Terms & Conditions

Terms of Use

SOCIAL NFT Marketplace is a platform for purchasing, selling, and showing NFTs from your social media also referred to as SOCIALS in this document. You and SOCIAL NFT Marketplace, (“SOCIAL NFT Marketplace,” “Company,” “we,” or “us”) have agreed to these Terms of Use. The following terms and conditions regulate your access to and usage of SOCIAL NFT Marketplace, including any content, features, and services provided on or via https://socialnft.market (the “Site”), as well as any documents specifically incorporated by reference.

1) Accepting these Terms

Please read the following terms and conditions carefully, along with any documents they reference. These Terms of Use define your rights and obligations when you use SOCIAL NFT Marketplace to purchase, sell, or view non-fungible tokens (“SOCIALS” or “SOCIAL NFT Marketplace”) or build a list of SOCIALS (collectively, the “Services”). SOCIAL NFT Marketplace is an administrative tool that makes it easier for people to do business with each other. You accept and consent to be bound and abide by these Terms of Use, as well as all terms incorporated herein by reference, by signing into the platform you accept account registration. You certify that you are at least 18 years old by agreeing to these terms. You must not access or use the Site if you do not agree to these Terms of Use.

Sections below include an arbitration provision as well as a class action waiver. You agree to settle all disputes by binding individual arbitration through agreeing to these Terms of Use, which ensures you forfeit your right to have the case resolved by a judge or jury, as well as any right to engage in collective action, such as a class action, class arbitration, or representative action.

SOCIAL NFT Marketplace reserves the right, at our absolute discretion, to amend or alter these Terms of Use at any time. By signing into your account (access through your wallet), accessing or using the Site after any update to these Terms of Use, you consent to be bound by the amended Terms of Use and all terms incorporated therein by reference. We urge you to periodically review the Terms of Use to ensure that you are aware of the terms and conditions that apply when you visit or use the Site.

2) Your SOCIAL NFT Marketplace Platform

You will access the platform from your wallet. The most common way is to use chrome and to install a browser extension called MetaMask. Although you will be able to use other wallets MetaMask is the most common. Wallets are digital and allow you to purchase directly or through a third party. You will not be able to engage in any transactions on the Platform other than through MetaMask or other authorized digital wallets. The Platform will only recognize you as a User, and you will only be able to interact with the Platform.

The following terms and conditions apply to your SOCIAL NFT Marketplace account:
Access: you understand and accept that access to your SOCIAL NFT Marketplace account is restricted to the wallet owner only. Without our prior written permission, you agree not to sell, rent, lease, or give access to your SOCIAL NFT Marketplace account to anyone.
Protection: You accept and agree that you are solely responsible for the security of your account and for maintaining control over any user names, passwords, or other codes you use to access the Services. Third-party access to your account may result in the loss or theft of SOCIALS and/or funds kept in your account and any related accounts, including your linked in account. You accept and consent that you will not hold us accountable for the maintenance and protection of your account. You also understand and accept that we are not liable for any unauthorized access to or use of your account (and you will not hold us liable). You are in charge of keeping an eye on your account. If you find any irregular or suspicious behavior in your account, please contact us immediately.
Content: All NFT content on the SOCIAL NFT Marketplace platform is created by Users. SOCIAL NFT Marketplace Company makes no representations or warranties as to the quality, origin, or ownership of any content found in the Offerings. SOCIAL NFT Marketplace Company shall not be liable for any errors, misrepresentations, or omissions in, of, and about, the content, nor for the availability of the content. SOCIAL NFT Marketplace shall not be liable for any losses, injuries, or damages from the purchase, inability to purchase, display, or use of content.

Fees: By purchasing or selling a SOCIAL on SOCIAL NFT Marketplace, you agree to pay all relevant fees and allow SOCIAL NFT Marketplace to deduct fees from your payment automatically. Service fees may be adjusted from time to time in the sole discretion of the SOCIAL NFT Company. Commissions are set in the sole discretion of the Collectible creator.
No Refunds: All transactions involving the Offering are final. All Fees relating are non-refundable except at the sole discretion of SOCIAL NFT Company (for service fees and other fees within its control) or applicable third parties.

3) Account Suspension

You accept that SOCIAL NFT Marketplace has the right to suspend, pause, or cancel your connection to the Services, or close your account if we believe, in our absolute discretion, that your account is being used for money laundering, terrorist activity, fraud, or other illegal activity.

