NFTON - Terms of Service

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In these Terms unless the context otherwise requires, expressions defined and used in these Terms shall have the meaning set out in this clause:

"Account" as defined in Clause 5.1.

"Buyer" means the purchaser of the NFT from the Seller.

"Combined Service Fee" as defined in Clause 8.1.1.

"Community" means the artists, collectors, traders and other Users of the Platform.

"Community Standards" as defined in Clause 12.4.

"Ethereum" means the Ethereum mainnet and the consensus blockchain for such mainnet (networkID:1, chainID:1) as recognized by the official Go Ethereum Client, or, if applicable, the network and BLOCKCHAIN generally recognized as the legitimate successor thereto.

"Fees" as defined in Clause 8.1.

"Gas Fee" means the payment of a transaction fee to the Ethereum network. Certain transactions on the Platform attract Gas Fees, such as creating, listing, selling or purchasing NFTs (all of which are facilitated by smart contracts existing on the Ethereum network). Gas fees are payments made by Users to compensate for the computing energy required to process and validate transactions on the Ethereum blockchain and are directly facilitated by the Third-Party Extensions. The Platform does not set the Gas Fee, nor benefit from it. The value of the Gas Fee changes, often unpredictably and is entirely outside of the control of the Platform. The User acknowledges that under no circumstances will a contract, agreement, offer, sale, bid or other transaction on the Platform be invalidated, revocable, retractable or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high or otherwise unacceptable.

"Intellectual Property Rights" as defined in Clause 10.3.

"Licence" as defined in Clause 10.1.

"NFTs" means Ethereum based tokens complying with the ERC-1155 token standard used in connection with the Platform and the Third-Party Extensions. NFTs are “non-fungible” tokens representing a unique NFT; however, certain NFTs forming part of the same collection may contain the same NFT metadata, and may be fungible with one another, while being non-fungible with other unrelated NFTs.

"Offerings" as defined in Clause 3.1.

"Prohibited Uses" as defined in Clause 12.4.

"Permitted Uses" as defined in Clause 12.3.

"Seller" means the User who owns the NFT before a transaction is completed.

"Third-Party(ies)" means providers of Third-Party Extensions.

"Third-Party Extensions" means the use of Coinbase and Metamask or such other third-party services/products as chosen from time to time by NFTON in connection with the Platform offered by NFTON.s

"Service Fees" as defined in Clause 8.1.1; and

"User Content" as defined in Clause 10.5.

2. INTERPRETATION

2.1 Clause headings and captions in these Terms are for convenience of reference only and shall not be considered a part of or affect the interpretation of these Terms.

2.2 References to a statute or statutory provision include any consolidation, re-enactment, modification or replacement of the same, any statute or statutory provision of which it is a consolidation, re-enactment or replacement of and any subordinate legislation in force under any of the same from time to time.

2.3 References to a document include a reference to that document as amended.

2.4 Words in the singular include the plural and vice versa and words denoting a gender denote all genders. References to persons include legal and natural persons.

2.5 Any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

2.6 A reference to a regulator or to a regulatory body shall include any replacement or successor bodies from time to time.

3. CONTRACT FORMATION

3.1 The Terms apply to your use of the Platform, including how you interact with offerings on the Platform, including:
3.1.1 Accessing or browsing the Platform;
3.1.2 Creating an NFT on the Platform;
3.1.3 Listing an NFT on the Platform;
3.1.4 Selling an NFT on the Platform; and
3.1.5 Buying an NFT on the Platform.
(together the "Offerings")

3.2 Any use of Third-Party Extensions in connection with the Platform is not an Offering.

3.3 By using the Platform or accessing or browsing the Offerings, you are agreeing to be bound by these Terms. Before you can engage with certain Offerings, you will also be required to agree to these terms. If you do not agree to these Terms, then you have no right to access or use the Platform and you must cease using the Platform immediately. You acknowledge and agree when asked to accept these Terms that by ticking the check box beside the wording "By connecting your wallet, you agree to our Terms of Service and Privacy Policy." that you are indicating that you have the legal capacity to agree to these Terms and that you understand and agree to be bound by these Terms.

