existing now or in the future (altogether, “User Content”). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant NFT Trader a non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all intellectual property and other rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party. NFT Trader reserves the right to review, edit, delete or block access to User Content without notice.
3. ACCOUNTS AND VERIFICATION
3.1 Account. Use of the Service may require you to register a digital wallet with NFT Trader directly or with a third party (each, an “Account”). NFT Trader strongly recommends that you keep any Account login information confidential. You agree to be bound by any use of your Account, including charges and purchases, whether or not authorized. You represent and warrant that you are permitted to use the method of payment associated with your Account and agree to pay for charges and fees incurred by your Account, which are non-refundable
3.2 User Verification. NFT Trader values our users privacy and attempts to collect as little personal data as necessary to operate the Service but because cryptocurrencies and blockchain technologies are subject to abuse by hackers and criminals, and are often heavily regulated in certain jurisdictions, NFT Trader reserves the right to collect a variety of personal verification information (“Verification Information”) as part of the requirements for registering an Account on or with NFT Trader or to fulfill any legal obligations that might apply in your jurisdiction. Verification Information may include, but is not limited to, your: name, email address, contact information, telephone number, username, government issued id, date of birth and other information collected at the time of an Account registration. You acknowledge and agree that your personal data may be disclosed to authorities in your jurisdiction for NFT Trader to comply with its legal obligations.
3.3 Accuracy of Verification Information. In providing Verification Information, you confirm that it is accurate and authentic. After registering an Account, you shall maintain Verification Information, including contact details, truthful, complete and update such information in a timely manner. If there is any reasonable doubt that any information provided by you is inaccurate, outdated or incomplete, you shall correct or remove relevant information or NFT Trader may terminate all or part of your access to the Service. NFT Trader may contact you at any time to correct your Verification Information. You are responsible for any loss or expenses incurred if you cannot be reached through the contact information provided to NFT Trader.
4. PAYMENT AND USE OF THE SERVICE
4.1 Payment. To purchase an NFT, you must provide NFT Trader with payment information requested by NFT Trader and agree that NFT Trader, or a third-party payment provider on behalf of NFT Trader, may initiate payment for any purchase you authorize (each, a “Payment”). Payments may be processed by one or more third parties on behalf of NFT Trader and such third parties may change without notice to you. NFT Trader does not store your Payment details internally and any Payment information you share with us may be stored via third-party payment provider.
4.2 Service Fees. NFT Trader may charge a service fee associated with each trade done through the Service (each, a “Fee”). The amount of each Fee charged on a transaction on the Website is listed here: https://www.nfttrader.io/faq. Fees may be processed by one or more third parties on behalf of NFT Trader and such third parties may change without notice to you. Fees are earned upon the close of the transaction and are non-refundable.
4.4 Age Restriction. You must be at least the age of majority in your jurisdiction in order to access the Service. If you are under the age of majority in your jurisdiction, you may not use the Service.
4.5 Access. Access to the Service may require hardware including but not limited to a compatible computer, a mobile device and an Internet connection, all meeting certain minimum specifications set by NFT Trader (subject to change as NFT Trader makes changes to the Service) described on the Website and the purchase page from which you minted a Trader NFT, as updated on one or more occasions. You agree to provide all hardware and the Internet connection required to use the Service and to pay all fees incurred by you when accessing the Service through an Internet connection.
4.6 Ongoing Development. Although NFT Trader has developed a roadmap detailing future development objectives, NFT Trader cannot guarantee that all the items, including those described on the Website, will be accomplished during any planned timeline as NFTs and blockchain technologies are new, dynamic and complex with many unknowns. Future features, listed on the Website or elsewhere are not included in any Account, access or Trader NFT should not be considered while making any purchase or minting through the Service. You accept that by using the Website and owning any Trader NFTs, you acknowledge that there are no explicit or implicit obligations for NFT Trader to undertake activities during the period of your control of a Trader NFT to: (a) change the form or functionality of the intellectual property associated with such NFT; or (b) support or maintain any value of the intellectual property associated with such NFT.
5. LIMITATIONS ON USE OF THE SERVICE
5.1 Limitations. You agree that you will not use the Service in the following manner:
6. TERM AND TERMINATION
6.2 Effect of Suspension or Termination. Upon suspension or termination, you acknowledge and agree that NFT Trader shall cease to provide access to a Trader NFT and may delete data associated with your use of Trader NFT. You are not entitled to compensation of any kind as a result of suspension or termination, regardless of whether effected by you or NFT Trader, and NFT Trader is not liable to you or any third party for such suspension or termination and any related loss.
7. ADDITIONAL TRADER NFTS CONCERNS
7.1 Trader NFT Rights. New Trader NFTs available to you and the minting price of Trader NFTs may be altered by NFT Trader at any time, without notice, any time prior to being minted. Upon acquiring a Trader NFT, you are granted license as described in section 2.1. All rights not granted to Trader NFT holders remain the property of NFT Trader. Any Trader NFT purchases are final and non-refundable.
