1. TERMS OF USE
These Terms of Use constitute a legally binding agreement made between you, the client whether personally or on behalf of an entity (“Client” or “You”) and NFT Trading Cards, LLC ("Company," “we," “us," or “our”), concerning your access to and use of the Website and Trading Card Creator Software.
Client and Company may be referred to individually as "Party" and collectively as the "Parties."
The Company is merely a technology platform, and is not your broker, intermediary, agent, or legal advisor and has no fiduciary relationship or obligation to you in connection with any decisions or activities effected by you using the Website or the Services. No communication or information provided to you by the Company is intended as or will be considered or construed as, the solicitation of an offer to buy, the investment advice, financial advice, legal advice, or any other sort of advice. All Services and transactions will be executed automatically based on the parameters of your consideration. You will be solely responsible for determining whether any Services, or investments are suitable and match your interests according to your judgement, objectives, circumstances, and risk tolerance. You will be solely responsible for any losses or liabilities therefrom.
NOW THEREFORE IN CONSIDERATION of the promises and the agreements, undertakings, and covenants are hereinafter written, the parties hereby mutually agree as follows:
1. Statement of Services- Company will provide Client with access to the Trading Card Creator, a software that allows Client to design its own Trading Card after uploading data such as name, description, image, sport etc. (the “Services”).
- After the creation of the card, Client has the option to save or mint the card as an NFT.
- The NFT created shall be minted on the Opensea.io marketplace and the Ethereum blockchain.
a) For the Services provided by the Company, Company shall be entitled to receive a percentage of the sales all Trading Card NFTs, as follows:
First Sale
- Client: 90%
- Company: 7,75%
- Opensea.io: 2,25% (transaction fees)
All Subsequent Sales
- NFT Owner: 93,25%
- Client: 2,25%
- Company: 2,25%
- Opensea.io: 2,25% (transaction fees)
3. Account
a) You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your Account and you accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, then you should immediately notify us.
b)You must be at least 18 years old to agree to these Terms and use the Service. If you are the parent or legal guardian of a child younger than 18 years of age (a “Minor”), you may allow such Minor to use the Service solely through your Account and with your approval and oversight.
c) You, as the Account holder, are responsible for all actions occurring through your Account, including all financial charges and legal liability associated with such Account, even if such charges or liability are incurred by a Minor.
4. Client Representations
a) By using the Website, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Website for any illegal or unauthorized purpose; and (5) your use of the Website will not violate any applicable law or regulation.
b) If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
5. Company’s representations and warranties
Company represents and warrants that:
a) Company hereby represents to the Client that the execution and delivery of this Agreement by Company and the performance of Company's duties hereunder shall not constitute a breach of, or otherwise contravene, or be prevented, interfered with or hindered by, the terms of any agreement or policy to which Company is a party or otherwise bound, and further that Company is not subject to any limitation on its activities as a result of agreements into which Company has entered except for obligations of confidentiality with former clients.b) The Services do not infringe or misappropriate any copyright, patent, trade secret, trademark, or other proprietary right held by any third party;
c) The Services will meet the specifications described in this Agreement, will be complete and accurate, and will comply with all applicable laws and regulations;
6. Disclaimer
a) The website is provided on an as-is and as-available basis. You agree that your use of the website and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the website and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
b) We make no warranties or representations about the accuracy or completeness of the website’s content or the content of any webapps linked to the website and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the website, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website.
c) We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website, any hyperlinked webapp, or any webapp or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
7. Non-disparagement
a) Parties agree not to disparage or denigrate each other orally or in writing, and that neither Party nor anyone acting on its behalf will publish, post, or otherwise release any material in written or electronic format, make speeches, gain interviews, or make public statements that mentioned the other Party, its operations, employees, products, or services without the prior written consent of the other Party.
8. Limitation of Liability
a) In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website, even if we have been advised of the possibility of such damages.
b) Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain us state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
9. Miscellaneous provisions
a) Force Majeure. If performance of this Agreement or any other obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either Party's reasonable control, and if the Party unable to carry out their obligations gives the other Party prompt written notice of the circumstances, then the obligations of the Party invoking this provision shall be suspended to the event necessary by such circumstances.
- The term "Force Majeure" shall include, but is not limited to, acts of God, fire, explosion, vandalism, flood, storm, illness, injury, earthquake, general unavailability of essential materials, orders of military or civil authority, national emergencies, riots, strikes, lock-outs, work stoppages, or other labor disputes or supplier failures.
- The Party excused by such events shall use all reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased.
- An act or omission shall be deemed within the reasonable control of a Party if committed, omitted, or caused by such Party, or its employees, officers, agents, subsidiaries, or affiliates.
c) Waiver of Contractual Rights. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
d) Headings. The section and paragraph headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, govern, limit, modify, or construe the scope or extent of the provisions of this Agreement to which they may related. Such headings are not part of this Agreement and shall not be given any legal effect.
e) Amendments. This Agreement may be modified or amended if and only if the amendment is made in writing and signed by both Parties.
f) Severability. If any provision of this Agreement shall be held to be valid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
g) Assignment. This Agreement shall be binding upon and inure to the benefit of each Party's successors and assignees. Neither party may assign this Agreement, in whole or in part, without the other Party's prior written consent; provided, however, that the sale of any portion of the assets of either Party, or any of its subsidiaries, its acquisition by merger into another Client, shall not be deemed an assignment of this Agreement by such Party.
h)Governing Law and Jurisdiction. This Agreement shall be governed by the laws applicable at Company’s headquarters. Parties agree to submit all disputes arising out of this Agreement to the competent courts from Company’s headquarters.
CONTACT US
In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at:
NFT Trading Cards™
3131 Village Blvd
Suite 305
West Palm Beach, FL 33409
United States
1-561-281-8330
info@nft-tradingcards.biz