3.4 If you are accessing and using the Platform on someone else’s behalf, you are confirming that you have authority to act on behalf of that individual and that the individual on whose behalf you are acting will be 1) bound by these Terms and 2) accepts liability for harm caused by any wrongful use of the Platform resulting from such access or use. We are not liable for business losses. We only supply the Platform for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you whether for any loss of profit, loss of business, business interruption, or loss of business opportunity or otherwise.

3.5 The Terms apply to the exclusion of other terms that you seek to impose or incorporate, which are implied by trade, custom, practice or course of dealing.

3.6 NFTON shall have the right at any time to change or discontinue any or all aspects or features of the Platform or the Offerings.

4. ACCOUNT

4.1 In order to perform a transaction on the Platform, you must register an account with a Third-Party Extension which will then be linked to the Platform (your "Account"). You are responsible for all activities that occur via your Account. You agree to provide true and accurate information and to notify us in the event of any unauthorised access to your Account or any changes to your Account information.

4.2 You must be 16 years of age or over to use the Platform.

4.3 When you connect your wallet to the Platform, the public address of your Ethereum wallet will be your username. You may amend your username from “Edit Profile” section of the Platform. We also reserve the right to amend your username at our sole discretion. You are entirely responsible for safeguarding and maintaining the confidentiality of your credentials relating to Third-Party Extensions and your Account and agree not to share your credentials with any person who is not authorised to use your Account. You authorise NFTON to assume that any person using the Platform via your Account, either is you or is authorised to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorised use of your Account. You further agree not to use the Account or log in with the credentials of another user of the Platform if (a) you are not authorised to use either or (b) the use would violate these Terms.

4.4 You may submit a request to become a verified user on the Platform by using the Apply for Verification function which is available through your profile. In order to apply for verification, you must provide your name, username, a verified email address, an updated profile photo and a minimum of one social media account. The Platform administration will review your account and activity, together with the information you provide. If the Platform admin finds that the details submitted are legitimate, they may opt at their sole discretion to approve or deny verification. If verification is approved, a verification badge is assigned to that user.

4.5 By accepting these Terms and/or registering for an Account you agree:
4.5.1 that we may send to you communications, including emails, text messages, push notifications, mail and telephone calls, that are related to the Offerings in accordance with our Privacy Policy or any consents that you provide to us; and
4.5.2 that any notices, agreements, disclosures or other communications that we send to you electronically are deemed to satisfy any legal communication requirements.

4.6 You are responsible for keeping all information provided for your Account current, complete, accurate and truthful.

4.7 We reserve the right to disable the use of any Account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. Users are responsible for protecting the confidentiality of the private keys controlling the relevant blockchain accounts or addresses through which they interact with the Offerings.

5. THIRD-PARTY EXTENSIONS

5.1 You can only participate in the Offerings by linking your digital wallets on supported Third-Party Extensions. Currently MetaMask and Coinbase are electronic wallets, which allow you to purchase, store, and engage in transactions using Ethereum cryptocurrency. Before presenting your NFT for sale or putting in an offer to purchase an NFT from another user, we will ask you to download a supported electronic wallet extension, and connect and unlock your digital wallets with that extension. If you do not have a wallet, you may create an Account on an appropriate Third-Party Extension. Once you submit an order to sell or purchase an NFT, your order is passed on to the applicable Third-Party Extension, which completes the transaction on your behalf.

5.2 All transactions initiated through the Platform which are facilitated and operated by Third-Party Extensions may be governed by the terms of service and privacy policy for the applicable Third-Party Extensions as applicable and varied by Third Parties from time to time. These are arrangements between you and the Third-Party, and we shall have no liability for anything arising in these arrangements.

