By performing any one of the below-listed actions, you agree to this Agreement and all of the terms incorporated herein by reference. If you do not agree to this Agreement, you may not Access or Use the Site or Purchase the NFTs or any other Cryptographysic Digital Assets or any other services offered by
COMPLETING THE ACCOUNT REGISTRATION PROCESS.
USING OUR SERVICES.
LINKED META MASK OR OTHER WEB3 WALLETS.
PURCHASING CRYPTOGRAPHIC DIGITAL ASSETS.
CREATING/MINTING AND/OR TRADING, BURNING, TRANSFERRING OR RECEIVING ANY DIGITAL ASSET/NFT THAT WAS CREATED THROUGH NFTmall DAPP & DEX SYSTEM.
USING, TRANSFERRING, VOTING, BUYING, SELLING, OR RECEIVING THE GEM TOKEN.
NFTmall reserves the right to change or modify/update or cancel this Agreement at any time and at its sole discretion. If we make changes to this Agreement, we will provide notice of such changes, such as by sending an email notification and providing notice through the
Website. By continuing to access or use the
website, you confirm your acceptance of the revised Agreement and all of the terms incorporated therein by reference. We encourage you to review the Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the Site. If you do not agree to the revised Agreement, you may not access or use the
1.1 NFT/Digital Asset
→ "NFT/Digital Asset" means Ethereum-based cryptographic tokens complying with the ERC-721 standard, ERC-1155 standard, or any other similar token standards.
→ "Digital Asset Content/Materials" means the association on Ethereum of an NFT conforming to the ERC-721 Metadata, JSON Schema, ERC-1155 Metadata, or URI JSON.
→ “The Digital Asset ID” ID/HASH of a Digital Asset specifies the properties of the Digital Asset, including the name and description of the Digital Asset (the "Digital Asset Description"), a URI identifying any image file associated with the Digital Asset (the "Digital Asset Image") and potentially other "metadata" associated with the Digital Asset (the Digital Asset Description, Digital Asset Image and such other metadata, collectively, the "Digital Asset Metadata"). The Digital Asset Metadata for Digital Assets created through the NFTmall DApps is typically stored on IPFS or on other decentralised storage services through an IPFS node operated by NFTmall. The Digital Asset Metadata for Digital Asset created outside the NFTmall DApps may be stored in other ways, depending on how such Digital Assets were created.
is an open-to-mint, decentralised NFT marketplace & Launchpad, where we do not have control over the creation/mint of NFT and uploading of the work, we do not guarantee the originality or authenticity of the works uploaded. Digital Asset Creator and Digital Asset Collector/Buyer Rights are clearly outlined in Sections 2.6 and 2.7. If there are any disputes or copyright issues, please write in with full details to
may decide to delist or make certain NFTs unavailable for search or display or for trading at our discretion. Such decisions will be in extreme circumstances such as when a copyright claim has been lodged or is in dispute. Such NFTs may still be visible on Third-party sites where the request for removal shall be directed to the third-party sites directly.
1.2 GEM/cryptographic asset
→ "Offerings" means the services offered, including Buying or Selling of GEM or any other Cryptographysic Digital Asset on
and all uses thereof, the NFTmall DApps, NFTmall DEX System, NFTmall DAO(NFTmall Governance Platform).
" means the consumer software web3 applications created, operated, and made publicly available by
for transactions involving Digital Assets and the NFTmall’s DEX & DApp Systems. On the date these Terms were first published, the NFTmall DApps consisted of the world wide web application hosted at
(the "NFTmall Website"). In the future, NFTmall may release one or more mobile applications (i.g. "NFTmall AR & NFT verification Mobile App").
(V). "NFTmall DAO" means the unincorporated association of
holders. (VI) ”NFTmall DEX System" means the bytecodes (aka "smart contracts") for creating, buying, selling, and transferring NFTs/Digital assets that are officially supported in the NFTmall DApps. The NFTmall DEX System is comprised of the bytecodes deployed to the following BSC network and other blockchain networks and is visible on the NFTmall official GitHub. (VII) "NFTmall Governance Platform" means the websites, forums, technologies, and methods established from time to time by NFTmall for the coordination, voting and other official activities of GEM holders in connection with the NFTmall DAO. (IX) "
/NFTmall Platform" means the NFTmall DApps and NFTmall DEX System, collectively.
"BSC" means the Binance Smart chain and in the case of a fork, the chain that is legitimately acknowledged to be the BSC chain by the BSC Foundation.
2.1 User responsible for accounts / addresses.
Users are responsible for all matters relating to their accounts (if any) on the NFTmall DApps or the blockchain accounts or addresses through which they interact with the Offerings, and for ensuring that all use thereof complies fully with these Terms. Users are responsible for protecting the confidentiality of their login information and passwords (if applicable) for the NFTmall DApps or the private keys controlling the relevant blockchain accounts or addresses through which they interact with the Offerings.
2.2 Right to discontinue offerings.
NFTmall shall have the right at any time to delist, change or discontinue any or all aspects or features of any Offerings.
2.3 Right To deny access to offerings.
NFTmall reserves the right to terminate a User's access to or use of any or all of the Offerings at any time, with or without notice, for violation of these Terms or for any other reason, or based on the discretion of NFTmall.
2.5 Terms for digital asset/NFT creator.
The Digital Asset/ NFT Creator reserves all exclusive copyrights including both legal and commercial to minted Digital Asset / NFT, including but not limited to the, preparing derivative works, displaying, commercially marketing, performing, distributing, holding, listing or selling of the Digital asset/NFTs in
or any other platform.
Digital Asset/NFT Creator expressly represents and warrants that their Mints of Digital Asset are original or owned/ content/creation of their own. Creators are prohibited from selling Products that consist of unlicensed or unauthorised copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Creator, not authorised for use by the Creator, not in the public domain, or otherwise without a valid claim of fair use.
Creator expressly represents and warrants that their Digital Assets/NFT Minted or listed on
contain only original content of their own or owned, otherwise authorised for use by the original Content Creator or owner. To the extent a Product contains unoriginal content, including content from Products by other Creators, the Creator further represents and warrants that it has permission to incorporate the unoriginal content.
Digital Asset/NFT Creator represents and warrants that the display or performance of the Product for sell on the Platform is not a violation of any agreement, contract, or obligation owed to a third party.
Digital Asset/NFT Creator hereby agrees to indemnify NFTmall and be held liable for any claim against NFTmall arising out of the Digital Asset Creator’s breach of these Terms. Digital asset/NFT creator or NFT owner hereby agrees that
reserves all the right to market, use/display, and commercially use the image/file of the digital asset minted or listed on its website including (INO) platform page or any other third party platforms or media.
Digital Asset/NFT Creator hereby releases and forever discharges
from any damages or causes of action resulting from a sell of any of the Creator's listed Products occurring after the Creator's breach of these Terms.
2.6 Digital asset/NFT creator rights.
The Digital Asset/ NFT Creator owns all legal & Commercial rights, titles, and interests in all intellectual property rights to the creative Digital asset underlying the Products minted by the Creator/user on the Platform, including but not limited to copyrights and trademarks. As the copyright owner, the Creator enjoys several exclusive rights to the Digital Asset, including the right to prepare derivative Digital Asset, the right to distribute, and the right to display or commercially market the Asset/NFT.
