As of: 4/5/2021
Nifty Zone (“Marketplace”), which comprises all webpages located at https://www.niftyzone.com (“Site”), is owned and operated by Nifty Zone Pte. Ltd. (“we”; “us”). The Marketplace is a marketplace for buying and selling non-fungible tokens (“NFTs”) with an Asian artiste focus.
1. Agreement and Acceptance
These Terms are between yourself and us, and set out your rights and obligations in accessing or using the Marketplace and Services.
Parts of these Terms will be applicable to you depending on how you access, act on, or use the Marketplace or Services. You should review these Terms closely. By accessing or using the Marketplace or Services, you are deemed to agree to the parts of these Terms that thereby apply to you.
If you do not agree to any part of these Terms, please promptly refrain from accessing or using the Marketplace and Services.
2. Updates and Modifications
We may update or change any part of these Terms at any time in our sole discretion. While we may notify you of such updates or modifications, we are not obliged to do so and you remain responsible for keeping yourself updated of the latest version of these Terms. You agree that your continued access to and use of the Site constitutes acceptance of and agreement to the latest version of these Terms in each instance.
3. Your Account and the Services
To use the Services, including participating in Marketplace activities, you need to create an account with the Marketplace (“Account”).
1.1 Account Creation
1.2 Account Security
The security of your Account is affected by many factors, including access by third parties. You are responsible for keeping your Account secure, and shall not share your account, transfer your login, or otherwise enable unauthorized access to your Account or the Services. If you notice any suspicious or unauthorized activity in your Account, please contact us promptly at [email protected]
1.3 Suspension and Termination
We reserve the right to suspend or terminate your Account or access to any Service at any time in our sole discretion when we consider it appropriate to do so. This includes, without limitation, when we suspect that your Account is involved in any unlawful activity, or you have materially violated any of these Terms or the terms of a Marketplace transaction.
4. Transacting in the Marketplace
You may buy or sell NFTs in the Marketplace through your Account.
1.4 Buying NFTs
NFTs are sold in the Marketplace on an auction basis. Bids may be placed for a period of time determined by the seller (the “Bid Window”). To buy an NFT, you will need to place a bid through your Account during the Bid Window. You may modify or delete your bid at any time before the Bid Window closes.
Please note that merely placing a bid does not guarantee that your bid will be accepted. For example, there may be later buyers that place higher bids and are therefore accepted instead by the seller. The seller may also choose not to sell the NFT at all. We are not responsible for any decision made by sellers regarding their sales of their NFTs.
NFT prices may be denominated in fiat or cryptocurrencies. Unless otherwise stated for the specific transaction involved, any applicable exchange rate for an NFT will be that as of the settlement date.
1.5 Selling NFTs
To sell any NFT in the Marketplace, you will additionally need to agree to the Seller Agreement. The Seller Agreement addresses NFT- and transaction-specific matters, including what rights will attach to each NFT you sell and be transferred to the buyer thereof, and your rights and obligations as a seller.
We will communicate with you using the contact information you provide to us or through Account-related channels. We will send important information about the Marketplace, your transactions, or your Account to you based on the contact information you provide, so please ensure that your contact information remains current and update us of any changes.
We may also occasionally send you marketing information. You may opt out of receiving such information at any time by following the instructions in the relevant communication.
6. Your Content
When you open an Account, you may create a profile page viewable by other Account holders. Information you may post on this profile page includes information about yourself, the types of NFTs you are interested in, and the NFTs you are selling.
Please note that you may post only information that:
a.) complies with the Marketplace Terms;
b.) does not infringe anybody’s intellectual property rights; and
c.) is not offensive, degrading, or harassing.
You are responsible for all information you post in the Marketplace or when using the Services (“Content”). You agree that we may publish, reproduce, modify, share, distribute, or otherwise use information on your profile page for any purpose, including for Marketplace marketing materials. When you post Content, you represent and warrant that you are allowed to do so. This includes having received prior permission from third parties to reproduce the subject matter of your Content, and for our subsequent reproduction of your Content, if applicable.
You agree that we are not responsible for your Content and shall not be held liable in any way or to any third party for it. You further agree to provide such support to us as we may reasonably request should we become involved in a third-party dispute concerning your Content including, without limitation, by providing us with an indemnity or requested information.
7. Your Conduct
In exchange for accessing or using the Marketplace or Services, you agree to refrain from engaging in, facilitating, or enabling any activity that would or may:
a.) be considered unlawful under applicable laws (including the laws of the jurisdiction(s) you reside in and the laws of Singapore);
b.) adversely affect us, the Marketplace’s operations, or any other Marketplace user in any way, including by sending any malicious code;
c.) disrupt anybody’s access to or use of the Marketplace or Services, or their Account; and
d.) constitute an attempt to obtain information of any kind that you have no right to, including by scraping the Site, reverse engineering our technology, and hacking other Accounts.
