Terms of Use and Service

TERMS OF USE

Last Updated: February 25, 2023

These Terms of Use (“Terms”) set forth the binding legal agreement between you and NFT Creative (together with our subsidiaries and affiliates, referred to as “NFTC,” "we," or "us" in this Agreement). These Terms govern use of this website and all of the related websites, dApps, products, plug-ins, extensions and services offered by NFTC and its affiliated entities including our $NFTC token (collectively, the "Products"). We encourage you to review these Terms carefully. By accessing or using the Products in any way, including browsing any NFTC owned website, you are agreeing to these Terms in their entirety. If you do not agree to any of the Terms, you may not use the Products.

A. Using the Products.

1) Who can use the Products. You must be at least the legal age in the jurisdiction where you reside.

2) Product Changes. We reserve the right to make changes or updates to Products, including content and formatting, at any time without notice. We reserve the right to terminate or restrict access to the Products (including any accounts you may have created through your use of the Products) for any reason whatsoever at our sole discretion.

3) Privacy Policy. By using the Products in any way, you understand and acknowledge that the terms of the Privacy Policy apply to you.

4) Additional Terms. Specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through various Products or transactions concluded through the Products. Such specific terms may be in addition to these Terms or, where inconsistent with these Terms, only to the extent the content or intent of such specific terms is inconsistent with these Terms, such specific terms will supersede these Terms.

B. Your Content

1) Definition of Your Content. The Products may enable you to post materials, including without limitation photos, profile pictures, messages, comments, and testimonials. You may also post reviews of third-party service providers, third-party products, or third-party services. All materials that you post on the Products will be referred to collectively as "Your Content."

2) Permission to Use Your Content. You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content.

3) If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary, including but not limited to NFTC Business Purposes. "NFTC Business Purposes" means any use in connection with a Product or NFTC cobranded website, application, publication or service, or any use which advertises, markets or promotes Products, the services or the information within the Products, NFTC, or its affiliates. NFTC Business Purpose specifically includes the use of Your Content within the Products in connection with features and functions offered by NFTC to our users that enable them to view and interact with Your Content (such as reviews).

4) Your Responsibilities for Your Content. By posting, uploading, or submitting Your Content to any Products, you represent and warrant to us that you have the ownership rights, or you have obtained all necessary licenses or permissions from any relevant parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to use Your Content in accordance with these Terms. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that Your Content does not violate any applicable law or regulation, including but not limited to the intellectual property rights of any third party. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.

5) Limits. We reserve the right to remove Your Content, in whole or part, for any reason without notice. We do not guarantee that we will publish any or all, of your content.

C. Our Content and Materials.

1) Definition of Our Content and Materials. All intellectual property in or related to the Products (specifically including, but not limited to, our software, the NFTC marks, the NFTC logos) ("Our Content and Materials") is the property of NFTC.

2) Our License to You. Subject to these Terms of Use, including the restrictions below, we grant you a limited non-exclusive license to use and access Our Content and Materials in connection with your use of the Products. Except as expressly agreed to otherwise by us (such as entering into another other agreement with us), your use of the Products must be limited to personal, non-commercial use. We may terminate this license at any time for any reason. Except for the rights and license granted in these Terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise. Notwithstanding the foregoing, some content may be subject to open-source licenses, in which case the specific license(s) mentioned in connection with such content shall apply.

3) Restrictions. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. Your permitted use of the Products expressly excludes commercial use by you of any product descriptions for the benefit of another merchant. You are expressly prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Products.

4) We have no obligation to delete content that you personally may find objectionable or offensive.

5) Ownership. You acknowledge and agree that the Products and NFTC marks will remain the property of NFTC. The content, information and services made available on the Products are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using or interacting with the Products.

D. Other Offerings on the Products.

1) Third-Party Services. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third parties (including but not limited to the products or services offered by third parties or the descriptions of the products or services offered by third parties). We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on or in the Products by anyone.

2) Third-Party Sites. The Products may contain links to other websites (the "Third-Party Sites") for your convenience. We do not control the linked websites, or the content provided through such Third-Party Sites. Your use of Third-Party Sites is subject to the privacy practices and terms of use established by the specific linked Third-Party Site, and we disclaim all liability for such use. The availability of such links does not indicate any approval or endorsement by us.

E. Disclaimers and Limitations of Liability.

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF NFTC TO YOU. The "NFTC" means NFT Creative, $NFTC and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them. Each provision below applies to the maximum extent permitted under applicable law:

1) We are providing you the products, services, information, our content and materials, product descriptions, and third-party content on an "as is" and "as available" basis, without warranty of any kind, express or implied. Without limiting the foregoing, the NFTC expressly disclaim all warranties and conditions of merchantability, title, accuracy and completeness, uninterrupted or error-free service, fitness for a particular purpose, quiet enjoyment, and non-infringement, and any warranties arising out of course of dealing or trade usage. Nothing contained in the products is intended to be legal, financial, or tax advice.

2) NFTC make no promises with respect to, and expressly disclaim all liability, to the maximum extent permitted by law, for: (I) content posted by any third-party on the products, (II) the product descriptions or products, (III) third-party sites and any third-party product or service listed on or accessible to you through the NFTC products, and (IV) the quality or conduct of any third party you encounter in connection with your use of this website or any NFTC product.

3) NFTC does not warrant or make any representations as to the security of any of its websites. You acknowledge any information sent through a website may be intercepted. NFTC does not warrant that its websites or the servers which make this website available or electronic communications sent by NFTC are free from viruses or any other harmful elements. NFTC does not warrant that any electronic correspondence being sent to NFTC will be timely received or processed. NFTC shall in no event be liable for any consequences of not timely receiving or processing any electronic correspondence.

4) You agree that to the maximum extent permitted by law, that NFTC will not be liable to you under any theory of liability. Without limiting the foregoing, you agree that NFTC specifically will not be liable for (i) any indirect, incidental, consequential, special, incidental or exemplary damages, loss of profits, loss of business, business interruption, reputational harm, or loss of data (even if NFTC had been advised of the possibility of such damages or such damages are foreseeable) arising out of and in any way connected with your use of, or inability to use, this website or any NFTC products or (ii) any amount. Your use of the products, information, or services is at your sole risk.

F. Indemnification.

You agree to fully indemnify, defend, and hold NFTC and their directors, officers, employees, consultants, and other representatives, harmless from and against all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from:

1) your breach of any part of these Terms, including but not limited to any policies referenced herein.

2) any allegation that any materials you submit to us or transmit to the Products infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party;

3) your activities in connection with the Products or other websites to which the Products are linked; and/or

4) your negligent or willful misconduct.

Be sure to return to this page periodically to ensure your familiarity with the most current version of the Terms of Use. Any changes to the Terms will be effective upon implementation.