Any Collectible that infringes or in a manner infringing the copyright, trademark, patent, trade secret or other intellectual property or other proprietary rights of others, or upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws (including, copyright or trademark laws) or rights of privacy or publicity unless consent is given to creator from the original owner.

4) Communication

You agree that we may send you promotional communications by email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you.

You agree that we may send you communications by email or text message that pertain to the status of a purchase or sale of a SOCIAL NFT on SOCIAL NFT Marketplace, and other communications that pertain to your interaction with the website, including but not limited to notifications about the status of a SOCIAL NFT you are interested in purchasing.

You may opt out of promotional communications at any time by following the instructions provided therein.

5) User Content

The Platform allows (1) users to connect to the platform where they can post information about themselves, their work, art, and view SOCIALS that they own (collectively, “Social Book”); and (2) artists or creators of SOCIALS (collectively, “SOCIAL NFT Creators”) to post their SOCIALS (“SOCIAL NFT Marketplace Creations”) All User Content shall adhere to the following guidelines:
Your Profile Information would be considered non-confidential and non-proprietary if you add it to the Web. By uploading User Content to the Website, you grant us and our associates, as well as their respective licensees, successors, and assigns, the right to use, reproduce, alter, execute, view, distribute, retransmit, print, broadcast, and otherwise reveal any such material to third parties for any reason. You reflect and warrant that (1) you own and control all rights to your User Content, and that you have the authority to issue such licenses to us and our associates, as well as their respective licensees, successors, and assigns; and (2) all of your User Content complies with these Terms of Use.

You recognize and accept that you, not SOCIAL NFT Marketplace, are solely responsible for any User Content you send or contribute, and that you, not SOCIAL NFT Marketplace, are solely responsible for such content’s legality, reliability, accuracy, and appropriateness. We are not liable to any third parties for the quality, accuracy, or appropriateness of any User Content posted on the Site by you or any other user.

You give SOCIAL NFT Marketplace permission to use your name and picture for marketing and promotional purposes, if you are a SOCIAL NFT Maker. If you are a SOCIAL NFT Artist, you accept that we will use your biography and other publicly available information to promote the SOCIALS that you have made.

As a SOCIAL NFT Maker, you understand and accept that:
– You are responsible for the accuracy and quality of your SOCIAL NFT Creations;
– Any SOCIAL NFT Creation that breaches any of SOCIAL NFT Marketplace policies can be obfuscated or removed at SOCIAL NFT Marketplace’s sole discretion;
– You will value other SOCIAL NFT Creators’ intellectual property; and
You will not align pricing with other SOCIAL NFT Creators.

We reserve the right to decline you from uploading your SOCIAL NFT Creations at our absolute discretion. Although we are not obliged to track any User Content, we reserve the right to do so at our discretion at any time and for any reason. SOCIAL NFT Marketplace reserves the right to track User Content in order to identify and avoid fraud or breaches of these Terms of Service.

6) Ownership

The Web, all content, and all other materials contained therein, including, without limitation, the SOCIAL NFT Marketplace logo, and all designs, text, graphics, pictures, details, data, software, sound files, and other files, and the collection and arrangement thereof (collectively, “SOCIAL NFT Marketplace Content”) are the proprietary property of SOCIAL NFT Marketplace or our ad hoc partners. The SOCIAL NFT Marketplace logo, as well as any other SOCIAL NFT Marketplace product or service names, logos, or slogans that appear on the Site or anywhere, are trademarks of SOCIAL NFT Marketplace or our affiliates and may not be reproduced, imitated, or used, in whole or in part, without our prior written permission.

Without our express written permission, you cannot use any SOCIAL NFT Marketplace Content on the Site. Without our express written permission, you may not use framing techniques to enclose any SOCIAL NFT Marketplace Material. Furthermore, the look and feel of the Site and Content, including without limitation all page headers, custom graphics, button icons, and scripts, are SOCIAL NFT Marketplace’s service mark, trademark, or trade dress, and may not be copied, imitated, or used, in whole or in part, without SOCIAL NFT Marketplace’s prior written permission.

7) Intellectual Property

All other trademarks, product names, and logos on the Web, with the exception of the SOCIAL NFT Marketplace Content, are the property of their respective owners and may not be reproduced, imitated, or used, in whole or in part, without the permission of the relevant trademark holder. If you feel that third-party material hosted by SOCIAL NFT Marketplace infringes on your copyright or trademark rights, without restricting the above, please contact us at [email protected]

In this case, please provide the following details to SOCIAL NFT Marketplace Copyright Agent: (1) a description of the copyrighted work that you believe has been infringed; (2) a description of the place on Site of the content that you claim is infringing; (3) an electronic or physical signature of the individual allowed to act on behalf of the owner of the copyright interest; (4) your name, address, phone number, and e-mail address; (5) a written declaration by you that the disputed use is not allowed by the copyright owner, its representative, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Serial infringers will have their accounts suspended or terminated by SOCIAL NFT Marketplace. SOCIAL NFT Marketplace’s response can be contingent on aggravating or mitigating circumstances, but in general, if an account receives three legitimate violation notifications, it will be terminated.