Creators hereby acknowledge, understand, and agree that selling a Digital Asset / NFT on NFTmall constitutes an express representation, warranty, and covenant that the Creator has not, will not, and will not cause another to sell, tokenize, or create another cryptographic token representing a digital Digital Asset for the same minted content. Except without limitation, the Creator's ability to sell, tokenize or create a cryptographic token or other digital assets representing a legal, economic, or other interest relating to any of the exclusive rights belonging to the Creator under copyright & commercial laws.
The Digital Asset/ NFT Creator hereby acknowledges, understands, and agrees that by Minting or Listing a Digital Asset / NFT on NFTmall constitutes an express and affirmative license to NFTmall, a non -exclusive, world-wide, assignable, sublicensable, perpetual, and royalty-free license to display, perform, market and distribute the Digital Asset on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising the Site, or any other purpose related to NFTmall, including without limitation, the express right to: (i) display or perform the Digital Assets on the Site, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) create and distribute digital or physical derivative Digital Asset based on the Digital Asset; (iii) indexing the Digital Asset in electronic databases, indexes, catalogues; and (iv) hosting, storing, distributing, one or more copies of the Digital Asset within a distributed file keeping system, node cluster, or other database (e.g. IPFS), or causing, directing, or soliciting others to do so.
Creators irrevocably release, acquit, and forever discharge NFTmall and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for NFTmall's use of a Digital Asset/ NFT in accordance with these Terms.
2.7 Digital asset collector/buyer rights.
The Digital Asset Collector/Buyer receive a cryptographic token representing the image/ file of a Digital Asset / NFT Creator's creative content as a piece of property but does not own the creative work copyright / Royalty itself. However, it depends/ is open to the digital asset/ NFT collection owner to offer/ license all kinds of commercial rights to the Digital Asset Collectors. Digital Asset owner/ colletor may show off their ownership of collected items/ Products by displaying and sharing the item/Product, but Collectors do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the Digital item/ Product, except the limited license granted by these Terms to Digital Assets/ NFTs by its minter/ creator.
Collectors receive a non-limited, worldwide, non-assignable, non-sublicensable, royalty-free license to list, sell or display the Digital Asset/ NFT legally, owned or collected by the Collector.
The Collector's license to display the Digital Asset, includes, but is not limited to, the right to display the Digital Asset privately or publicly: (i) for the purpose of promoting or sharing the Collector's purchase, ownership, or interest, (ii) for the purpose of sharing, promoting, discussing, or commenting on the Digital Asset; (iii) on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the Digital Asset; and (iv) within virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments.
The Collector agrees that they are not permitted, nor permit any third party to do, or attempt to do, any of the foregoing without the Creator's express prior written consent in each case or stated explicitly in the description of the NFT. (i) modify, distort, mutilate, or perform any other modification to the Work which would be prejudicial to the Creator's honour or reputation; (ii) use the Digital Asset to advertise, market, or sell any third party product or service; (iii) use the Digital Asset/NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) incorporate the Digital Asset/ NFT in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these Terms or solely for your Collector's personal, non-commercial use; (v) sell, distribute for commercial gain, or otherwise commercialise merchandise that includes, contains, or consists of the Digital Asset/ NFT; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Digital Asset; (vii) attempt to mint, tokenize, or create an additional cryptographic token representing the same Digital Asset, whether on or off of the
Platform; (viii) falsify, misrepresent, or conceal the authorship of the Digital Asset or the Product; or (ix) otherwise utilise the Digital Asset for the Collector's or any third party's commercial benefit.
Collectors irrevocably release, acquit, and forever discharge NFTmall and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for NFTmall's use of a Digital Asset/NFTs in accordance with these Terms.
2.8 Display, market or sell on third-party platforms.
In the event that a Digital Asset/NFT has been deemed banned after “Mint” in a specific Blockchain network due to legal, copyright or illegal content, unauthorised, unowned/stolen content, counterfeiting and has ceased to be displayed or allowed to be traded and listed on the
even if it been minted using
. However, there can be third-party marketplaces where such Digital Assets/NFT may still be able to be displayed/listed and traded. Both Digital Asset/NFTCreator and Collector agree and will indemnify NFTmall from any claims arising from such a situation. Any claims of Digital Asset/NFT displayed, listed or traded by third-party sites should be directed to the third-party site/ platforms or company without the involvement or assistance of NFTmall.
2.9 Ownership & copyright notice.
" Website, Its
, Its Intellectual properties, It's Minted or owned Digital Assets, and its logo/ logos are trademarks & Property of
. All rights reserved. All other trademarks, logos, website links and Digital Assets/NFTs appearing or listed on its Offerings or on the
website are the property of their respective owners.
3.1 Account opening and operation.
Consent to access, process, and store your personally identifiable information ("PII").
Signing in & out.
You may sign in & out of the Site by “Connecting” or “ Disconnecting” your web3 wallet from
at any time, for any reason. You can do this by going onto the site and clicking “Connect” or "Disconnect".
Connecting web3 wallets.
In order to use certain features of the Site, you must connect an acceptable wallet such as Metamask to the Site ("Wallet"). You represent and warrant that you are the exclusive owner and controller of the Wallet. You are responsible for maintaining the confidentiality of any financial information related to your Wallet.
Creating a profile.
Once you have connected your Wallet, you may choose to create a profile on the Site by choosing a username and uploading an avatar. If you choose to create a profile, you may choose a username.
Deleting your profile.
You can/are allowed, permanently delete your user profile created on
By creating an Account, you also consent to receive electronic communications from NFTmall (e.g. via email or any social media). These communications may include notices about your Account (e.g. password changes, other transactional information or future mandatory request for information required by law) 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.
3.3 Use of dapps/tools.
You must use any dapps/tools (i.e. Web3 wallet) necessary to connect to
and its services. Including but not limited to, a PC or a mobile device that is suitable to connect with and use the Site and services, in cases where the Site offers a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing
or its services.
3.4 Access via mobile app.
4.1 Nature of NFTmall DEX system.
The NFTmall DEX System is a public software utility( Smart Contracts) deployed on Multiple Blockchain, which is accessible directly through any Ethereum node or indirectly through any compatible Web3 "wallet" application which interacts with such a node. Through the NFTmall DEX System, any person may create/ mint, buy, sell, and transfer Digital assets/ NFTs.
4.2 Relationship of NFTmall DEX system and NFTmall Dapps.
Interacting with the NFTmall DEX System does not require the use of the NFTmall DApps, but the NFTmall DApps provide a potentially more convenient and user-friendly method of reading and displaying data (including Digital Asset Metadata) from the NFTmall DEX System and generating standard transaction messages compatible with the NFTmall DEX System. Interacting with the NFTmall DEX System through the NFTmall DApps requires the use of an independent, User-operated Web3 wallet application through which the user may broadcast the transaction message to BSC or Any Other blockchain network processing by the requested blockchain nodes. The NFTmall DApps may be used to generate standard transaction messages for interacting with the NFTmall DEX System and transmitting those messages to the wallet application. Through the wallet application, a User may broadcast the transaction message to BSC or Any Other blockchain for processing by requested blockchain nodes. Assuming normal operation of the wallet and the relevant blockchain nodes, the blockchain nodes should utilise such transaction messages to make function calls against the relevant bytecode, and ultimately include the results of such computations in a Blockchain transaction block, thus effectuating an interaction with the NFTmall DEX System.