6. NFTs

6.1 NFTON gives no guarantee or assurance of the uniqueness, originality or quality of any NFT or NFT metadata. NFTON does not guarantee or provide any assurance that the purchase or holding of an NFT on or purchased through the Platform confers any license to or ownership of the NFT metadata or other intellectual property associated with the NFT or any other right or entitlement, notwithstanding that another user or party may rightfully own or possess the IP in the underlying work and/or the underlying work itself, associated with the NFT.

6.2 NFTON may from time to time remove materials and/or NFTs from the Platform or restrict the creation of NFTs via/on the Platform at NFTON's discretion, (including in connection with non-sale of an NFT after 60 days), or where NFTON believes that such NFT violates these Terms or the Privacy Policy of the Platform. NFTON does not commit and shall not be liable for: any removal, failure to support, display or offer of materials or NFTs on the Platform; nor for continuing to support, display or offer any NFTs for trading through the Platform. We shall follow our standard archiving and deletion procedures for User Content. In the event that any NFT is not sold within 60 (sixty) days of being listed for sale, then such unsold NFTs will be deleted from the Platform. You shall have no remedy against the Platform to restore the deleted NFT or for any loss or damage to your User Content. We shall not be responsible for any loss, destruction, alteration or disclosure of User Content.

7. TERMS OF SALE FOR NFTs

7.1 NFTON facilitates the sale of NFTs by making the Platform available for use by the Seller and the Buyer to respectively sell and buy NFTs. The sale and purchase of an NFT is a transaction directly between the Buyer and Seller which is facilitated through smart contracts conforming to the ERC – 1155 standard on the Ethereum blockchain.

7.2 When a user proposes a transaction by listing an NFT for sale, they act as a Seller. When a Seller lists an NFT on the Platform they make a legally binding offer to contract at the stipulated price for an NFT. If a Buyer agrees to such price offered by the Seller for an NFT, and the Buyer accepts the Seller's offer on the Platform by purchasing the NFT. A legally binding contract of sale is formed between the Seller and the Buyer when the Platform displays the Confirmation Page ("Confirmation Page"). YOU HEREBY EXPRESSLY AGREE THAT TITLE IN AN NFT PASSES IMMEDIATELY WHEN THE CONFIRMATION PAGE IS DISPLAYED.

7.3 Sales and Purchases are done at the Seller's and Buyer's own risk. NFTON does not act as the agent of the Buyer or the Seller in a transaction on the Platform.

7.4 No refunds or returns shall be available. Nothing in these Terms affects your statutory rights.

8. FEES AND PAYMENT

8.1 Fees
Creating, buying, selling or transferring NFTs may be subject to fees, royalties and other charges ("Fees") some of which (such as NFTON's fees) as determined and as may be amended from time to time in the sole discretion of NFTON. Fees include:

8.1.1 service fees which are levied against the price of purchase and the sale price of transactions, which are payable to NFTON (the "Service Fee"). The Buyer and the Seller will each be charged a separate 2.5% fee of the purchase price of the NFT, calculated at the time of purchase. A 2.5% Service Fee applies to each of the Buyer and the Seller, totalling a 5% combined Service Fee which (the "Combined Service Fee"), which is payable to NFTON. The Combined Service Fee does not include the Gas Fee which are additional fees;

8.1.2 royalties when certain Offerings are used, including creating, listing, selling and un-listing NFTs. Royalties on NFTs are payable to NFTON or the beneficiary of such royalties as appropriate. Royalties may be set at the discretion of the NFT creator and may range from 0% to 50%; and

8.1.3 Gas Fees.

8.2 Forms of Payment
Fees shall be paid solely in the manner determined at the discretion of NFTON. You agree and understand that certain Fees are initiated and processed directly through a smart contract residing on the Ethereum network which complies with the ERC-1155 token standard. By engaging in a transaction, each of the Buyer and the Seller authorise the relevant Third-Party Extension and the Platform to debit and credit their respective Ethereum accounts in accordance with these Terms. For the avoidance of doubt, Users waive entitlement to royalties which may be payable to another party by operation of the NFT metadata. All Fees must be paid in ETH.

