Terms and Conditions
Welcome to NeFeT! NeFeT is a platform where to create, buy, sell and auction off NFTs, from now on also called NeFeTs. These terms and conditions of use set out the rules between you and NeFeT. The following terms and conditions govern the access to and the use of NeFeT, their content, functionality and services offered.
1. Acceptance of these Terms and Conditions
These terms and conditions set out your rights and responsibilities while using NeFeT to create, buy, sell and auction off NeFeTs or collections of NeFeTs, so please read carefully these terms and conditions. NeFeT is an administrative platform (marketplace) that facilitates transactions between a buyer and a seller, but not an active part of the transaction between the buyer and seller or between users. By clicking the button “I Accept” at the end of the registration process, you acknowledge to be bound by these terms and conditions of use. By accepting these terms, you certify that you are at least 18 years old. If you do not agree with these Terms and Conditions of use, you must not access or use this Site.
NeFeT reserves the right to change or modify these Terms and Conditions of use at any time and in our sole discretion. You agree and understand that by logging into your account, access or use the Site after any change in these Terms and Conditions of use, you agree to the reviewed Terms and Conditions of use and all terms incorporated into it by reference. We recommend you to review the Terms and Conditions of use from time to time to ensure that you understand the terms and conditions which apply when you access or use the Site.
2. NeFeT user account
You must create a user account on NeFeT to use the Services. When you create an account, we will ask for personal information about you. We may require, at our sole discretion, to provide information and/or additional documents. If you do not provide complete and accurate information and/or documents in response to such a request, we may refuse to provide the Services.
Your NeFeT account is subject to the following conditions:
- Access: you understand and agree that your access to your NeFeT account is limited to you only. You agree you will not sell, rent, lease or grant access to your NeFeT account to any other person without our prior written permission.
- Security: you understand and agree that you are solely responsible for maintaining the security of your account and monitor any user name, password or any other codes that you use to access the Services. Any unauthorized access to your account by a third party could result in the loss or theft of NeFeTs and/or funds held in your account and any account associated with it, including your linked bank accounts and credit/debit cards. You understand and agree that NeFeT in no case will be responsible for managing and maintaining the security of your account. In addition, you understand and agree that NeFeT in no event will be liable for any unauthorized access to or use of your account. You are solely responsible for monitoring your account. If you notice any unauthorized activity or suspicious activity in your account, you must notify us immediately.
- Rates of trading: when you buy or sell a NeFeT on NeFeT, you agree to pay all applicable fees, and you authorize NeFeT to automatically deduct the fees directly from your payment. You will always be provided with a breakdown of the rates before buying or selling a NeFeT.
- Communication: you agree and understand that we will communicate with you through electronic means. To ensure that you receive all of our communications, you agree to keep your e-mail address and telephone number up to date and notify us if there is any change. You agree that any notice, agreement, disclosure or other communications delivered to your registered email address is considered valid.
3. User content
The Site allows:
- users to create a profile where they can post some information about themselves, link to other web sites and display their NeFeTs;
- the creators of NeFeTs to publish their NeFeTs, and biographies.
All User Content must comply with these Terms and Conditions of use.
Any profile information that you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content on the Website, you grant us, and hereby assign to us, our affiliates, and our respective licensees, the right to use, reproduce, modify, perform, display, distribute, retransmit, publish, transmit and disclose to third parties any such material for any purpose. You represent and warrant that:
- you own and control all rights in and to your User Content and have the right to grant such license to us, our affiliates, and our respective licensees, successors and assigns.
- all of your User Content complies and will comply with these Terms and Conditions of use.
You understand and agree that you are responsible for any User Content you submit or contribute, and you, not NeFeT, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. NeFeT shall in no event be liable to third parties for the content, accuracy or adequacy of any User Content posted by you or any other user on the Site.
If you are a Creator of NeFeTs, you hereby grant to NeFeT the right to use your name and image for marketing or promotional purposes. If you are a Creator, you agree that we may use or modify the images of the NeFeTs that you create for marketing or promotional purposes. You also agree that we may use your biography and other public information about you to promote the NeFeTs created by you.
As a Creator, you understand and agree that:
- You are responsible for the accuracy and content of your NFTs.
- Any NFT creation who violates any of the policies of NeFeT can be obscured or removed by NeFeT, at its sole discretion.
- You will respect the intellectual property of others.
- You will not coordinate pricing with other Creators of NeFeT.
