Effective Date: April 1, 2021
Last Updated: April 30, 2021
THE SERVICE IS ONLY OPEN TO CONSENTING ADULTS WISHING TO EXCHANGE ADULT CONTENT FOR PAYMENT OR VICE VERSA. WE HAVE ZERO TOLERANCE FOR ANY MINORS ON THE NASFTY PLATFORM, WHETHER SUCH INDIVIDUALS ARE ACTUALLY MINORS OR PRETENDING TO BE MINORS. MOREOVER, WE HAVE ZERO TOLERANCE FOR ANY IMAGE OF ANY MINOR BEING UPLOADED TO OUR PLATFORM FOR ANY REASON. ALL IMAGES, VIDEOS, OR OTHER CONTENT THAT YOU UPLOAD TO NASFTY MUST REPRESENT OR DEPICT ONLY PERSONS WHO ARE OF THE AGE OF MAJORITY. WE REQUIRE PROOF OF AGE FOR ALL PERSONS DEPICTED IN IMAGES VIDEOS, OR OTHER CONTENT THAT YOU UPLOAD TO NASFTY. PLEASE BE ADVISED THAT WE RESERVE THE RIGHT TO AND DO REPORT EACH AND EVERY SUSPECTED MINOR TO THE NATIONAL AND INTERNATIONAL AUTHORITIES (IN THE US, THE NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN) AND ANY AND ALL OTHER LAW ENFORCEMENT AGENCIES WE FEEL APPROPRIATE. IF YOU BELIEVE THAT A MINOR IS USING THE SITE, WE STRONGLY REQUEST AND ENCOURAGE YOU TO REPORT EACH AND EVERY USER YOU ENCOUNTER WHOM YOU BELIEVE OR SUSPECT TO BE UNDER THE AGE OF 18. ALL REPORTS ARE REVIEWED AS QUICKLY AS WE CAN. IF YOU ARE A MINOR, YOU MUST IMMEDIATELY LEAVE THIS SITE NOW. YOU ARE NOT LEGALLY PERMITTED ON NASFTY FOR ANY REASON, AND IF WE FIND YOU ON THIS SITE, WE WILL REPORT YOU TO LAW ENFORCEMENT AS NOTED ABOVE. WE WILL NOT REACTIVATE YOU FOR ANY REASON.
WHEN YOU ACCESS THE PLATFORM, YOU UNDERSTAND THAT YOU MAY SEE GRAPHIC DEPICTIONS OF NUDITY, EXPOSED GENITALS AND PERSONS ENGAGED IN EXPLICIT SEXUAL ACTIVITY CONSISTING OF PEOPLE OF DIFFERENT GENDERS, PEOPLE OF THE SAME GENDER, AS WELL AS SEXUAL ACTS INVOLVING MORE THAN 2 INDIVIDUALS. BY ACCESSING AND/OR USING THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU WISH TO SEE SUCH MATERIAL AND THAT THESE TERMS FORM THE BINDING AGREEMENT BETWEEN YOU AND NASFTY REGARDING YOUR USE OF THE PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST IMMEDIATELY EXIT THE PLATFORM AND NOT ACCESS THE PLATFORM AGAIN FOR ANY REASON.
IF YOU UPLOAD ANY CONTENT TO THE PLATFORM OTHER THAN YOUR OWN PHOTOS OR VIDEOS DEPICTING ONLY YOURSELF, YOU ASSERT THAT YOU HAVE ALL THE NECESSARY RIGHTS TO UPLOAD, DISPLAY, OFFER, AND SELL THE CONTENT THAT YOU UPLOAD. IF YOUR CONTENT COMPRISES PHOTOS OF VIDEOS OF PERSONS OTHER THAN YOURSELF, IN ADDITION TO THE REQUIRED PROOF THAT THE DEPICTED PERSONS ARE OF THE AGE OF MAJORITY, WE MAY ADDITIONALLY REQUIRE PROOF OF YOUR RIGHT TO UPLOAD, DISPLAY, OFFER AND SELL THIS CONTENT, E.G. COPIES OF DULY SIGNED MODEL RELEASES.