All transactions involving the Offerings are final. All Fees are non-refundable.

9. POLICIES

To access the Offerings, you acknowledge NFTON's privacy and data security practices, which can be found by visiting our privacy policy at https://nfton.market/privacy-policy, and the Cookies Policy at https://nfton.market/cookie-policy.

10. INTELLECTUAL PROPERTY

10.1 NFTON only provides the Platform to you in accordance with these Terms and we grant you a non-exclusive, non-transferable, non-sublicensable licence to use the Platform and to engage with the Offerings (the "Licence").

10.2 Save as expressly set out in these Terms or as otherwise permitted by law, you may not make any communication, display or performance to the public of the content on the Platform or otherwise disseminate, sell, give away, hire, lease, offer or expose for sale or distribute the content on the Platform.

10.3 All "Intellectual Property Rights" means copyright and related rights (including rights in respect of software), design rights, database rights, trade names or get-ups, unregistered trade marks (including service marks, trade names and business names), registered trade marks, domain names, moral rights and rights in designs, know-how, any patents (including utility models and inventions), any other rights in inventions, discoveries and improvements, rights to use and protect the confidentiality of confidential information and any other industrial or intellectual property right subsisting in any country in the world (including, without limitation, applications for registration and the right to apply for any of the same in any country in the world) in each case for the full period thereof and all extensions and renewals thereof).

10.4 Other than the Licence, nothing in these Terms shall be construed as granting to you any rights in any Intellectual Property Rights comprised in the Platform, the User Content or the Offerings.

10.5 You confirm that you either own or have a licence to all right, title and interest in the Intellectual Property Rights relating to the data, material and content (including, but not limited to, personal data, publishing and recording music copyright, lyrics copyright, files, images and text) inputted or provided by you in the course of availing of the Offerings (your "User Content") and you shall have sole responsibility for and hereby warrant the legality, reliability, integrity, accuracy and quality of your User Content.

10.6 You grant us a perpetual, worldwide, non-exclusive, royalty free, transferable licence to use, reproduce and distribute your User Content on the Platform for the purposes of providing the Platform and the Offerings.

11. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHT INFRINGEMENT

11.1 Takedown Requests
11.1.1 NFTON will at its discretion respond to notices of alleged copyright/Intellectual Property Right infringement. If a User or other person believes that their Intellectual Property Rights have been infringed, they should notify us immediately.

11.2 Submission of Takedown Requests
11.2.1 Users may submit their takedown requests by using a webform on the Platform at the following address: https://nfton.market/contact-us.

12. PLATFORM RULES AND COMMUNITY STANDARDS

12.1 You should notify the Platform of any User Content submitted by other users of the Platform that you suspect may breach these Terms (including, in particular but without limitation, the Community Standards) or applicable law or regulations, by using a webform on the Platform at the following address: https://nfton.market/contact-us. When notifying the Platform of such User Content you must explain why you feel the User Content in question breaches the Terms, Community Standards or applicable law or regulations. If we are notified of User Content which allegedly breaches the Terms, Community Standards or applicable laws or regulations, we may investigate the allegation and determine at our sole discretion, whether there is a breach, whether a given user is responsible and whether to disable the responsible user's Account and/or to withdraw the responsible user's access to the Platform or any part thereof and/or whether to remove or suspend such User Content.

12.2 For the avoidance of doubt, we do not actively monitor User Content and, as such, are not responsible for and give no warranty or representation in relation to User Content. You agree and acknowledge that we are an information society service provider and are not under an obligation to generally monitor User Content.

12.3 Acceptable Uses
The Platform and other Offerings are reserved exclusively for lawful exchange of NFTs (the "Permitted Uses").