4.3 License to use the NFTmall DEX.
Each User, subject to and conditioned upon such User's acceptance of and adherence to these Terms, is hereby granted a non-transferable, personal, non-sublicensable license to use the NFTmall DEX System its Smart Contracts and NFTmall DApps for their intended purposes.
4.4 Update & modification to NFTmall DEX System.
NFTmall may, from time to time update the list of smart contracts which are included in the NFTmall DEX System by adding or removing bytecode addresses from the official list of smart contracts supported by the NFTmall DApps, including pursuant to upgrades, forks, security incident responses or chain migrations. In the event, any bytecode is removed from the NFTmall DEX System, users may no longer be able to interact with or read the data that is associated with such bytecode through the NFTmall DApps. It is intended (though cannot be guaranteed) that Users would continue to be able to interact with such bytecode directly through any BLOCKCHAIN node or indirectly through any compatible WEB3 wallet application, but such interactions may require technical expertise beyond those of most users.
4.5 Digital asset/NFT content.
All NFT/Digital Assets content minted or listed on the
is created by Users. NFTmall makes no representations or warranties as to the quality, origin, or ownership of any content found in the Offerings. NFTmall shall not be liable for any errors, misrepresentations, or omissions in, of, and about, the content, nor for the availability of the content. NFTmall shall not be liable for any losses, injuries, or damages from the purchase, inability to purchase, display, or use of content.
Copyright infringement removal requests.
NFTmall will respond to notices of alleged copyright infringement. Please contact us with details of the copyright jurisdiction, your proof of copyright ownership, the item said to be infringed, a signed legal declaration and your legal contact details to email:
Fees are collected on this platform through NFT/ Digital Asset transactions, in order to support the NFTmall platform through a buyback scheme and distribution at 60% to stakers, 10% buyback and burn GEM and 30% to NFTmall Treasury, Fees will be payable by GEM, BNB or any other form of Crypto Currency but can be changed at the discretion of NFTmall. All fees are collected in GEM, BNB or Any Other form of Crypto Currency.
During inception, the Creator will receive 100% of the primary sales proceeds and NFTmall will receive ZERO additional as Royalty fees and Royalty fees are chosen by NFT/Digital asset Creator. While the secondary market sales will generate a royalty of chosen % for the NFT Creator. And NFTmall does not receive any additional as Royalty Fees. All fees are processed through one or several smart contracts on the BSC and many other Blockchain Networks and the NFT/ Digital Asset Buyer authorises the automatic collection and disbursement of the creator's royalty.
Automated collection and disbursement of fees.
The User agrees and understands that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the Smart Contracts on the blockchain network. By transacting on the platform and by using the Smart Contracts, the User hereby acknowledges, consents to, and accepts all automated fees, commissions, and royalties for the sale of Items on the NFTmall Platform. The User hereby consents to and agrees to be bound by the Smart Contracts' execution and distribution of the fees, commissions, and royalties. Users hereby waive any entitlement to royalties or fees paid to another by operation of the Smart Contracts.
Consent to automated royalties to creators.
The User consents to the automated collection and disbursement to Creators of Royalties for Market sells of Minted NFT/Digital Asset items.
No representations on price.
Users acknowledge and consent to the risk that the price of a Digital Asset/NFT purchased on
or any other platforms may/ may not have been influenced by the User's activity, which is outside the control of
does not represent, guarantee, or warrant the accuracy or fairness of the price of any Digital asset sold or offered for sell on or off of the Marketplace. The User agrees and acknowledges that
is not a fiduciary nor owes any duties to any User of the platform, including the duty to ensure any fair pricing of digital assets minted/listed or to control the User behaviour on the
NFTmall does not generally collect any Fees, Commissions for transactions occurring outside of the NFTmall Marketplace and not involving the NFTmall Smart Contracts. To support the NFTmall and the Platform, we encourage NFT creators to list the minted digital items for sell on the NFTmall Marketplace, however, NFT/Digital Asset creators are permitted to sell, list or transfer their NFT items on third-party marketplaces, since all Digital Assets minted are stored on Digital Asset creator Web3 wallet. The Creator and all other Users hereby waive any entitlement to royalties or fees for off-market transactions. The User irrevocably releases, acquits, and forever discharges NFTmall and its subsidiaries, affiliates, officers, and successors of any liability for royalties, fines, or Fees not received by the User from any off-market transaction.
All transactions are final and non-reversible.
All transactions that are done are subject to the immutable nature of the BNB Chain or Any Other Blockchain Network and can not be reversed and are final once it is confirmed by the users.
6.2 Prohibited uses.
NFTmall is an open and decentralised platform that operates
full transparency and requires all participants to avoid malicious actions that may harm the platform or the users. Thus, Users are prohibited from the following:
→ deploying any apps or unauthorised web links, scheme or artifice to defraud, or otherwise materially misleading, and/or engaging in any act, practice, or course of business resulting in the fraudulent act on
or on its social media pages/Communities, including impersonating or assuming any false identity.
Creating/minting, buying, selling, or using any Digital Asset/NFT that infringes upon or in a manner infringes upon the copyright, trademark, patent, trade secret, or any other intellectual property or any other legal or commercial proprietary rights of others.
Users are expressly forbidden from accepting, soliciting, offering, bidding, engaging with the Smart Contracts, or otherwise transacting off of the
Platform with the intent to artificially devalue, inflate, or otherwise deceptively influence, misrepresent, or cause to be misrepresented, the price of a Digital Asset/NFT Minted or listed on
, groups of NFTmall Items, or NFTmall Items created by particular Creators.
Engaging or attempting to engage in or assist any hack of, or attack, on the NFTmall DApps, NFTmall DEX(Smart Contracts)System, NFTmall DAO, or any member of the NFTmall Community, including any form of attack or theft of Digital Assets minted using
, GEM or funds, or upload of files that contain malicious content that may damage the operation of another's a computer or intellectual property.
Users are expressly forbidden & agree not to engage in any conduct that may prevent competitive healthy trading of Digital Assets/NFTs on the NFTmall Marketplace, such as but not limited to, "puffing," "chill bidding," "shill bidding," "sham bidding," "sock puppet bidding," or "wash trading".
Users are expressly forbidden from engaging in any transaction on the NFTmall Marketplace for the purpose of concealing economic activity not relating to NFTmall Item transactions. For example, and without limitation, Users are forbidden from using the Marketplace to launder money, conceal or transfer proceeds relating to criminal activity, or make payments to people for consideration other than an NFTmall Item.
Users agree to report suspicious market activity of other NFTmall Users. If a User suspects that one or more NFTmall Users are in violation of these Terms, the User should promptly inform the NFTmall team at
The User hereby agrees and acknowledges that any forbidden
conduct described herein may be a violation of national or international law and/or of NFTmall Terms. NFTmall hereby reserves the right to completely or partially restrict or revoke a User's access to the Site for violating these Terms.
NFTmall reserves the right to continue or extend the time of an auction, close an auction, retract bids, and/or re-list any Items which may have been acquired or attempted to have been acquired by a User(s) in violation of these Terms. NFTmall reserves the right to amend, rectify, edit, or otherwise alter NFTmall Market transaction data to mitigate market harm caused by a User's violation of these terms.