YOU MAY NOT USE THE SERVICE IF YOU: (I) DO NOT AGREE TO THESE TERMS; (II) ARE NOT OF THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; OR (III) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICE OR ANY OF THE SERVICE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
This Service allows you to sell and purchase Crypto Assets (as defined below) via fixed-price sales (“Sale”) and via auction (“Auction”) which is subject to the Auction Rules available at https://nasfty.io/auctionrules. You may only participate in the Auction by linking your digital wallets on supported bridge extensions such as MetaMask (https://metamask.io). MetaMask is an electronic wallet, which allows you to purchase, store, and engage in transactions using Ethereum cryptocurrency or other cryptocurrencies. Before putting up your unique digital asset for Sale or Auction or putting in an offer to purchase a unique digital asset from another user, we will ask you to download a supported electronic wallet extension, and connect and unlock your digital wallets with that extension. Once you submit an order to sell or purchase a unique digital asset, your order is passed on to the applicable extension, which completes the transaction on your behalf.
“Crypto Assets” refers to unique non-fungible tokens (“NFTs”), implemented on the Ethereum blockchain (the “Ethereum Platform”), or on other blockchains, using smart contracts. Crypto Assets are comprised of an identifier on the blockchain which is cryptographically linked to (i.e., contains a cryptographic hash of) a photograph or video of one or more content creators, or an artistic depiction. Each Crypto Asset has a defined set of attributes – including scarcity – which help determine the value of the Crypto Asset. The value of each Crypto Asset is inherently subjective, in the same way the value of other collectibles is inherently subjective. Each Crypto Asset has no inherent or intrinsic value. Some collectors might prefer to have a Crypto Asset featuring a certain content creator, while another might prefer an equivalent Crypto Asset featuring a different content creator. Each content creator can have more than one Crypto Asset associated with them, and those Crypto Assets will each have different characteristics.
NASFTY IS A PLATFORM. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. NASFTY FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER IN THE SALE OR AUCTION BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF CRYPTO ASSETS OR BETWEEN ANY USERS.
YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE ON NASFTY. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, NASFTY MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE PLATFORM.
Because we have a growing number of services, we sometimes need to describe additional terms for specific services. Those additional terms and conditions, which are available with the relevant services, then become part of your agreement with us if you use those services.
BY UNLOCKING YOUR ELECTRONIC WALLET EXTENSION, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, USING OUR SERVICES OR ANY PART OF THEM, AND/OR PURCHASING CRYPTO ASSETS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. If you do not agree to these Terms, you may not access or use the Service or purchase the Crypto Assets.
NASFTY reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Terms, you may not access or use the Service.
- No Endorsement for User Content. We do not endorse or recommend, nor do we have or assume any obligation to monitor any User Content uploaded, offered, or otherwise shared through the Platform by any user except as detailed herein for compliance with legal requirements; and, we hereby disclaim any and all liability with respect to User Content. We do not permit any copyright infringing activities or any User Content that infringes on our intellectual property rights or those of any party or third party. We will remove any User Content where we are properly notified of such infringement as set forth below. We may remove any such User Content without any notice. Our means of identifying User Content that may infringe upon a third party's rights or which is illegal or violates our code of conduct, is dependent on properly presented notifications from third parties claiming that their rights have been violated. For User Content which is offensive or which you believe is illegal, notify us at email@example.com. For infringing content, please follow the procedures below.
- Repeat Infringer. We have and enforce a repeat infringer policy. We will terminate the Accounts of any user who is determined to be a repeat infringer.
- Infringement and the DMCA. We respect the creative efforts of users and all others and have no tolerance for anyone's use of a third party's intellectual property without such third party's express permission. If you are a copyright owner and believe that your work has been copied or in any way distributed or shared through someone's use of the Platform in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Platform's Designated Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where on the Platform the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you made under penalty of perjury that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Send your Notice of Claimed Infringement to firstname.lastname@example.org:
Do not send other inquires or information (other than Notices of Infringement) to our Designated Agent. Any other inquiries should be sent to email@example.com.
- User Information and Copyright
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any comments, texts, chats or other information (“User Information”) that you submit, post or display on or through the Services. You agree that such User Information will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant NASFTY the license described above.