12.4 Prohibited Uses
Users must adhere to the following guidelines, which taken together with the Permitted Uses, form the "Community Standards". Users must not, directly or indirectly:
12.4.1 employ any device, scheme or artifice to defraud, or otherwise materially mislead NFTON, any member of the Community, including by impersonating or assuming any false identity;
12.4.2 engage in any act, practice or course of business that operates or would operate as a fraud or deceit upon NFTON or any member of the Community;
12.4.3 violate, breach or fail to comply with any applicable provision of these Terms or any other terms of service, privacy policy, trading policy or other contract governing the use of any the Offerings or any relevant NFTs;
12.4.4 use the Offerings by or on behalf of a competitor of NFTON or competing platform or service for the purpose of interfering with the Offerings to obtain a competitive advantage;
12.4.5 engage or attempt to engage in or assist any hack of or attack on the Platform, or any member of the Community, including any "sybil attack", "DoS attack" or "griefing attack" or theft of NFTs, or funds, or upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property or interfere with the Offerings;
12.4.6 create, buy, sell or use any NFT that infringes or in a manner infringing the Intellectual Property Rights or other proprietary rights of others, or upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws (including, copyright or trademark laws) or rights of privacy or publicity unless the applicable User owns or controls the rights thereto or has received all necessary consent to do the same;
12.4.7 commit any violation of applicable laws, rules or regulations;
12.4.8 use the Offerings in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
12.4.9 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other;
12.4.10 publish, post, distribute or disseminate any profane, obscene, pornographic indecent or unlawful Content, pictures, topic, name, material or information;
The foregoing matters are referred to in these Terms as "Prohibited Uses".

13. REPRESENTATIONS AND WARRANTIES OF USERS

13.1 User has conducted its own thorough independent investigation and analysis of the Platform and the other matters contemplated by these Terms, and has not relied upon any information, statement, omission, representation or warranty, express or implied, written or oral, made by or on behalf of NFTON in connection therewith, except as expressly set forth by NFTON in these Terms.

14. RISKS AND DISCLAIMERS

14.1 NFTON is a platform. NFTON is not a broker, financial institution, or creditor and the Offerings and Platform are a facilitating platform only. NFTON facilitates transactions between the buyer and seller but is not a party to any agreement between the Buyer and Seller of NFTs or between any users.

14.2 You bear full responsibility for verifying the identity, legitimacy, and authenticity of assets, materials and NFTs you purchase or transact on the Platform, notwithstanding indicators and messages that suggest verification, such as the "View Proof of Authenticity" tool. NFTON makes no claims about the identity, legitimacy, or authenticity of assets on the Platform.

14.3 No Responsibility for Content, NFTs; No Guarantee of Uniqueness or IP
NFTON shall have no responsibility for the NFTs created or traded by Users on the Platform. NFTON does not investigate and cannot guarantee or warrant the authenticity, originality, uniqueness, marketability, legality or value of any NFT created or traded by Users on the Platform. All content on the Platform is created by Users. NFTON makes no representations or warranties as to the quality, origin, or ownership of any content found in the Offerings. NFTON shall not be liable for any errors, misrepresentations, or omissions in, of, and about, the content, nor for the availability of the content. NFTON shall not be liable for any losses, injuries, or damages from the purchase, inability to purchase, display, or use of content on the Platform.

14.4 Third-Party Extensions and Content
References, links or referrals to or connections with or reliance on Third-Party resources, products, Offerings or content, including smart contracts developed or operated by Third Parties, may be provided to Users in connection with the Offerings. In addition, Third Parties may offer promotions related to the Offerings. NFTON does not endorse or assume any responsibility for any activities of or resources, products, services, content or promotions owned, controlled, operated or sponsored by Third Parties. If Users access any such resources, products, services or content or participate in any such promotions, Users do so solely at their own risk. Each User hereby expressly waives and releases NFTON from all liability arising from User's use of any such resources, products, services or content or participation in any such promotions. User further acknowledges and agrees that NFTON shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such resources, products, services, content or promotions from third parties.