7.2 Notice to EU Users. If you are a resident of the EU, you hereby agree that by purchasing a Trader NFT, such Trader NFT shall be credited to your Account (on your digital wallet) immediately and, as a result, you are not entitled to withdraw from or cancel your purchase pursuant to the EU Consumer Rights Directive (2011/83/EU) and national implementations.
7.3 Obligations upon Transfer. Trader NFTs may be transferred, sold and made available as permitted by NFT Trader and third parties it engages to facilitate the transfer, purchase and sale of Trader NFTs. Once a Trader NFT is first minted and sold, NFT Trader ceases to be responsible for any future transfers of such Trader NFT except if transfers occur via the Service and as a limited manner to facilitate such transfer.
7.4 Third Party Wallets. The acquisition and use of Trader NFTs may require you to open an account with one or more third parties who will, among other things, maintain your Trader NFT in a digital wallet (each, a “Digital Wallet”). In order to open an account with a Digital Wallet a third party may require you to agree to certain additional terms imposed by such third party, which constitute a separate agreement between you and that third party. NFT Trader strongly recommends that you read any terms imposed by any Digital Wallet third party.
7.5 Third-Party Transfer or Access to NFTs. If you choose to transfer or access NFTs, including Trader NFTs, through third parties or third-party services, you are solely responsible for facilitating such transfer or access and do so at your own risk. NFT Trader disclaims all liability associated with third-party services used for the transfer or access of NFTs. NFT Trader strongly recommends that you exercise caution when transferring NFTs as once an item is transferred you may not be able to regain access without the recipient’s consent. NFT Trader cannot and shall not resolve any dispute over NFTs, including but not limited to payments received or control of NFTs.
7.6 Resale of Trader NFTs. It is recommended that you only resell Trader NFTs through NFT Trader or through approved third parties outside the Service. It is possible that Trader NFTs cannot be resold online, outside of the Service, in the real world or traded for non-virtual (tangible) goods or services as the market for Trader NFTs is emerging and volatile and technologies in the future may make the sale or transfer of Trader NFTs impractical or impossible. NFT Trader disclaims all liability associated with the sale or transfer of Trader NFTs.
8. NFT TRADER OWNERSHIP RIGHTS
8.1 Ownership. All right, title and interest in and to the Service including but not limited to copyrights, patents, trademarks, trade secrets, trade names, computer code (source and object), titles, avatars, animation, audio-visual effects, sound effects, musical works, look and feel, methods of operation and items built within the Service by users, are owned by NFT Trader. NFT Trader reserves all rights in the Service.
8.2 DMCA. NFT Trader responds to notices alleging copyright infringement that comply with the United States Digital Millennium Copyright Act (the “DMCA”). If you wish to make a DMCA claim, you must provide the following information in writing in your DMCA notice:
9 DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNIFICATION
9.1 DISCLAIMER. THE SERVICE IS STILL UNDER DEVELOPMENT AND MAY CONTAIN DEFECTS AND COMPATIBILITY ISSUES AND IS PROVIDED BY NFT TRADER “AS IS”. NFT TRADER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS (COLLECTIVELY, ITS “REPRESENTATIVES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, NFT TRADER AND ITS REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM YOUR HARDWARE OR RESULT IN LOST DATA OR BE SECURE AGAINST UNAUTHORIZED ACCESS. THE SERVICE IS UNSUPPORTED AND THE TOS DOES NOT CREATE ANY OBLIGATION UPON NFT TRADER TO DEVELOP, MAKE AVAILABLE, OFFER FOR SALE, REPAIR, SUPPORT OR RELEASE THE SERVICE. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY NFT TRADER OR ITS REPRESENTATIVES, WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE.
9.2 DISCLAIMER OF INVESTMENT. TRADER NFTS AND OTHER NFTS SOLD OR TRANSFERS VIA THE SERVICE ARE NOT INVESTMENTS OR INVESTMENT CONTRACTS. NFTS ARE PART OF THE SERVICE AND NFT TRADER AND ITS REPRESENTATIVES DISCLAIM ALL LIABILITY ASSOCIATED WITH ANY SPECULATION USERS ENGAGE IN CONNECTED TO TRADER NFTS. NOTWITHSTANDING THE ABOVE, YOU ARE SOLELY RESPONSIBLE FOR EVALUATING YOUR OWN INVESTMENTS, AND FOR ALL CONSEQUENCES ASSOCIATED WITH YOUR DECISION TO TRANSFER OR PURCHASE NFTS THROUGH THE SERVICE OR THIRD PARTIES. IN MANY CASES, NFTS MAY INCREASE OR DECREASE IN VALUE BEFORE, DURING AND AFTER THE TRANSFER OF SUCH NFTS. ANY PURCHASE OF DIGITAL ASSETS, INCLUDING NFTS, INVOLVES THE RISK OF LOSS OF PART OR ALL OF THE FUNDS YOU USED TO MAKE THE PURCHASE AND/OR SUBSTANTIAL COSTS ASSOCIATED WITH GAS PRICES PAID FOR ANY MINTING OR PURCHASE. THE VALUE OF NFTS YOU PURCHASE OR TRANSFER IS SUBJECT TO MARKET AND OTHER RISKS THAT MAY SIGNIFICANTLY IMPACT THE VALUE OF SUCH ITEMS. NFT TRADER AND ITS REPRESENTATIVES DISCLAIM ALL LIABILITY ASSOCIATED WITH THE SPECULATION OF THE VALUE OF NFTS PURCHASED THROUGH NFT TRADER OR THIRD PARTIES. FURTHERMORE, ANY STATEMENT MADE, ADVERTISEMENT OR CLAIM POSTED ON THE SERVICE OR DISPLAYED ANYWHERE ELSE, IN THE PAST OR PRESENT, OR MADE BY NFT TRADER AND ITS REPRESENTATIVES THAT DESCRIBES TRADER NFTS AS AN INVESTMENT ARE NULL AND VOID AND DO NOT REPRESENT THE VIEWS OF NFT TRADER.