NASFTY reserves the right to remove content without prior notice. NASFTY will take down works in response to formal infringement claims and will terminate a user's access to the Services if the user is determined to be a repeat infringer.
If you believe that your content has been copied in a way that constitutes copyright infringement, please report this by contacting our designated copyright agent at firstname.lastname@example.org
Formal infringement claims regarding content on the Services must include:
- A written communication delivered to the agent designated above;
- A physical or electronic signature of someone authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work(s) allegedly infringed;
- Identification of material claimed to be infringing, reasonably sufficient to permit Company to locate the material;
- Information reasonably sufficient to permit Company to contact the complaining party. This can be an address, phone number, email address, or other suitable method of contact;
- A statement that the “complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and”
- A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
- Infringement Counter-Notice. If your User Content was removed (or access to such User Content was disabled), and your User Content is not infringing, or if you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Content, you may provide a counter-notice containing the following information to the DMCA Agent listed above:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the courts of Canada and the Province of Ontario, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
- Ownership of Our Service and Content
- Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation, the NASFTY logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of NASFTY or our affiliates, licensors or users, as applicable.
- Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by NASFTY or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
- The NASFTY logo and any NASFTY product or service names, logos or slogans that may appear on the Service or Service are trademarks of NASFTY 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 metatags or other “hidden text” utilizing “NASFTY” or any other name, trademark or product or service name of NASFTY or our affiliates without our prior written permission. In addition, the look and feel of the Service and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of NASFTY and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and NASFTY names or logos mentioned on the Service 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 holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by NASFTY.
- License to Access and Use Our Service and Content
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Service and Content; provided, however, that such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Service or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Service or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Service or Content, except as expressly permitted by us, and (f) use the Service or Content other than for their intended purposes.
- Payments and Fees
- Any payments or financial transactions that you engage in via the Service will be conducted solely through the Ethereum blockchain or another blockchain. We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Service, or any other payment or transactions that you conduct via the Ethereum blockchain or any other blockchain. We do not provide refunds for any purchases that you might make on or through the Service, whether for Crypto Assets, or anything else.
- Every transaction on the Ethereum blockchain, and on certain other blockchains, requires the payment of a transaction fee (each, a “Gas Fee”). The Gas Fees fund the network of computers that run the decentralized blockchain. This means that you will need to pay a Gas Fee for certain transactions that you instigate via the Service. Except as otherwise expressly set forth in these Terms, you will be solely responsible to pay any Gas Fee for any transaction that you instigate via the Service.
- Responsibility for Taxes. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, the “Taxes”) associated with your use of the Service. Except for income taxes levied on us, you: (a) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (b) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments (including Gas Fees) made to us pursuant to these Terms. To allow us to determine our tax obligations, unless you otherwise notify us in writing, you confirm that you are not a resident in Canada nor are you registered for Goods and services tax / Harmonized sales tax (GST / HST) or Provincial sales taxes (PST) in Canada, and will inform us if your status changes in the future.
- License to Purchased Crypto Assets
When you upload, display, offer for sale or sell a Crypto Asset on NASFTY (i.e. when you are a “Seller”), you grant to the Buyer of such Crypto Asset a license to the image or video content (the “Art”) of that Crypto Asset (the “Purchased Crypto Asset”) on the following terms, and when you purchase a Crypto Asset on NASFTY (i.e. when you are a “Buyer”) you receive from the Seller a license to the Art of the Purchased Crypto Asset on the following terms:
- Subject to Buyer’s continued compliance with these Terms, Seller grants to Buyer a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art, solely for the following purposes: (i) for Buyer’s own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Purchased Crypto Asset, provided that the marketplace cryptographically verifies each Crypto Asset owner’s rights to display the Art for their Purchased Crypto Asset to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Purchased Crypto Asset, provided that the website/application cryptographically verifies each Crypto Asset’s owner’s rights to display the Art for their Purchased Crypto Asset to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased Crypto Asset leaves the website/application.