14.5 Legal Limitations on Disclaimers
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply in full to specific Users. The disclaimers and limitations of liability provided in these terms shall apply to the fullest extent permitted by applicable law.

14.6 Officers, Directors, Etc.
All provisions of these Terms which disclaim or limit obligations or liabilities of NFTON shall also apply, mutatis mutandis, to the officers, directors, members, employees, independent contractors, agents, stockholders, debtholders and affiliates of NFTON.

14.7 Indemnification
Each User shall defend, indemnify, compensate, reimburse and hold harmless NFTON (and each of its officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to (a) User's use of, or conduct in connection with, the Offerings; (b) User's violation of these Terms or any other applicable policy or contract of NFTON; (c) User's violation of any rights of any other person or entity, and (d) User's violation of the rights of a Third-Party, including another user of MetaMask or Coinbase. User agrees to promptly notify NFTON of any Third-Party Claims and cooperate with NFTON in defending such claims. User further agrees that the NFTON parties shall have control of the defence or settlement of any Third-Party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and NFTON.

15. LIABILITY

15.1 The Platform, User Content and Offerings are provided "as is" by NFTON and NFTON hereby disclaims to the fullest extent permitted by law all warranties, either express or implied, including but not limited to implied warranties/conditions of accuracy, merchantability and fitness for a particular purpose or any other warranties or conditions implied by applicable law, with respect to the Platform, User Content and Offerings. We do not warrant or undertake that the Platform, User Content or Offerings or any other materials provided pursuant to these Terms will meet your requirements or that they or their access or use will be uninterrupted, free from viruses, bug or error or completely secure.

15.2 To the extent permitted by law, we, our officers and directors, and third parties connected to us, hereby exclude any liability for any indirect, consequential, special, incidental or exemplary loss or damage incurred by you in connection with the Platform or in connection with the use and/or results of the use of the Platform and any materials posted on them, including without limitation any liability for:
15.2.1 loss of income or revenue;
15.2.2 loss of business;
15.2.3 loss of profits or contracts;
15.2.4 loss of anticipated savings, the use of money or opportunity;
15.2.5 loss of data;
15.2.6 loss of goodwill or reputation;
15.2.7 work stoppage, device failure or malfunction; or
15.2.8 any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

15.3 The entire risk as to any use of, or reliance on, any User Content, communications, or other material or information accessible via the Platform by you is with you. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any User Content, or other material or information accessible via the Platform and/or Offerings.

15.4 While we endeavour to ensure that the Platform is normally available 24 hours a day, we are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software due to technical problems or traffic congestion on the internet or on any aspect of our Platform or combination thereof, including any injury or damage to your or to any person's device related to or resulting from use of the Platform. Access to the Platform may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

15.5 We will use reasonable endeavours to correct any errors or omissions in our Platform as soon as practicable upon notification of them. However, we do not guarantee that our Platform will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by using the webform on the Platform at the following address: https://nfton.market/contact-us.

15.6 We reserve the right at any time to modify or discontinue, temporarily or permanently, the Platform with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuation of the Platform.

15.7 You acknowledge that the Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform meet your requirements.

15.8 15.8 We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
15.8.1 use of, or inability to use, the Platform;
15.8.2 any applicable notice and take down obligations under eCommerce Directive 2000, or in respect of our procedures followed in Clause 11.1 or 11.2; or
15.8.3 use of or reliance on any content displayed on the Platform.

15.9 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. We will further not be liable for costs, charges, losses sustained or incurred by the user that arise directly or indirectly from any fraud, negligence or failure attributable to the Platform.