The User irrevocably releases, acquits, and forever discharges NFTmall and its subsidiaries, affiliates, officers, and successors for and against any and all present, past or future causes of action, suits, or controversies arising out of another User's violation of the NFTmall Marketplace code of 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 Site or participating in any Auction. You agree that you will abide by this Agreement and will not:
Use or attempt to use another user's Account or identity without authorization from such user.
Use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden, or impair the functioning of the Site in any manner.
Reverse engineer any aspect of the Site, or do 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 Site.
Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Site that you are not authorised to access.
Use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorised by us to access the Site, extract data or otherwise interfere with or modify the rendering of Site pages or functionality.
Bypass or ignore instructions that control all automated access to the Site.
Use the Site for any illegal or unauthorised purpose, or engage in, encourage or promote any activity that violates this Agreement.
platform to carry out any illegal activities, including but not limited to the minting of copyright-protected content without valid authorisation, money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the
All Digital Assets Minted on the Platform are subject to the NFTmall License, the terms of which are described here. All users who Mint, List or Trade an NFT/ Digital Asset acknowledge and agree to accept the NFT/Digital Asset subject to the conditions of the License.
Ownership of a digital asset on
By minting/buying a Digital Asset on
Creator rights and restrictions.
The Creator owns all legal rights, titles, and interests in all intellectual property rights to creative Digital Assets created/minted on
, including but not limited to its copyrights and trademarks. As the owner, the Creator enjoys several exclusive rights to the Work, including the right to reproduce, the right to prepare derivative works, the right to distribute, and the right to display or perform the Art. Subject to, and in accordance with these Terms, the Creator hereby acknowledges, understands, and agrees that Minting a Digital Asset/NFT on the Platform constitutes an express and affirmative license rights to the Work to all subsequent Owners of the NFTmall Item, as provided herein.
The collector license.
Buying a Digital Asset/NFT from
means that it is inherently easier to share on socials, markets, trades, displays, and materialise. Our community guide encourages Creators/Collectors to show off, promote, and share their Minted/Collected Digital Assets. but the Collectors may not infringe on any of the exclusive rights of the copyright holder (i.e. the Creator). Collectors receive a limited, worldwide, non-assignable, non-sublicensable, royalty-free license to own, market or Trade.
Collectors can market/list on third-party platforms.
The Collector's license to display/market the Digital Asset/NFT, List the Asset or perform the Work in the case of audiovisual works, includes, but is not limited to, the right to display or perform the Work privately or publicly: (i) for the purpose of promoting or sharing the Collector's purchase, ownership, or interest in the Work, for example, on social media platforms, blogs, digital galleries, or other Internet-based media platforms; (ii) for the purpose of sharing, promoting, discussing, or commenting on the Work; (iii) on third party Marketplaces, exchanges, Platforms, or applications in association with an offer to sell, or trade, the Token associated with Asset; and (iv) within decentralised virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments, including the simultaneous display of multiple copies of the Asset within one or more virtual environments.
Collectors may or may not make commercial use.
Restrictions on the collector's license.
The Collector agrees that it may not, nor permit any third party to, do or attempt to do any of the foregoing without the Creator's express prior written consent in each case: (i) modify, distort, mutilate, or perform any other modification to the Work which would be prejudicial to the Creator's honour or reputation; (ii) use the Work to advertise, market, or sell any third party product or service; (iii) use the Work in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) incorporate the Work in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these Terms or solely for your Collector's personal, non-commercial use; (v) sell, distribute for commercial gain, or otherwise commercialise merchandise that includes, contains, or consists of the Work; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Work; (vii) attempt to Mint, tokenize, or create an additional cryptographic token representing the same Work, whether on or off of the NFTmall Platform; (viii) falsify, misrepresent, or conceal the authorship of the Work or the NFTmall Item; or (ix) otherwise utilise the Work for the Collector's or any third party's commercial benefits.
All attached permissive license belongs to the current digital asset owner.
The User agrees and acknowledges that the lawful ownership, possession, and title to a Digital Asset is a necessary and sufficient condition precedent to receiving the license rights to the Digital Assets by these Terms. Any subsequent transfer, dispossession, trading, or other relinquishments of a Digital Asset will immediately terminate the former Owner's rights and interest in the license and applies to the current Digital Asset owner as provided by these Terms.
Creator agrees not to mint NFT/digital assets with illegal/ copyright infringement content.
Creator hereby acknowledges, understands, and agrees that Minting a Digital Asset on the Platform constitutes an express representation, warranty, and covenant that the Creator has not, will not, and will not cause another to Mint, tokenize, or create any cryptographic token representing a Digital Asset/NFT with the infringement, theft or stolen content. NFT/Digital Asset on
excepting, without limitation, the Creator's ability to Mint, tokenize, or create a cryptographic token or other digital asset representing a legal, economic, or other interest relating to any of the exclusive rights belonging to the Creator under copyright law.
Creator grants NFTmall a license to all mints.
The Creator hereby acknowledges, understands, and agrees that Minting a Work on the Platform constitutes an express and affirmative grant to NFTmall, its affiliates and successors, a non-exclusive, world-wide, assignable, sublicensable, perpetual, and royalty-free license to make copies of, display, perform, reproduce, and distribute the Work on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising the Platform, the Site, the Marketplace, or any other purpose related to the NFTmall Platform or business, including without limitation, the express right to: (i) display or perform the Work on the Site, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) create and distribute digital or physical derivative works based on the Work, including without limitation, compilations, collective works, and anthologies; (iii) indexing the Work in electronic databases, indexes, catalogues, the Smart Contracts, or ledgers; and (iv) hosting, storing, distributing, and reproducing one or more copies of the Work within a distributed file keeping system, node cluster, or other databases (e.g. Pinata,IPFS) or causing, directing, or soliciting others to do so.
Creator grants collector permissible usages.
The Creator may grant the Collector license to the copyrights, commercial rights or any other permissible usages in addition to NFTmall standard licensing by clearly stating this exception which may include the sells of Copyright or other permissible usages.
from copyright or any other claims.
The Creator and all Users irrevocably release, acquit, and forever discharge NFTmall and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for NFTmall's use of a Work in accordance with these Terms, including without limitation, NFTmall's solicitation, encouragement, or request for Users or third parties to host the Work for the purpose of operating a distributed database and NFTmall's deployment or distribution of a reward, a token, or other digital assets to Users or third parties for hosting Works on a distributed database.
8.1 Purposes of NFTmall DAO.
The NFTmall DAO is established by NFTmall to foster community among the Creators, collectors, traders, and other users of the NFTmall Platform (the "
") and provide them with a voice in how the NFTmall Platform is run, and maintained, marketed, improved, and otherwise governed ("Governance Decisions").
8.2 Purposes of GEM.
GEM tokens are intended to be utilized by the
Community to make participation in the NFTmall DAO, including by voting on proposed Governance Decisions ("Governance Proposals").
8.3 NFTmall DAO.
The NFTmall DAO is intended to be the caretaker of the NFTmall platform through governance decisions by GEM token holders. The governance platform shall be developed and deployed as a fully automated solution responsible for all major decisions including the Platform Fees and allocations for platform maintenance and growth.
9.1 GEM supply
The total number of GEM is fixed at 20,000,000 GEM (the "Total Supply").
9.2 Overview of GEM allocation and distribution
NFTmall has published its intention to allocate the total supply as follows:
GEM Token Distribution:
5% (1 million) for Private sell.