8) Your Use of SOCIAL NFT Marketplace

We grant you a revocable, exclusive, non-exclusive, non-transferable license to access and use the Site and Content. The following conditions relate to our grant of such a license:

Illegal Conduct: You agree not to participate in, or assist in, any activity that violates any legislation, statute, ordinance, rule, or sanctions program, including but not limited to the Canada’s Department of Treasury’s sanctions program.

Abusive Behavior: You agree not to participate in any activity that puts SOCIAL NFT Marketplace at risk, such as spreading a virus or other malicious code or gaining unauthorized access to the Site or other users’ accounts.

Improper Behavior: You consent not to prohibit other users from accessing or using the Services.

Communication: You agree not to communicate with other users for the purposes of (1) sending unsolicited ads or advertisements, donation requests, or spam; (2) threatening or insulting other users; or (3) interfering with other users’ transactions. You agree not to contact people, businesses, or other persons or organizations outside the Site for any purpose using data obtained from the Site.

Fraud: You agree not to participate in any activity that aims to defraud SOCIAL NFT Marketplace, other users, or anyone else, or to provide SOCIAL NFT Marketplace with any fraudulent, inaccurate, or misleading details.

Gambling: You agree not to use the Facilities to compete in any lottery, auctions, tournaments, sweepstakes, or other games of chance.

Taxes: You acknowledge that you are solely responsible for determining whether or not taxes apply to your SOCIAL NFT Marketplace transactions. The taxes that apply to your SOCIAL NFT Marketplace transactions are not determined by SOCIAL NFT Marketplace or any other SOCIAL NFT Marketplace Party.

Intellectual Property Infringement: You agree not to (1) participate in transactions involving products that infringe or breach any copyright, trademark, right of publicity or privacy, or any other proprietary right under the law; (2) use SOCIAL NFT Marketplace Content (as described in Section 7 above) without SOCIAL NFT Marketplace’s express written consent; or (3) engage in any action that suggests an untrue endorsement.

Hyperlinks: You are given a restricted, non-exclusive, non-transferable, revocable license to create a text hyperlink to the Site for noncommercial purposes, provided that the link does not represent SOCIAL NFT Marketplace, our affiliates, or the Services in an inaccurate, deceptive, derogatory, or otherwise defamatory manner, and that the linking site does not contain any adult or illegal material.

Additional Prohibitions: You agree not to (1) upload, print, broadcast, reprint, copy, retransmit, or publicly view any Material; (2) alter or construct derivative works from the Site or Content, or any portion thereof; (3) use any data mining, robots, or similar data gathering or extraction methods on the Site or Content; (4) download any portion of the Site or Content, other than for personal use; or (5) use any data mining, robots, or similar data gathering or extraction methods on the Site or Content.

Please contact us at [email protected] if you are unsure if a proposed use will be in breach of these Terms of Use.

9) Privacy

You understand and consent that your personal information maybe be required or collected, used, and released in compliance with SOCIAL NFT Marketplace’s Privacy Policy, which is incorporated by reference into this User Agreement.
10) Modifications
You agree and accept that we reserve the right to make changes to SOCIAL NFT Marketplace or the Services at any time.