This Site, the Services, the Marketplace, and all content therein are provided on an “as is” and “as available” basis and we disclaim, to the maximum extent permitted by applicable laws, all representations, warranties, or guarantees of any kind, whether express, implied, statutory, or otherwise including, without limitation, warranties of merchantability, fitness for a particular purpose, title, and non-infringement regarding this Site, the Services, or the Marketplace, and all content therein. The foregoing does not affect any warranties that cannot be excluded or limited under applicable laws.
Although we will make reasonable efforts to ensure the security of this Site and the Marketplace, we do not warrant or guarantee that either is entirely free of viruses, malware, or other harmful or corrupting elements, or will not be susceptible to attacks. There are inherent security risks of transacting through the Internet and we do not guarantee that this Site, the Services, or the Marketplace will always be available on a timely, secure, or uninterrupted basis, or that the content available is true, complete, and accurate. You agree that we shall not be liable for any loss or damage directly or indirectly sustained unless caused solely by our gross negligence or wilful misconduct.
9. Limitation of Liability
We shall not be liable to you or any third party for any direct or indirect loss or damage arising out of or in connection with these Terms, this Site, the Services, or the Marketplace, and all content accessible within or through the same unless such loss or damage is proven to have been caused solely by our gross negligence, fraudulent conduct, or wilful misconduct. In any event, our maximum aggregate liability shall be limited to in each instance to the lower of (1) S$500 or (2) what you have paid to us in fees for Services, if applicable, within the preceding three calendar months of the event giving rise to our liability.
To the fullest extent permitted by applicable laws, you agree to indemnify and hold harmless ourselves and our employees, officers, directors, owners, related companies, agents, representatives, successors, assigns, contractors, and service providers (individually, “Indemnified Party” and collectively, “Indemnified Parties”), from and against any and all third party claims, costs, and expenses (including, without limitation, attorneys’ fees and expenses) incurred or asserted (collectively, “Claims”), to have arisen out of or in connection with, or been caused by, your (a) use or misuse of the Site, the Services, or the Marketplace; (b) violation of the Marketplace Terms, or (c) violation of the rights of any third party, including any other Marketplace user. You shall promptly inform us of any and all such Claims and cooperate fully with us in defending such Claims. You agree that our cooperation in such defense is without waiver of any attorney-client, work product, or other legal privileges, and that we may take over the management of such defense at any point. This indemnity is additional to, and not in lieu of, any other indemnities entered into via any other written agreement between you and us.
11. Intellectual Property
Unless otherwise expressly stated, all images, trademarks, logos, and content in general (whether visual or audio) on the Site are the property of their relevant owners. You agree not to copy, reproduce (whether as is or with modifications), distribute, or otherwise use such content for commercial or marketing purposes without our prior written permission.
You further represent and warrant that no part of your Content infringes any third party’s intellectual property rights. You agree that we have the right to take such action as we think appropriate should we have reason to suspect any intellectual property infringement by you.
12. Third Party Sites and Services
We engage third party service providers to support our provision and maintenance of this Site and the Marketplace, and the Services. While we will take reasonable measures to ensure a minimum service level from these service providers, we do not warrant any particular standard or quality. You agree that we shall not be responsible or liable for any loss you may sustain in connection with any such service provider’s disrupted service or other issues.
13. NFT Risk Warnings
We provide the following risk warnings for general information only. They are not comprehensive or tailored to any particular user profile. You are responsible for deciding to transact in any NFT, and should carefully consider whether such participation is suitable for you given your particular circumstances. The fact that we allow you access to the Marketplace and the ability to transact therein does not mean that we believe or represent to you that any Marketplace transaction in any NFT you participate in will be suitable for you.
The prices of NFTs traded in the Marketplace are dependent on market forces and may therefore be highly volatile or an inaccurate representation of their true value. Liquidity of the NFTs may likewise be highly unpredictable, and it is possible that your NFTs may at some point be illiquid. The legislative and regulatory regime regarding NFT transactions is still developing, and changes may adversely impact transactions in NFTs. As proof of ownership of NFTs is recorded in the blockchain, transactions that are entered into by mistake or are fraudulent may nonetheless be irreversible.
14. Governing Law
These Terms are governed by and shall be construed in accordance with the laws of the Republic of Singapore
15. Dispute Resolution
All disputes arising out of or in relation to these Terms shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC then in force.
16. Fees and Taxes
We reserve the right to charge or modify fees from time to time in our sole discretion, and will provide you with relevant details in advance as far as reasonably possible.
You are responsible for determining whether any taxes apply to your transactions in the Marketplace. We have no obligation to inform you of your tax responsibilities. You are advised to seek professional advice on this matter.
17. Entire Agreement
These Terms comprise the entire agreement between you and us relating to your access to and use of the Site, Marketplace, and Services, and supersede all prior discussions and agreements, whether verbal or written. For the avoidance of doubt, all prior versions of these Terms are deemed to be replaced each time these Terms are updated.
If any part of these Terms is found to be invalid or unenforceable under Singapore law, that part shall be severable from these Terms and shall not affect the validity, binding nature, or enforceability of any remaining part of these Terms.
19. Support and Queries
You may contact us at [email protected] if you require technical support or have any questions.