15% (3 million) for Public sell.
5% (1 million) for Exchange Liquidity.
2% (0.4 million) for Liquidity Mining.
30% (6 million) for Marketplace Mining.
15% (3 million) for Marketing & Educational Program.
5% (1 million) for Technical Bounty & Hackathon.
5% (1 million) for Strategic Partnerships.
8% (1.6 million) for Team & Advisors.
10% (2 million) for Foundational Reserve.
Each User hereby represents and warrants to NFTmall that the following statements and information are accurate and complete at all relevant times. In the event that any such statement or information becomes untrue as to a User, said User shall immediately divest and cease using all GEM and cease accessing and using all other Offerings.
If a User is an individual, said User is of legal age in the jurisdiction in which the User resides (and in any event is older than thirteen years of age) and is of sound mind. If a User is a business entity, said User is duly organized, validly existing, and in good standing under the laws of the jurisdiction in which it is organized, and has all requisite power and authority for a business entity of its type to carry on its business as presently conducted.
10.2 Power and Authority.
A User has all requisite capacity, power, and authority to accept the Terms and Conditions of these Terms, and to carry out and perform its obligations under these Terms. These Terms constitute a legal, valid and binding obligation of any User and are enforceable against any User in accordance with its terms.
10.3 No conflict; compliance with the law.
A User agreeing to these Terms and buying, selling, holding, using, or receiving GEM accepts that said actions do not constitute, and would not reasonably be expected to result in (with or without notice, the lapse of time, or both) a breach, default, contravention, or violation of any law applicable to said User, or any contract or agreement to which said User is a party or by which the User is bound.
10.4 Absence of sanctions.
User is not (and, if User is an entity, User is not owned or controlled by any other person who is), acting on behalf of any other person who is identified on any list of prohibited parties under any law or by any nation or government, state, or other political subdivision thereof, any entity exercising legislative, judicial, or administrative functions of, or pertaining to a government, such as the lists maintained by the United Nations Security Council, the U.S. Government (including the U.S. Treasury Department's Specially Designated Nationals list and Foreign Sanctions Evaders list), the European Union (EU) or its member states, and the government of the User's home country. User is not, (and, if User is an entity, User is not owned or controlled by any other person who is), acting on behalf of any other person who is located in, an ordinarily resident of, organized, established, or domiciled in Venezuela, Cuba, I.R. Iran, North Korea, Sudan, Syria, the Crimea region (including Sevastopol), or any other country or jurisdiction against which the U.S. maintains economic sanctions or an arms embargo. The tokens or other Digital Assets a User uses to participate in the
platform to acquire Digital assets/NFTs or GEM are not derived from and do not otherwise represent the proceeds of, any activities that are done in violation or contravention of any law.
10.5 No liability or compensation.
User understands and agrees that the User's buy, sell, holding, transfer, burn and use of GEM in
and any other Platforms does not: (a) represent or constitute a loan or a contribution of capital to, or other investment in
or any NFTmalls venture; (b) provide User with any ownership interest, equity, security, or right to or interest in the assets, rights, properties, revenues or profits in NFTmall or any other business or venture; and (c) create or imply or entitle User to the benefits of any fiduciary or other agency relationship between NFTmall or any of its director, officers, employees, ambassadors, agents or affiliates, on the one hand, and Users on the other hand. The user is not entering into these Terms or buying, selling, holding, receiving or using GEM for the purpose of making an investment with respect to NFTmall or its securities, but solely wishes to use the
Platform for its intended purposes and participate in the NFTmall DAO in order to participate in the protection and improvement of the use and enjoyment of the
Platform for such purposes. The user understands and agrees that
does not accept or take custody of any NFT/Digital Assets, GEM or Any other Cryptocurrencies, or Any other Digital assets of User Web3 wallet and has no responsibility or control over it.
The user is knowledgeable, experienced, and sophisticated in using and evaluating blockchains and blockchain-related technologies and assets, including NFTs/Digital Assets, EVM and "smart contracts" (bytecode deployed to Ethereum or another blockchain). User has conducted its own thorough independent investigation and analysis of the
Platform, GEM, and all 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
in connection therewith, except as expressly set forth by
in these Terms.
The risks associated with Blockchain Technology also apply to
. The technology utilized in delivering the Offerings depends on public peer-to-peer networks such as BNB Chain and others that are not under the control or influence of
and are subject to many risks and uncertainties. Such technologies include the NFTmall DEX System, which NFTmall may have limited or no ability to change, other than ceasing to support certain "smart contracts" and adding support for new "smart contracts".
Hacked, theft, bugged.
In the event of a user's web3 wallet is affected by malfunctions, bugs, defects, hacked, theft, or losing web3 wallet passphrases. Users may be exposed to a risk of total loss and forfeiture of all Digital Asset tokens, GEM, and other relevant cryptographic digital assets.
takes no liability or responsibility for any of these foregoing matters.
The cryptocurrency and blockchain industry is subject to changing regulatory environments. At the moment, the current FATF Travel Rule does not require AML/KYC for non-custodial exchange platforms such as Uniswap, Pancakeswap or
. There are also no requirements for Decentralised Autonomous Organisations (DAOs) to be registered or to have a legal entity. The
Platform is subject to the decisions and direction set by the NFTmall DAO (Governance Forum) which shall do its best to comply with any and all relevant rules and regulations worldwide. →
Low liquidity for digital assets.
There may be times when the Digital Asset/NFT liquidity is not sufficient to enable an efficient price discovery process or affects the ability to undertake a relatively large order in comparison with the available pool size. NFTs/Digital Asset items tend to have low liquidity. NFTmall Platform makes no expressed guarantees against such risks, and Users agree to fully indemnify
in such an event.
Technology and cryptography risk.
Computer technology, cryptocurrency, and cryptography are fields of study which are rapidly progressing and thus new and unforeseen risks (in addition to those which have been identified) to the core and peripheral technology employed by the NFTmall Platform will emerge and could threaten the operation and security of our platform with or without our prior knowledge. The NFTmall Platform has no control over such developments, and Users shall fully indemnify NFTmall from all claims arising from such events. →
A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the
Ecosystem and therefore the risk of the potential value lost of Cryptographysic Assets. →
There may be other unidentified risks to the continued performance of the platform which are outside of the control of
. Users agree to indemnify
from liability as a result of such risks manifesting.
Use of blockchain technology.
NFTmall utilizes cryptographic and blockchain technologies, including Digital Asset tokens, cryptocurrencies, stablecoins, smart contracts, consensus algorithms, voting systems, and distributed, decentralized or peer-to-peer networks or systems in performing the Offerings. Each User acknowledges and agrees that such technologies are novel, experimental, and speculative and that therefore there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing law thereto.
Disclaimer of representations.
The Offerings are being provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law,
is not making, and hereby disclaims, any and all information, statements, omissions, representations and warranties, express or implied, written or oral, equitable, legal or statutory, in connection with the Offerings and all other matters contemplated by these Terms, including any representations or warranties of title, non-infringement, merchantability, usage, security, uptime, reliability, suitability, or adjustments for any particular purpose, workmanship or technical quality of any code or software used in or relating to the Offerings. The user acknowledges and agrees that any and all use of the Offerings is at the User's own risk and liability. →
sset prices can be volatile.