10) Risks

Please be aware of the following dangers when using or accessing SOCIAL NFT Marketplace: The price and liquidity of blockchain assets, such as SOCIALS, are extremely volatile and may fluctuate drastically. Price fluctuations in other digital assets can have a material and negative impact on SOCIALS, which may also be subject to considerable price volatility.
Legislative and regulatory adjustments or acts at the province, federal, and international levels could have a negative impact on the use, move, trade, and value of SOCIALS. SOCIAL NFT Marketplace bills aren’t legal tender, and the government doesn’t back them up. Damages arising from fraudulent or unintentional transactions may not be recoverable. Any transactions in the SOCIALS will be considered completed until they are registered on a public ledger, which may or may not be the same as the date or time you initiated the transaction. The value of SOCIALS may be derived from market participants’ continued willingness to swap fiat currency or digital assets for SOCIALS, which may result in the permanent and absolute loss of value of a specific asset. Changes to Third Party Sites (discussed in Section 12 below) can create a risk that your access to and use of the Site will suffer due to the nature of SOCIALS, which may lead to an increased risk of fraud or cyber assault. Changes to Third Party Sites (discussed in Section 12 below) can create a risk that your access to and use of the Site will suffer due to the nature of SOCIALS.
You accept and agree that you are solely responsible for evaluating the existence, potential benefit, suitability, and appropriateness of these risks for yourself, and that SOCIAL NFT Marketplace does not include advice or guidance about SOCIAL NFTs, including their suitability and appropriateness, as well as investment strategies for SOCIALS. You agree and accept that by accessing and using SOCIAL NFT Marketplace, you are agreeing to the following terms and conditions. This brief statement, however, does not cover all of the dangers that come with SOCIALS and other digital properties. You acknowledge and accept that SOCIAL NFT Marketplace is not liable for any communication failures, disturbances, mistakes, distortions, or delays you may encounter while using SOCIALS, regardless of the cause.

11) Third Parties

To execute SOCIAL NFT Marketplace transactions, SOCIAL NFT Marketplace can use third-party platforms such as MetaMask. Third-party websites or applications (collectively, “Third Party Sites”) can be linked from our Platform. Third Party Sites are not managed or operated by SOCIAL NFT Marketplace. You accept and consent that your use of any Third Party Platform is subject to any applicable terms of service and/or privacy policies. Before continuing with any transaction with any third party, you should review any terms of use and/or privacy policies offered by such Third Party Site and perform whatever investigation you find necessary or reasonable.
SOCIAL NFT Marketplace offers these Third Party Sites for your convenience only and does not authorize, track, support, warrant, or make any claims about them, their goods, or services. All links on Third Party Sites are used at your own risk. Our Agreement and policies no longer apply once you leave our Site. We can, but are not obliged to, alert you to the fact that you have a virus.

12) Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SOCIAL NFT MARKETPLACE, THE WEBSITE, CONTENT CONTAINED THEREIN, AND SOCIALS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SOCIAL NFT MARKETPLACE (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

WE 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 WEBSITE. SOCIAL NFT MARKETPLACE DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

WHILE SOCIAL NFT MARKETPLACE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE WEBSITE AND CONTENT SAFE, SOCIAL NFT MARKETPLACE GATEWAY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CONTENT, ANY SOCIALS 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.

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 SOCIALS INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (1) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (2) SERVER FAILURE OR DATA LOSS; (3) CORRUPTED WALLET FILES; (4) UNAUTHORIZED ACCESS TO APPLICATIONS; (5) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR SOCIALS.

SOCIALS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE PLATFORM. WE DO NOT GUARANTEE THAT SOCIAL NFT MARKETPLACE OR ANY SOCIAL NFT MARKETPLACE PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY SOCIALS.

SOCIAL NFT Marketplace is not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of SOCIALS. SOCIAL NFT Marketplace is not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting SOCIALS including forks, technical node issues or any other issues having fund losses as a result.

Nothing in this Agreement shall exclude or limit 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.

TO THE FULLEST EXTENT PROVIDED BY LAW, SOCIAL NFT MARKETPLACE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND CONTENT CONTAINED THEREIN.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SOCIAL NFT MARKETPLACE 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, PRODUCTS OR THIRD PARTY SITES AND 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF SOCIAL NFT MARKETPLACE GATEWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, PRODUCTS OR THIRD-PARTY SITES AND 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 THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SOCIAL NFT MARKETPLACE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, CONTENT, SOCIALS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100 OR
(B) THE AMOUNT YOU HAVE PAID TO SOCIAL NFT MARKETPLACE FOR THE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE.
 THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF SOCIAL NFT MARKETPLACE FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF SOCIAL NFT MARKETPLACE’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF SOCIAL NFT MARKETPLACE’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

14) Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless SOCIAL NFT Marketplace, and our respective past, present and future 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 “SOCIAL NFT Marketplace 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 Website, Content or SOCIALS, (b) any Feedback you provide, (c) your violation of these Terms of Use, and (d) your violation of the rights of a third party, including another user or MetaMask. You agree to promptly notify SOCIAL NFT Marketplace of any third-party Claims and cooperate with the SOCIAL NFT Marketplace Parties in defending such Claims. You further agree that the SOCIAL NFT Marketplace Parties shall have control of the defense 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 SOCIAL NFT MARKETPLACE.