9.3 THIRD PARTY NFTS DISCLAIMER. NEITHER NFT TRADER NOR ITS REPRESENTATIVES ARE RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE THIRD PARTY NFTS. NEITHER NFT TRADER NOR ITS REPRESENTATIVES ARE RESPONSIBLE FOR LOSSES OR INJURY DUE TO FAILIURES BY THE DEVELOPERS OR REPRESENTATIVES OF ANY THIRD PARTY NFTS OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE THIRD PARTY NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.
9.4 LIMITATION OF LIABILITY. NFT TRADER AND ITS REPRESENTATIVES, SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF NFT TRADER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGE. TO THE EXTENT THAT THE ABOVE LIMITATION OF LIABILITY IS NOT APPLICABLE IN YOUR JURISDICTION, ANY CLAIM THAT YOU MAY HAVE AGAINST NFT TRADER AND ITS REPRESENTATIVES MUST BE COMMENCED NO LATER THAN 6 MONTHS AFTER THE DAY ON WHICH THE CLAIM IS DISCOVERED OR OUGHT TO HAVE BEEN DISCOVERED BY YOU. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE ANY RIGHT TO BRING A CLASS ACTION AGAINST NFT TRADER AND ITS REPRESENTATIVES, AND ANY LEGAL MATTER YOU RAISE AGAINST THEM SHALL BE HANDLED ON AN INDIVIDUAL BASIS.
9.5 NFT TRADER’S AGGREGATE LIABILITY. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD NFT TRADER AND ITS REPRESENTATIVES FROM LIABILITY, YOU AGREE THAT YOUR SOLE REMEDY, AND NFT TRADER AND ITS REPRESENTATIVES’S AGGREGATE LIABILITY, IS FOR YOU TO TERMINATE USE OF THE SERVICE AND MAXIMUM LIABILTY OF THE AMOUNT YOU PAID TO NFT TRADER IN THE PRECEEDING 6 MONTH PERIOD PRIOR TO ANY CLAIM.
9.6 Indemnity. You shall defend and indemnify NFT Trader against any claim, demand, suit or proceeding (each, a “Claim”) made or brought against NFT Trader in connection with your use of the Service, including Claims that through the use of the Service you (i) infringe or misappropriate a third party’s intellectual property rights, (ii) violate any applicable laws, (iii) breach the terms of this TOS, or (iv) commit an act of gross negligence or intentional misconduct.
NFT Trader agrees to notify you of an update to the TOS by a posting on the Website. You are deemed to accept an update by continuing to use the Service. Unless NFT Trader states otherwise, updates are automatically effective 30 days after posting.
11.1 Governing law. The TOS is governed by and construed under the laws of the province of British Columbia. If a dispute arises, you agree that such dispute be resolved by courts located in Vancouver, British Columbia and hereby submit to the personal jurisdiction of such courts.
11.2 Severability. To the extent any section, clause, provision or sentence or part thereof of the TOS is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed, and the remainder of the TOS given full force and effect.
11.3 No Waiver. NFT Trader’s failure to assert or enforce any right contained in the TOS shall not constitute a waiver of that right.
11.4 Taxes. It is your responsibility to abide by local laws in relation to the legal usage of the Service in your jurisdiction, including the applicability of tax laws to the sale or transfer of Trader NFTs, as well as withholding, collection, reporting and remittance to appropriate tax authorities.
11.5 Illicit Proceeds. You acknowledge and declare that the source of any funds, including cryptocurrencies used for the purchase of Trader NFTs, come from a legitimate source and are not derived from illegal activities. NFT Trader cooperates with law enforcement authorities globally and will not hesitate to seize, freeze, terminate your account and funds, including cryptocurrencies, which are flagged by investigators or government authorities under a proper legal mandate, including the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada).
11.6 Survival. Sections 4.4, 5.1, 6.2 and 7 through 11 survive termination of the TOS.
11.7 Entire Agreement. The TOS constitutes the entire agreement between you and NFT Trader with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.
11.8 Contact. You may contact NFT Trader regarding this TOS by emailing INFO@NFTTRADER.COM