We reserve the right, at our sole discretion, to prohibit you from uploading your NFT Creations. In the process of creating NFTs, you are prompted to enter the content and information corresponding to such NFT. Once you have entered the information and content requested, NeFeT may review and monitor such information and content before creating the NFT to verify the genuineness of content. Because of this validation process, the creation of the NFT can be delayed for several hours. Although we're not obligated to monitor any user Content, we may, in our sole discretion, remove user Content at any time and for any reason without prior notice. NeFeT can monitor the User Content to detect and prevent fraudulent activity or violations of these Terms and Conditions of Use.
4. Suspension of your User Account
You agree that NeFeT has the right to immediately suspend your account, pause, or terminate your access to the Services, or close your account if we suspect, in our sole discretion, that:
- your account is being used for money laundering or any illegal activity;
- you have concealed or provided false identification information or other details;
- you have been involved in fraudulent activities; or
- you have been involved in transactions in violation of these Terms and Conditions of use.
You agree that we may send you promotional communications via email including, among others, newsletters, special offers, surveys and other news and information we think will be of interest to you.
You agree that we may send communications to you by e-mail or text message that refers to the status of a purchase or sale of a NeFeT on NeFeT, and other communications relating to your interaction with the web site, including notifications regarding the status of an NFT that you are interested in purchasing it.
You may opt out of receiving promotional communications at any time by following the instructions provided later in these Terms and Conditions.
Unless we indicate otherwise in writing, the Site, all the content and all other materials contained herein, including, among others, the logo of NeFeT, and all designs, text, graphics, images, information, data, software, sound files, other files and the selection and arrangement thereof are the exclusive property of NeFeT or our affiliates, our licensors or users, as appropriate. The NeFeT logo, and the names, logos, or slogans of products or services of NeFeT that may appear on the Site or in any other place are trademarks of NeFeT or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission.
You may not use any Content from NeFeT to link to the web Site or the Content without our express written permission. You may not use framing techniques to enclose any of the Contents of NeFeT without our express written consent. In addition, the appearance of the Site and the Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of NeFeT and may not be copied, imitated or used, in whole or in part, without our prior written permission.
Notwithstanding any provision to the contrary in this document, you understand and agree that you shall have no ownership or other property interest in your account, and you further agree that all rights in and to your account are and shall forever be the property of NeFeT and inure to the benefit of NeFeT.
7. Intellectual property
Outside of the Content of NeFeT, all other trade marks, product names, and logos on the Site are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark owner. Without prejudice to the foregoing, if you believe that the material of third-party hosted by NeFeT infringes your copyright or trademark, file a notice of infringement by contacting us to firstname.lastname@example.org
In such a case, please provide us the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the work protected by copyright that you claim has been infringed;
- a description of the location on the Site of the material that you claim is infringing;
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the copyright, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright or are authorized to act on behalf of the owner of the copyright.
The policy of NeFeT is to suspend or terminate the account of repeat offenders. The response of NeFeT may depend on relevant aggravating or mitigating circumstances, but we usually cancel an account if it is the subject of three infringement notices.
8. Your use of NeFeT
We hereby grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Website and the Content. Our grant of such a license is subject to the following conditions:
- Illegal activity: you agree not to engage, or assist in any activity that violates any law, statute, ordinance, regulation, or program of sanctions in force in Spain.
- Abusive activity: you agree not to engage in any activity that poses a threat to NeFeT, for example, by distributing a virus or other harmful code, or the unauthorized access to the Website or the accounts of other users.
- Inappropriate behavior: you agree not to interfere with access to or use of the Services by other users.
- Communication: you agree not to contact other users with the purpose of:
- sending unsolicited advertising or promotions, requests for donations or spam;
- harassing or abusing other users;
- interfering with the transactions of other users.
You agree not to use the data collected from the Website to contact individuals, companies or other persons or entities outside of the Site for any purpose, including, but not limited to marketing activity.
- Fraud: you agree not to engage in any activity that operates to defraud NeFeT, other users or any other person; or to provide any untrue, inaccurate, or misleading information to NeFeT.
- Games of chance: you agree not to use the Services to participate in any lottery, bidding fee auctions, contests, sweepstakes or other games of chance.
- Taxes: neither NeFeT nor any other Part of NeFeT is responsible for determining the retention, sales, use, added value, transfer, or other taxes, together with any interest and penalty imposed with respect thereto Taxes that apply to your transactions on NeFeT. You agree that you are solely responsible for determining any taxes which apply to your transactions with NFTs and to withhold, collect, report and remit the correct amounts of taxes to the appropriate taxing authority. Unless otherwise stated, in an invoice applicable, any amount due in respect of a transaction of NFTs does not include sales taxes, use taxes, added value or similar ("sales Taxes") that shall be your responsibility. Any payment with respect to your transactions with NFTs shall be made without deduction or withholding of taxes, except as required by applicable law.