The prices of BNB, GEM tokens and Digital Assets/NFTs can be volatile, unpredictable, and subject to low liquidity. Fluctuations in the price of other Crypto assets could materially and adversely affect the GEM price and other NFTs/Digital Assets listed on
, which may/can be subject to significant price volatility. We cannot guarantee that any purchasers of Cryptographic Digital Assets will not lose money. Users who engage in trading shall be aware of the nature and risks of such cryptographic Digital Assets. →
does not store, send, or receive any Cryptographysic Digital Assets on behalf of users. This is because Crypto Assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of Crypto Assets occurs within the supported blockchain networks and not on
Blockchain’s gas price.
The NFTmall smart contracts are deployed on the BNB Chain and many other Blockchain networks and thus, enable any transactions or processes on the BSC main net or other networks payments in terms of Tx Fees are required. This is also referred to as "Gas." Users must be aware that the price of BNB is volatile and Gas is primarily determined by a bidding system and affected by network congestion. The fees are paid directly to the BNB chain & other relevant Blockchain networks and the
does not earn or be responsible for anything related to the blockchain network's transaction process and Fees. →
Third-party Dapps/tools are used.
The Site relies on third-party Web3 Applications such as MetaMask to perform the transactions for the creation and transaction of Cryptographysic Digital Assets. EVM smart contracts, Metamask, Infura and IPFS, as well as other essential tools/applications required to access and operate the
DApp, without which the
Platform cannot operate and thus no assurance and guarantees will be given as to the continued and unimpeded operation of the platform due to the failure of such third party services. →
In the event of a fork on the BNB Chain or Any Other
integrated Blockchains resulting in a need for a separate set of NFTmall smart contract(s) on a forked chain, the community governance shall decide whether to ignore the smart contract(s) deployment on the new chain or to stay with the initial deployment of Old chain. The community governance vote shall be binding and considered the collective decision by all the users, creators and collectors whether they have or have not participated in the vote. →
You are in control of your web3 wallet's private keys. Since the
is a non-custodial NFT DEX, each user is responsible to generate and store their own private key or seed words associated with the Ethereum public address/web3 wallets. Should this private key be lost, the user shall lose access to his/her account and
will not be able/liable to restore or issue any refund in respect of any lost Digital Assets/NFTs or GEM. →
All rights reserved.
All Users of
are acknowledged and agree to accept All Cryptographysic Digital Assets/NFTs Minted, Listed or Tradable on
are subject to the acceptance of NFTmall
by the Users.
Limitation of liability.
NFTmall's liability for damages to each User shall in all cases be limited to, and under no circumstances shall exceed service fees actually received by
from such User. →
No consequential, incidental or punitive damages
Notwithstanding anything to the contrary contained in these Terms,
shall not be liable to any person, whether, in contract, tort (including pursuant to any cause of action alleging negligence), warranty or otherwise, for special, incidental, consequential, indirect, punitive or exemplary damages (including but not limited to lost data, lost profits or savings, loss of business or other economic loss) arising out of or related to these Terms, whether or not NFTmall has been advised or knew of the possibility of such damages, and regardless of the nature of the cause of action or theory asserted. →
platform is expected to use in NFT/Digital Asset token creation. However, the platform can be utilised by the users for other purposes which may include Digital assets being advertised, placing orders of materialised NFT/ Digital assets etc. There is also the possibility of the
being commissioned by Users(Digital Asset Owners) to deliver a physical copy of materialised NFT/Digital assets. There may be cases where the said works or items are not as per described or of satisfactory quality. Users agree to do their own due diligence before placing an order on such Digital Assets, their resolutions, Digital Content Size, their creators and their offerers and hold them directly liable for any breach of contract. Users agree to indemnify
from any liabilities arising from the manifestation of such risks.
Zero liability for digital assets/NFTs.
has no liability and can't hold accounts for any Digital Assets creation, its content or traded by Users on
. NFTmall does not investigate and cannot guarantee or warrant the authenticity, originality, quality, uniqueness, marketability, legality, or value of any Digital Assets/NFTs created or traded by Users on
Zero liability on user's offerings and quality of content.
NFTmall does not endorse or assume any responsibility for any activities, resources, products, services, content or promotions owned, controlled, operated or sponsored by any users or any third-party partnered companies. Users use
and its partnered third-party companies solely at their own risk and waive and release NFTmall from all liability arising from the User’s use. NFTmall 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, the use of, or reliance on, any such resources, products, services, content or promotions from third parties. →
You are solely responsible for determining what, if any, taxes apply to your Crypto Assets transactions, if there are any. Neither
nor any of its Team members are responsible.
12.1 Agreement to binding, exclusive arbitration.
In case of dispute, buyer and seller parties will seek mutually final and binding arbitration through the nomination of a trusted and impartial body of industry professionals to be decided by NFTmall. Pre-arbitration proceedings shall begin by collecting claims and evidence from all parties within 7 days. The arbitration will be according to the decision of the arbitrators and shall be binding. Each of the parties will waive all rights for a jury trial. Invalidation of any of the terms and conditions set forth is not allowed. The proceedings and the knowledge of the existence of the arbitration shall be kept confidential by all parties.
12.2 No class actions are permitted or enforceable.
Users shall only bring forth individual claims and represent only themselves; and ensure that no class action or representative action is undertaken or is enforceable.
12.3 End-user consumer rights.
Applies all end-user Digital Asset consumer rights based on the legal jurisdiction consumer resides
13.1 User license.
You are hereby granted a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to access and use the Site and its Contents. However, such license is subject to this Agreement and does not include any right to → (a) Sell, purchase or use commercially the Site or its Contents. (b) Distribute publicly, Perform or Publicly Display any Content. (c) Modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, use any data mining, robots, or similar data gathering or extraction methods. (d) Download (other than page caching) any portion of the Site or Content, except as expressly permitted by NFTmall, and use the Site or its Content other than for its intended purposes.
13.2 User content.
NFTmall does not claim any ownership of its User Materials/contents. You are and remain the owner of your own/owned Content/Materials. However, when you as a user create, upload, send, receive, post, publish, or store your User Materials, such as texts, photos, audio, video, or other materials and information ("User Materials") on or through the
, you represent that → (a) You either are the sole and exclusive owner/owned of all User Materials that you make available on or through
. (b) You have all rights, licenses, consents and releases that are necessary to license to NFTmall the rights in and to such User Materials, as contemplated under these Terms, including without limitation, that you have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform, and display your User Materials (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your User Materials. (c) Neither the User Materials nor your posting, uploading, publication, submission, or transmittal of the User Materials, or NFTmall's use of the User Materials (or any portion thereof) will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
13.3 Rights assigned by the user.
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Materials such as any digital content/Asset on, in, or through the Site, you license to
a non-exclusive, worldwide, royalty-free, license to such User Materials to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise distribute such User Materials/Digital Asset solely for the purpose of providing and/or promoting the Site, such as featuring your User Materials within our Site and promoting it through our marketing ecosystem. To the extent applicable and permissible by law, you hereby waive any and all claims that you may now or hereafter have in any jurisdiction to so-called "moral rights" or right of "Droit moral" with respect to any of your User Materials. You may request to remove your User Materials in accordance with our
, which is hereby incorporated by reference.
If you sell your Digital Asset to another user on the Site, then the license granted above with respect to such Digital Asset shall survive termination of this Agreement.