- As a Buyer you agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without our (or, as applicable, our licensors’) express prior written consent in each case: (a) modify the Art for your Purchased Crypto Asset in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (b) use the Art for your Purchased Crypto Asset to advertise, market, or sell any third party product or service; (c) use the Art for your Purchased Crypto Asset in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (d) use the Art for your Purchased Crypto Asset in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use; (e) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art for your Purchased Crypto Asset; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your Purchased Crypto Asset; or (g) otherwise utilize the Art for your Purchased Crypto Asset for your or any third party’s commercial benefit.
- To the extent that Art associated with your Purchased Crypto Asset contains Third Party IP (e.g., licensed intellectual property from any third party), you understand and agree as follows: (x) that you will not have the right to use such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (y) that, depending on the nature of the license granted from the owner of the Third Party IP, NASFTY may need to pass through additional restrictions on your ability to use the Art; and (z) to the extent that NASFTY informs you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of this license. The restrictions in this Section will survive the expiration or termination of these Terms.
- The license granted in this Section 6 applies only to the extent that you continue to own the applicable Purchased Crypto Asset. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Purchased Crypto Asset for any reason, the license granted in Section 6 will immediately expire with respect to that Crypto Asset without the requirement of notice, and you will have no further rights in or to the Art for that Crypto Asset.
- Accessibility of Art for Purchased Crypto Assets
- NASFTY will ensure the accessibility of the Art of your Purchased Crypto Assets, for a period not less than 30 days from the date of purchase, by providing IPFS pinning or other content hosting. After that time it will be your responsibility as the Buyer of a Crypto Asset to provide IPFS pinning or the equivalent to ensure that Art for your Purchased Crypto Assets is not lost. NASFTY will not be liable for the loss of the Art of your Purchased Crypto Asset if you fail to do so.
- If any Art is found to contain illegal content, we will unpin and destroy any copies of the Art that may be stored in any component of the Service.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Service for noncommercial purposes, provided that such link does not portray NASFTY or our affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any illegal material or any material that is obscene, offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of NASFTY to link to the Service or Content without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any NASFTY trademark, logo or other proprietary information, including the images found on the Service, the content of any text or the layout or design of any page, or form contained on a page, on the Service without our express written consent.
- Third Party Services
The Service may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left our Service and are subject to the Terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of NASFTY. NASFTY is not responsible for any Third-Party Websites or Third-Party Applications. NASFTY provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites, and Third-Party Applications at your own risk. When you leave our Service, our Terms and policies no longer govern. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
- User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct, while accessing or using the Service or participating in the Sale or Auction. You agree that you will abide by these Terms and will comply with the following:
- You will not provide false or misleading information to NASFTY or to users of the Platform;
- YOU WILL NOT SHARE, DISCUSS, OR REQUEST ANY CONTENT THAT IS INFRINGING, DEFAMATORY, OBSCENE, LEWD, VIOLENT, HARASSING, DISCRIMINATORY (RACIST, SEXIST, TRANSPHOBIC, ABLEIST, ETC), INVASIVE OF PRIVACY RIGHTS, UNLAWFUL, OR OTHERWISE OFFENSIVE;
- You will not use the Platform to infringe on any privacy right, property right, or other civil right of any person. Similarly, you will not use the Platform to illegally obtain, create or distribute unlawful copies of copyrighted material. This includes without limitation the posting or requesting of materials that either you or the party you are requesting them from, do not have any legal right to obtain.
- You will not use or attempt to use another user’s Account without authorization from such user and NASFTY;
- You will not create or list counterfeit items;
- You will not pose as another person or create a misleading username or take any action to mask your identity from NASFTY such as using fake or doctored profile information, faked headers or other mechanisms used to conceal the source of any communication;
- You will not create additional accounts in an attempt to circumvent a ban by us;
- You will not use the Platform to send or request any obscene materials, including without limitation, child pornography and any materials offensive to a person's dignity. You will not allow any person below the Age of Majority to appear in any User Content or allow any such person to access or use the Platform.
- You will not reveal any personally identifiable information about any user or request any such information;
- You will not use the Platform to offer, discuss or arrange for prostitution, escort services or any other type of compensation for meeting type arrangement.