- Infringement of intellectual property: you agree not to:
- participate in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law;
- use the Content of NeFeT (as defined in Section 7 above) without the express written consent of NeFeT;
- be involved in any action that implies a false endorsement or affiliation with NeFeT.
- Hyperlinks: NeFeT hereby grants you a limited, non-exclusive, non-transferable and revocable right to create a text hyperlink to the Site for non-commercial purposes, provided that such link does not portray NeFeT, our affiliates or Services in a false, misleading, derogatory or otherwise defamatory manner, and provided that the linking site does not contain any adult content or illegal, or other material that is offensive, harassing or otherwise objectionable.
- Additional prohibitions: you agree not to:
- distribute, publish, broadcast, reproduce, copy, or publicly display any Content;
- modify, or create derivative works from the Site or Content, or any part thereof;
- use any data mining, robots, or similar gathering or extraction of data on the Site or the Content;
- download any portion of the Site or the Content, that is not for the purpose of caching the page, except as expressly permitted by us.
If you are not sure whether a contemplated use would violate these Terms and Conditions of use, please contact us at the address listed below under contact Information.
9. Terms of sale
By placing an order on NeFeT, you agree that you are submitting a binding offer to buy the Non-Fungible Token "NFT" or the service of NeFeT SL. Your order is accepted and confirmed once the purchase is completed, and NeFeT displays the confirmation page ("Confirmation Page"). You hereby agree that the supply of NeFeT will begin immediately after the Confirmation Page is displayed.
No refunds are permitted except with respect to any legal guarantee or warranties which cannot be excluded or limited by law.
You agree and understand that we may change part or all of NeFeT or the Services without prior notice.
12. Third parties
NeFeT provides these third party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party Websites or their products or services. You use all links in third party sites at your own risk. When you leave our Site, our Agreement and our policies no longer govern. We may, but are not obligated to warn you that you are leaving our Site.
Please note the following risks by accessing or using NeFeT: the price and the liquidity of the assets of blockchain, including NFTs, are extremely volatile and may be subject to large fluctuations; fluctuations in the price of other digital assets could affect materiallly and negatively to the NFTs, which may also be subject to a substantial price volatility; changes in Legislation and regulations or actions at the state or international level may adversely affect the use, transfer, exchange, and value of the NFTs; the NFTs are not backed by the government; transactions in NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable; Some transactions in NFTs shall be deemed to be made when recorded in a public ledger, which is not necessarily the date or time that you started the transaction; The value of NeFeTs can be derived from the continued willingness of market participants to exchange fiat currency or digital assets by NFTs, which may result in the potential loss of total and permanent value of an specific NeFeT in the event that the market for that NeFeT disappears; The nature of NeFeTs may lead to an increased risk of fraud or cyber attack, and it may mean that technological difficulties experienced by NeFeT may prevent the access to or use of your digital Assets; The changes on the Sites of third parties (discussed in Section 12 below) may create a risk of your access to and use of the Site will suffer.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for you, and that NeFeT does not provide advice or recommendations regarding NeFeTs, including the suitability and appropriateness of, and investment strategies for NeFeTs. You agree and understand that you access and use NeFeT at your own risk; however, this brief statement does not disclose all the risks associated with NeFeTs and other digital assets. You agree and understand that NeFeT will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using NeFeTs, regardless of the cause.
14. Limitation of liability
To the maximum extent permitted by law, in no event NeFeT will be liable to you or any third party for any lost profit, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from this agreement, the site or sites and third-party products, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if NeFeT has been advised of the possibility of such damages. Access to and use of the sites, products or websites and third-party products are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting from that.
Notwithstanding anything to the contrary contained in these Terms and Conditions, in no event shall the maximum aggregate liability of NeFeT arising out of or related to this agreement, the access to and use of the site, content, NFTs or any product or service made on the site, exceed the greater of:
- 100 € or
- the amount that has been paid to NeFeT for services obtained in the last six months out of which liability arose.
The foregoing limitations of liability shall not apply to liability of NeFeT for:
- death or personal injury caused by the negligence of NeFeT;
- any injury inflicted by fraud or forgery, caused by NeFeT.