. (c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights, or their right to privacy. (d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. (e) Terminate or Suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
YOU WAIVE AND HOLD HARMLESS NFTmall AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY CLAIMS, RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot undertake to review all User Materials before it is posted/minted on the
, and cannot ensure prompt removal of objectionable User Material after it has been posted. Accordingly, we assume no liability for any action regarding transmissions, communications, or content minted as Digital Asset/NFT or marketed by any User or any third party/parties.
Open to bid & timed auction.
A bid placed by a Collector in an Open to Bid or Timed Auction is a legally binding as well as reversible or revocable offer to purchase the Item at the bid price capable of immediate acceptance by the Owner/current seller of the Item. By placing a bid in an Open to Bid or Timed Auction, the Collector agrees to temporarily send an amount of GEM, ETH or any other form of cryptocurrency/Digital Asset equivalent to the bid price to a Smart Contract. The Smart Contract is configured to hold the Crypto Asset bid until either the bid is accepted by the Owner/ Current seller of the Item or cancelled by the Bidder, a higher bid is received and accepted by the seller, or the bid is revoked/cancelled by the Digital item seller. The Owner/Current seller of the auctioned Item has the unilateral authority to accept or cancel the bid at any time.
Bids & fixed-price sell are binding offers.
Collectors may obtain Digital Items using
by placing a successful bid during one of the bidding formats supported by the NFTmall Platform or at a fixed-price sell. By using the Site/Platform to purchase at a fixed price sell or to bid on a Digital Asset, the User agrees and acknowledges that a bid/ confirmed fixed price sell tx (transaction) constitutes a legally binding offer exclusively between the Digital Asset Owner and the bidding/ fixed price sell buyer User through unreversible smart contracts txs.
Transactions by smart contracts.
All transactions on the NFTmall Marketplace & NFT Launchpad (the "Marketplace" & “Launchpad”), including transfers, offers, sells, or purchases of Digital Asset are initiated & upon confirmation at the sole discretion of the Users. To initiate a transaction on the
, a User must voluntarily invoke one or more Smart Contract operations from a Web3 Wallet/ Wallets. The Smart Contracts are configured to facilitate the execution of a voluntary User offer, an acceptance of an offer, or other confirmation to purchase, sell, Buy, Mint, transfer or Burn a Digital Asset. The User agrees to be bound by the outcome of any Smart Contract operation by invoking, calling, requesting, or otherwise engaging with the Smart Contract, whether or not the Smart Contract behaves as the user expects.
NFTmall is not a party to the agreement for transactions.
The User acknowledges and agrees that NFTmall is not a party to any agreement or transaction between any Users involving the purchase, sell, or transfer of NFT/ Digital Asset Items on the Platform.
reserves the right to execute Smart Contract transactions on the NFTmall Marketplace as a commerce/Trading platform of Minted Digital Assets/NFTs on
or Other 3rd party platforms.
NFTmall shall not incur any liability or penalty for not performing any act or fulfilling any duty or obligation hereunder, or in connection with, the matters contemplated hereby by reason of any occurrence that is not within its control.
Terms amendment and modification.
We reserve the right to amend, modify, or otherwise adjust at any time without any notice, of these Terms and Conditions. The most current version of these Terms will be published on the site and effective when the user accesses the website. Users are deemed to have accepted the updated terms and conditions upon access to the site.
Modifications to the site.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or suspend or discontinue the Auction at any time and without liability therefor.
You are granted a limited, nonexclusive, revocable, non-transferable, non-sublicensable right to create a text hyperlink to the Site for noncommercial purposes, provided that such link does not portray NFTmall 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 NFTmall to link to the Site or Content without our express written permission. Further, you may not use, frame
or utilize framing techniques to enclose any NFTmall trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout or design of any page, or form contained on a page, on the Site without our express written consent.
The Site 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 Site and are subject to the Agreement and Conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of NFTmall. NFTmall is not responsible for any Third-Party Websites or Third-Party Applications. NFTmall 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 Site, our Agreement and policies no longer govern. You should review any 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.
The Platform or Site may include hyperlinks to other pages or resources collectively, (“Internal or External Sites/App"), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites and that we do not endorse any advertising, products, or other materials on, or made available from, any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy, or existence of any advertising, products or other materials on, or made available from, any External Sites.
The user must be legal aged.
You affirm that your’ legal age is based on your resident jurisdiction as the platform is not intended to use for children. If you are under the age of 18 or the legal age of majority where you reside if that jurisdiction has an older age of majority and allows then you agree to review these terms with your parent or guardian to make sure that both you and your parent or guardian understand and agree to these terms. You agree to have your parent or guardian review and accept these terms on your behalf. If you are a parent or guardian agreeing to the terms for the benefit of a child over 13, then you agree to and accept full responsibility for, that child's use of the platform, including all financial charges and legal liability that he or she may incur.
You may choose to submit comments, bug reports, ideas, or other feedback about the Platform by writing to
, including without limitation about how to improve the Platform (collectively, "Feedback"). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless NFTmall, and our respective past, present, an 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 "NFTmall 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 Site, Content or Crypto Assets, (b) any Feedback you provide, (c) your violation of this Agreement, and (d) your violation of the rights of a third party, including another user or MetaMask. You agree to promptly notify NFTmall of any third-party Claims and cooperate with the NFTmall Parties in defending such Claims. You further agree that the NFTmall 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
Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, the NFTmall 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 NFTmall or our affiliates, licensors or users, as applicable. All data that is generated on the NFTmall platform including blockchain transactions and smart contract interaction is owned by NFTmall and can be used to provide anonymised datasets to a third party. Notwithstanding anything to the contrary in this Agreement, the Site and Content may include software components provided by NFTmall or its affiliates or a third party that are subject to separate license terms, in which case those license terms are governed by those software components/companies.
Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site 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.
Users may voluntarily contact NFTmall to report serious misuses of the NFTmall Platform including, for example, suspicious market activity, hate speech, or other serious violations of these Terms. User agrees to keep confidential all private correspondence with any members of the NFTmall Team pertaining to another member's alleged violation of these Terms or other inquiries about NFTmall's policies.
If any term, clause or provision of this Agreement is held invalid or unenforceable, then that term, clause or provision will be severable from this Agreement and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of this Agreement.
The following sections will survive the expiration or termination of this Agreement and the termination of your Account: all defined terms and all sections.
This Agreement along with any additional rules constitutes the entire agreement between you and NFTmall relating to your access to and use of the Sites and Content, and your participation in the sale, purchase or Auction transaction. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of NFTmall prior, concurrent, or subsequent circumstances, and NFTmall's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and is not intended to confer third-party beneficiary rights upon any other person or entity.
No assignment of the terms.
Neither party may assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party, provided that NFTmall may assign this Agreement without your prior consent to any of NFTmall's affiliates, or to its successors in the interest of any business associated with the services provided by NFTmall. This Agreement shall be binding upon the permitted assigns or transferees of each party.
We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of crypto assets, including but not limited to, any losses, damages, or claims arising from (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access to applications; (e) any unauthorized third party activities, including without limitation, the use of viruses, phishing, brute-forcing or other means of attack against the site or crypto assets.
Crypto assets are intangible digital assets. They exist only by virtue of the ownership record maintained in the BSC network. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within the BSC platform. We do not guarantee that NFTmall or any NFTmall party can affect the transfer of title or right in any crypto assets.