15.10 We assume no responsibility for the content of websites linked to or from the Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

15.11 We fully exclude all liability relating to the Platform in these Terms. Where a full exclusion is not possible, then subject to section 15.12, our maximum aggregate liability in respect of any claim or series of related claims, howsoever arising, whether in contract, tort (including negligence) or otherwise arising out of or in connection with these Terms shall in all circumstances not exceed one hundred euro €100.

15.12 Nothing in these Terms shall limit or exclude our liability for:
15.12.1 death or personal injury resulting from our negligence;
15.12.2 fraud or fraudulent misrepresentation; and
15.12.3 any other liability that cannot be excluded or limited by law.

15.13 You shall be liable to pay to us all reasonable costs, charges or losses sustained or incurred by us that arise directly or indirectly from your fraud, negligence, failure to perform or delay in the performance of any of your obligations, subject to our confirming such costs, charges and losses to you in writing.

16. NO WAIVER

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

17. SEVERABILITY

If any provision of these Terms is judged to be invalid, illegal or unenforceable, this shall not affect or impact the continuation in full force and effect of the remainder of the provisions.

18. ASSIGNMENT AND SUB-LICENSING

18.1 You may not assign, novate, sub-contract or otherwise transfer part or all of these Terms or any rights or obligations under these Terms without our prior written consent.

18.2 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these Terms.

19. FORCE MAJEURE

19.1 We shall not be liable to for any delay or non-performance of its obligations under these Terms arising from any cause beyond our control including without limitation:
19.1.1 acts of God, flood, drought, earthquake or other natural disaster;
19.1.2 epidemic or pandemic;
19.1.3 terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
19.1.4 nuclear, chemical or biological contamination or sonic boom;
19.1.5 any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
19.1.6 collapse of buildings, fire, explosion or accident;
19.1.7 interruption or failure of utility service; or
19.1.8 or any other act or omission whether similar to the foregoing or not.

20. PUBLICITY AND ANNOUNCEMENTS

20.1 You shall not make, or cause to be made at any time any statement (whether of fact, belief or opinion) which directly or indirectly disparages, is inimical, critical or derogatory to or damages the reputation of NFTON, whether such statement is in relation to the Offerings, Platform or otherwise.

21. AMENDMENTS AND MODIFICATIONS

These Terms may only be amended, modified, altered or supplemented by or with the written consent of NFTON. NFTON reserves, the right, in its sole and absolute discretion, to amend, modify, alter or supplement these Terms from time to time. The most current version of these Terms will be posted on the Platform. Any changes or modifications will be effective immediately upon the modified Agreement being posted to the Platform. User shall be responsible for reviewing and becoming familiar with any such modifications. User hereby waives any right a User may have to receive specific notice of such changes or modifications. Use of the Offerings by a User after any modification of these Terms constitutes a User's acceptance of the modified terms and conditions. If a User do not agree to any such modifications, a User must immediately stop using the Offerings.

22. GOVERNING LAW AND SETTLEMENT

22.1 These Terms shall be governed by and construed in accordance with Monaco law and you agree to submit to the exclusive jurisdiction of the Monaco courts.

22.2 Settlement Negotiations
If a User has a potential legal dispute, claim or cause of action against NFTON, the User shall first (prior to initiating any litigation proceedings) contact NFTON by using the webform on the Platform at the following address: https://nfton.market/contact-us, describing the nature of the potential dispute, claim or cause of action and providing all relevant documentation and evidence thereof. If so elected by NFTON, User shall use commercially reasonable efforts to negotiate a settlement of any such legal dispute, claim or cause of action within 60 days of the delivery of such email. Any such dispute, claim or cause of action that is not finally resolved by a binding, written settlement agreement within such 60 days shall be brought and resolved exclusively in accordance with the following provisions of this Clause 22.

23. ENTIRE AGREEMENT

These Terms and any notices raised by us on our Platform from time to time constitute the entire agreement between you and NFTON regarding the use of the Platform and the Offerings.

Please contact us by using the webform on the Platform at the following address: https://nfton.market/contact-us, if you have any queries in relation to these Terms.