Except as expressly provided to the contrary in a writing by NeFeT, the site, the content contained therein and the NFTs listed therein are displayed "as is" and "as available" basis without warranties or conditions of any kind, either express or implied. NeFeT (and its suppliers) makes no warranty that the site will:
- meet your needs;
- be available on an uninterrupted, timely, secure or error-free basis;
- be accurate, reliable, complete, legal, or completly safe.
We will not be liable for any loss of any kind for any action taken or taken in reliance on material or information, contained on the site. NeFeT does not represent or warrant that the content on the site is accurate, complete, reliable, current, or error-free.
NeFeT uses all available means to make your access to and use of the site and content safe. NeFeT cannot and does not represent or warrant that the site, the content, any NFT found on our site or our servers are free of viruses or other harmful components. We cannot guarantee the security of any data you disclose online. You also agree to the inherent security risks to provide information and operate online over the internet and we are not responsible for any breach of security unless this is caused by the gross negligence of NeFeT.
We will not be responsible or liable to you for any loss or from any use of NFTs including, but not limited to, any loss, damage or claim arising from:
- user error such as forgotten passwords, incorrectly built transactions or mistyped addresses;
- server failures or data loss;
- corrupted wallet files;
- unauthorized access to applications;
- any activity by unauthorized third parties, including, without limitation, the use of viruses, phishing, bruteforcing or other means of attack against the site or the NFTs.
The NFTs are intangible digital assets. They exist only by virtue of the ownership record kept in the relevant blockchain network. Any transfer of title that may occur in any digital asset only occurs on the decentralized ledger within the relevant platform. We do not guarantee that NeFeT or any party of NeFeT can make the transfer of title or right in any NFT.
NeFeT is not responsible for sustained losses due to vulnerability or any type of failure, abnormal behavior of the software (for example: wallet, smart contract), blockchain or any other feature of the NFTs. NeFeT is not responsible for sustained losses due to late reports (or no report) by developers or representatives of any problem with the blockchain that supports the NFTs, including forks, technical problems of the node or any other problem having funds losses as a result.
Nothing in this Agreement shall exclude or limit the liability of either party for fraud, death or personal injury caused by negligence, violation of the laws or any other activity that cannot be limited or excluded by legitimate means.
To the maximum extent provided by law, NeFeT hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise, including, but not limited to any warranties of merchantability, fitness for a particular purpose, ownership and title and non-infringement as to the site and all content contained in the same.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless NeFeT and our respective current, past and prospective employees, officers, directors, contractors, consultants, shareholders, suppliers, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns, from all claims, damages, awards, judgments, losses, liabilities and obligations of third parties, actual or alleged, penalties, interest, fees, expenses (including, without limitation, attorneys ' fees and expenses) and costs (including, among others, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature, whether known or unknown, foreseen or unforeseen, matured or not matured, suspected or unsuspected, in law or equity, whether in tort, contract or otherwise, including, without limitation, property damage, or personal injury, that are caused by, arise out of or are related to:
- your use or misuse of the Site, Content or NeFeTs,
- any Comments you provide,
- your violation of the rights of a third party, including another user or MetaMask and
- your non-payment of withholding tax or sales tax in connection with your NeFeT transactions or to provide us with a properly executed tax form described in Section 8.
You agree to immediately notify NeFeT of any third-party Claims and cooperate with the Parties of NeFeT in the defense of any such Claim. In addition, you agree that the Parties of NeFeT shall have control of the defense or settlement of third party Claims. THIS INDEMNIFICATION IS IN ADDITION TO, AND NOT IN LIEU OF ANY OTHER COMPENSATION TO BE ESTABLISHED IN A WRITTEN AGREEMENT BETWEEN YOU AND NEFET.
If any term, clause or provision of these Terms and Conditions of use is held to be invalid or unenforceable, then that term, clause or provision shall be severable from these Terms and Conditions and will not affect the validity or enforceability of any remaining part of that term, cause or provision, or any other term, clause or provision of these Terms and Conditions.
We reserve the right, without prior notice and at our sole discretion, to terminate your license to access or use the Site or the Content, at any time and for any reason. You understand and agree that we shall have no liability or obligation to you in such case.
19. Applicable Law
These terms and conditions shall be interpreted in accordance with, the laws of Spain and, in case of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Spanish courts.
If you have any questions, want to provide feedback or you would like more information about NeFeT, do not hesitate to send us an e-mail to email@example.com. If you wish to file a complaint, please contact us firstname.lastname@example.org or write to us at: NeFeT MARKETPLACE C/Sor Francinaina Cirer 95, 07140 Sencelles, Mallorca, Spain
END OF TERMS AND CONDITIONS