NFTmall is not responsible for sustained casualties due to vulnerability, any kind of failure, or abnormal behaviour of its or Third-party software (e.g. wallet, smart contract), blockchains or any other features of the Crypto Assets. NFTmall is not responsible for casualties due to late reports 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 this Agreement shall exclude or limit the 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 implied warranties in contracts with consumers, so the above exclusion may not apply to you.
In the event that our platform develops and deploys additional services, additional terms for specific services will be specified. 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.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site ("Feedback"). You may submit Feedback by emailing us at
only. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without any consent or compensation to you.
The terms set here shall supersede all prior agreements between parties. NFTmall reserves the right to change or modify these Terms at any time and at 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 of 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.
Except as expressly provided to the contrary in writing by NFTmall, the site, content contained therein, and NFT/Digital Asset or any crypto assets listed therein are provided on an "as is" and "as available" basis without warranties or conditions of any kind, either express or implied. NFTmall (and its suppliers) make no warranty that the site: 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. NFTmall disclaims all other warranties or conditions, express or implied, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement as to the site content contained therein. NFTmall does not represent or warrant that content on the site is accurate, complete, reliable, current or error-free. NFTmall will not be liable for any loss of any kind from any action taken, or taken in reliance on, material or information contained on the site. While NFTmall attempts to make your access to and use of the site and content safe, NFTmall cannot and does not represent or warrant that the site, content, any crypto assets listed on our site, or our servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold us responsible for any breach of security unless it is due to our gross negligence.
NFTmall is the administrator of your Personal Data.
NFTmall is responsible for using information about you in a safe manner, in accordance with applicable law, in particular in accordance with the provisions of the GDPR and in accordance with the Regulations.
. NFTmall is responsible for processing data on this website.
To ensure that all necessary steps are taken to protect the privacy of our users, NFTmall created this policy in such a way that it fully complies with the GDPR Act. The data collected by us may be transferred to and stored at a destination inside or outside the UK & EU.
Art. 6 sec. 1b) GDPR: the processing is necessary to perform the order or to take action before its implementation.
Art. 6 sec. 1c) GDPR: the processing is necessary to fulfil legal obligations.
Art. 6 sec. 1f) GDPR: the processing is necessary for purposes resulting from the legitimate interest of data analysis in order to match the offer.
Art. 6 sec. 1a) GDPR: based on explicit and voluntary consent, Personal data is processed for marketing purposes.
Automatic Data Collection Technologies
NFTmall may use automatic data collection technologies to collect certain information about our User's equipment, browsing actions, and patterns, including:
Details of visits to our Website, including traffic data, geolocation data, logs, and other communication data and the resources that our Users access and use on the NFTmall Website
Information about computer and internet connection, including our User's IP address, operating system, and browser type.
The information NFTmall collects automatically is statistical data and may include personal information, or we may maintain it or associate it with personal information NFTmall collects in other ways.
The technologies NFTmall uses for this automatic data collection may include Cookies and Google Analytics - a web analytics service from Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA).
Users contacting NFTmall and/or providing any personal details do that at their own risk and at their own discretion. The personal information of any user is stored securely until it has no use or is no longer required, in compliance with GDPR. Any submitted information may be used by us to further provide you with information about our products and services or to assist you in answering any questions or queries submitted by you. This includes using your details to inform you of important announcements on the website. Regarding receiving any email marketing material, we assure you that your details are not passed on to any third parties.
This website will never deliberately include any potentially malicious external links on its servers. While we, as NFTmall, seek to improve your overall experience by providing safe and relevant sources, a policy of caution should be adopted before clicking on any external links referenced by this website. It is for your own safety that you note that any external material is entered by you at your own risk and NFTmall cannot be held liable for any damages caused by visiting/interacting with any content on external websites.
Many data processing operations are only possible with our User's express consent. Our User may revoke consent at any time with future effect. A formal email (send to:
) making this request is sufficient.
After the expiry of the processing period, Personal data is irreversibly deleted or anonymized.
You can exercise the right to protect your Data, resulting from the applicable regulations:
The right to access and manage your Data:
You have the right to know whether we process information about you: specific Personal Data that we have collected about you; the categories of Personal Data we have collected about you; categories of sources from which your personal data is collected; categories of third parties to whom your Personal Data has been disclosed, provided that they have been disclosed and the fulfilment of this obligation is permitted by law; the nature of the processing of Personal Data. You do not need an Account to submit a request for viewing/accessing Personal Data. If you submit multiple requests to view/access Personal Data, we may charge a fee. You will receive information about the amount of the fee before processing your request in this regard. We reserve the right to decline a request if it is excessive or manifestly unfounded. If we are unable to comply with your request, we will let you know the reason. You can also exercise your right to correct or update the information you provide to us. You can exercise this right and manage your data by directly updating your Account or by submitting a request to us. You are responsible for the information you provide to us and you should keep it accurate and up-to-date so that we can best deliver Products and Services to you. You can also block the use of certain data through the settings of your device or browser, which may, however, adversely affect your experience with the functionality of
2.The right to remove or limit the processing of your Data:
You have the right to delete the Personal Data that you provide to us as part of your Account registration – if you decide to delete the information, we will not be able to provide services for you, including fulfilling orders. You can exercise the right to delete data by sending us a request (also if you do not have an account and you have provided us with your data by placing an order without registration). In some circumstances, we may retain information about you – in order to comply with legal obligations (tax, billing, etc.). Some information may remain in backups maintained for data integrity and disaster recovery. We make every effort to keep your information no longer than necessary and will take steps to delete your information where reasonably possible.
3.The right to receive a copy of Personal Data:
Copies of Personal Data may be sent by electronic means, if possible, or by traditional mail. If you submit multiple requests for copies of Personal Information, we may charge a fee. You will receive information about the amount of the fee before processing your request for sending a copy of your Personal Data. We reserve the right to decline a request if it is excessive or manifestly unfounded. We will try to respond to a correct and confirmed request for copies of Personal Data as soon as possible.
4.The right to cancel or modify consent to marketing communications:
You have the right to cancel or modify your consent to receive marketing messages. You can exercise this right by logging into your account and changing your communication preferences. Please note that this will not affect the lawfulness of data processing prior to the withdrawal of consent. You can also withdraw your consent by sending us an e-mail containing such a request. Please note that you cannot opt-out of receiving certain administrative, transactional or legal messages that we may send as part of our legitimate business if you have a User Account or use certain features available on
A complete cessation of sending e-mails is only possible if you submit a request to delete your Account.
has implemented several measures to help protect your personal information. These measures include but are not limited to, minimizing access to personal data to employees who may have access to it, and encrypting personal data transmitted through our websites using the SSL/TLS protocol. We update our security measures to increase the security of your Personal Data.
regularly reviews the rules governing the processing of Personal Data, including security solutions. NFTmall has implemented procedures for dealing with suspected personal data breaches. The security of your Personal Data also depends on you. Be sure to choose an Account password that no one else knows or can easily guess, and keep your login details and password confidential. When finished, log out of your Account, especially if you are using a shared computer.
is not responsible for the actions of unauthorized persons to whom login details have been disclosed. In such cases, we are not responsible for any acquisition or distribution of your Personal Data by such an unauthorized party. If you believe that your personal information has been compromised, we encourage you to notify us immediately.
In the event of objections to the processing of Personal Data, you own the full right to submit a complaint