- You will not use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
- You will not develop, utilize, or disseminate any software, or interact with any web page, web site component, or API in any manner, that could damage, harm, or impair the Service;
- You will not reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, any component or sub-part of any Services, or code of the Service;
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access;
- You will not use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
- You will not use data collected from our Service to contact individuals, companies, or other persons or entities;
- You will not use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
- You will not bypass or ignore instructions that control all automated access to the Service;
- You will not use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
- You will not use the Ethereum Platform or any other blockchain platform which we may use to deliver the Service to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Ethereum Platform, any other such blockchain, or the Service;
- You will not engage in wash trading or other deceptive or manipulative trading activities;
- You will not place misleading bids or offers;
- You will not use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments; or
- You will not use the Service to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners rights to participate in an ICO or any securities offering, or assets that entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts.
- NASFTY facilitates trade among a diverse community of buyers and sellers. Openness is one of our most prized values, and we're committed to providing a platform for the exchange of a wide range of content, including controversial content. These policies ensure that our marketplace offers the widest selection of assets possible while promoting trust and respect, as well as adherence to the law.
NASFTY has always exercised judgment in allowing or disallowing certain assets, listings, smart contracts, and collections consistent with the spirit of openness in a worldwide community of users of a radical new technology. We carefully consider the complete situation and all its details in light of our policies before deciding to remove inappropriate assets, listings, smart contracts, and collections when we discover them or they're brought to our attention.
Assets, listings, smart contracts, and collections that NASFTY deems inappropriate, disruptive, or illegal are prohibited on NASFTY. NASFTY reserves the rights to determine the appropriateness of listings on its site and remove any listing at any time. If you create or offer an asset, listing, smart contract, or collection in violation of these policies, we will take corrective actions, as appropriate, including but not limited to removing the asset, listing, smart contract, or collection, deleting your NASFTY account, and permanently withholding referral payments and developer revenue sharing fees. NASFTY cannot destroy or impound your assets or smart contracts, but we reserve the right to destroy inappropriate metadata stored on our servers.
Assets, listings, smart contracts, and collections that include metadata that violates international or United States or Canadian intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in the United States or Canada are prohibited on NASFTY and will be removed.
Assets, listings, smart contracts, and collections with a primary or substantial purpose in a game or application that violates international or Canadian or United States intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in the United States or Canada are prohibited on NASFTY and will be removed.
Assets, listings, smart contracts, and collections created or used primarily or substantially for the purpose of raising funds for the known terrorist organizations listed on https://www.state.gov/foreign-terrorist-organizations are prohibited on NASFTY and will be removed.
The sale of stolen assets, assets taken without authorization, and otherwise illegally obtained assets on NASFTY is prohibited. If you have reason to believe that an asset listed on NASFTY was illegally obtained, please contact us immediately. Listing illegally obtained assets may result in your listings being cancelled, your assets being hidden, or your account being suspended.
If you become aware of the creation, listing, or buying of assets in violation of any of the terms specified in this section, you shall contact us here to report it. Creators bear special responsibility for informing NASFTY of the existence of their collections, contracts, and assets that violate these terms.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless NASFTY, 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 “NASFTY 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 Service, User Information or Crypto Assets, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third party, including another user or MetaMask. You agree to promptly notify NASFTY of any third party Claims and cooperate with the NASFTY Parties in defending such Claims. You further agree that the NASFTY 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 NASFTY.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY NASFTY, THE SERVICE, CONTENT CONTAINED THEREIN, AND CRYPTO ASSETS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. NASFTY (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. NASFTY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, CONTENT CONTAINED THEREIN. NASFTY DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. 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 SERVICE. WHILE NASFTY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, NASFTY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, ANY CRYPTO ASSETS LISTED ON OUR SERVICE 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 CRYPTO ASSETS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR CRYPTO ASSETS.
CRYPTO ASSETS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK OR ANOTHER BLOCKCHAIN. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM OR ANOTHER BLOCKCHAIN. WE DO NOT GUARANTEE THAT NASFTY OR ANY NASFTY PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY CRYPTO ASSETS.
NASFTY is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the Crypto Assets. NASFTY is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting Crypto Assets including forks, technical node issues or any other issues having fund losses as a result.