15) Governing Law

These Terms of Use, your use of SOCIAL NFT Marketplace, your rights and obligations, and all actions contemplated by, arising out of or related to these Terms of Use shall be governed by the laws of St. Vincent and the Grenadines as if these Terms of Use are a contract wholly entered into and wholly performed within St. Vincent. YOU UNDERSTAND AND AGREE THAT YOUR USE OF SOCIAL NFT MARKETPLACE AS CONTEMPLATED BY THESE TERMS OF USE SHALL BE DEEMED TO HAVE OCCURRED IN ST. VINCENT AND BE SUBJECT TO THE INTERNAL LAWS OF ST. VINCENT WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.

16) Disputes

Please read the following arbitration agreement (“Arbitration Agreement”) carefully. This provision allows you to settle conflicts with SOCIAL NFT Marketplace by arbitration and restricts your options for obtaining relief from us.

All Users hereby agree that any arbitration or other permitted action with respect to any Dispute shall be conducted in their individual capacities only and not as a class action or other representative action, and the Users expressly waive their right to file a class action or seek relief on a class basis. USERS SHALL BRING CLAIMS AGAINST SOCIAL NFT MARKETPLACE COMPANY OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING

You accept that any conflict or argument relating in any way to: your access, use, or attempted access or use of the Site; any goods sold or distributed through the Site; or any aspect of your relationship with SOCIAL NFT Marketplace will be resolved by binding arbitration, with the exception of any claim relating to: your access, use, or attempted access or use of the Site; or any aspect of your relationship with SOCIAL NFT Marketplace (1) You or SOCIAL NFT Marketplace can pursue equitable redress in court for infringement or other abuse of intellectual property rights if your claims qualify for small claims court; and (2) you or SOCIAL NFT Marketplace can seek infringement or other misuse of intellectual property rights in small claims court if your claims qualify (such as trademarks, trade dress, domain names, trade secrets, copyright, or patent). You accept that all such arbitration would be determined purely by binding arbitration held in St Vincent. Any such arbitration shall be performed in compliance with the then-current Streamlined Arbitration Rules & Procedures, with the exception that any dispute involving claims and counterclaims in excess of $250,000, not including attorneys’ fees and interest, shall be governed by the then-current Comprehensive Arbitration Rules and Procedures of the determined organization.

The arbitrator shall have exclusive jurisdiction to: (1) assess the scope and enforceability of this Arbitration Agreement; and (2) settle any dispute arising out of the understanding, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any argument that all or part of this Arbitration Agreement is invalid or voidable. (3) assess your and SOCIAL NFT Marketplace’s rights and liabilities, if any; (4) grant motions dismissing all or part of any claim; and (5) award monetary damages and any non-monetary remedy or relief available to a party under applicable law, arbitration rules, and these Terms of Use (including the Arbitration Agreement). The arbitrator has the same right to grant individual relief. The arbitrator will issue a written award and statement of decision detailing the main findings and assumptions that contributed to the award, as well as the amount of any damages awarded. You and we are both bound by such a decision. By agreeing to this Arbitration Agreement, you and SOCIAL NFT Marketplace are both waiving your right to a jury trial and to engage in a class action or class arbitration.

If any part of this Arbitration Agreement is found to be null or unenforceable, that part shall be severed, and the remaining portions of the Arbitration Agreement shall remain in full force and effect.

This Arbitration Agreement will remain in effect until your relationship with SOCIAL NFT Marketplace has ended.

17) Termination

We reserve the right to terminate your license to access or use the Site or Content at any time and for any cause, without warning and in our absolute discretion. In such a case, you understand and accept that we will have no responsibility or duty to you.

18) Severability

If any word, clause, or provision of these Terms of Use is found to be unconstitutional or unenforceable, the term, clause, or provision will be severable from the remainder of these Terms of Use and will not impact the validity or enforceability of the remaining part of that term, clause, or provision, or any other words, clauses, or provisions of these Terms of Use.

Full Agreement

These Terms of Use reflect the entire agreement between you and SOCIAL NFT Marketplace regarding your access to and use of the Site and Content, and supersede any and all previous negotiations, agreements, and understandings (including without limitation prior versions of this User Agreement). Unless otherwise stated, these Terms of Use are solely for the benefit of the parties concerned.

19) Survival

All clauses of these Terms of Use will survive the termination or expiration of these Terms of Use, you accept and understand.

20) Contact Information

Please contact us at Telegram if you have any concerns, would like to provide input, or would like more information about SOCIAL NFT Marketplace.

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