Nothing in these Terms 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.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Assumption of Risk
You accept and acknowledge:
- The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the Crypto Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Crypto Assets will not lose money.
- You are solely responsible for determining what, if any, taxes apply to your Crypto Assets transactions. Neither NASFTY nor any other NASFTY Party is responsible for determining the taxes that apply to Crypto Assets transactions.
- Our Service does not store, send, or receive Crypto Assets. This is because Crypto Assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of Crypto Assets occurs within the supporting blockchain and not on this Service.
- There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that NASFTY will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Crypto Assets, however caused.
- A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of Crypto Assets.
- The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Auction and/or Service and the utility of Crypto Assets.
- The Service will rely on third-party platforms such as MetaMask to perform the transactions for the Auction of Crypto Assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
- There are risks associated with purchasing user generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. NASFTY reserves the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on NASFTY. Under no circumstances shall the inability to view your assets on NASFTY serve as grounds for a claim against NASFTY.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NASFTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICE, 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 NASFTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, 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 NASFTY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, CRYPTO ASSETS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY NASFTY FROM THE SALE OF CRYPTO ASSETS THAT ARE THE SUBJECT OF THE CLAIM.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF NASFTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY NASFTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY NASFTY’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.
- Modifications to the Service
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) or suspend or discontinue the Auction at any time and without liability therefore.
- On- or Off-Platform Interactions / Meetings. We do not recommend or condone any form of interaction between you and other users of the Service outside of the Platform and, as disclosed elsewhere in these Terms, your use of and interactions through the Service are done at your own risk. Use of the Service to arrange face-to-face meetings for the purpose of engaging in illegal activity is strictly prohibited and will subject your Account to immediate termination. If you elect to legally interact with any other user outside of the Platform, you do so at your own risk, and you acknowledge and agree that we are not responsible for any consequences of your election to interact with anyone, whether in person or otherwise, outside of the Platform. We cannot and will not intervene in any matters or disputes which take place outside of the Platform including with respect to situations where we are provided third party screen captures or records as we cannot verify such screen captures or records.
- Dispute Resolution; Arbitration.
- Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with NASFTY and limits the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with NASFTY, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or NASFTY may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
- In the event of any controversy or claim arising out of or relating to this contract, or the breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of 60 days, then, upon notice by any party to the other(s), any unresolved controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Toronto, Ontario, Canada unless otherwise mutually agreed by the parties. The language of the arbitration shall be English
- Neither party shall be precluded hereby from seeking provisional remedies in the courts of any jurisdiction including, but not limited to, temporary restraining orders and preliminary injunctions, to protect its rights and interests, but such shall not be sought as a means to avoid or stay arbitration. The parties agree that they have voluntarily agreed to arbitrate their disputes in accordance with the foregoing.
- Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and NASFTY. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non- monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. YOU AND NASFTY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and NASFTY are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 20(B) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of Delaware. All other claims shall be arbitrated.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with NASFTY.
- FORCE MAJEURE
- Force Majeure Events. We will not be liable or responsible to the you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, including the 2019 novel coronavirus pandemic (COVID-19), tsunami, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this agreement; (f) strikes, labour stoppages or slowdowns or other industrial disturbances; (g) shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity; and (h) other similar events beyond our control.
- Performance During Force Majeure Events. If we suffer a Force Majeure Event, we will use reasonable efforts to promptly notify you of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. We will resume the performance of our obligations as soon as reasonably practicable after the removal of the cause. In the event that our failure or delay remains uncured for a period of forty-five (45) consecutive days following written notice given by us under this Section 19, we may thereafter terminate these Terms upon fifteen (15) days' written notice.
- Governing Law and Venue
These Terms, your access to and use of the Service and Content, and your participation in the Auction shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law rules or principles, or choice of law provisions, of the Province of Ontario, Canada, or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the provincial or federal courts of the Province of Ontario, and of Canada, respectively, sitting in the Province of Ontario.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
The following sections will survive the expiration or termination of these Terms and the termination of your Account: all defined terms and Sections 1-4 and 6-24.
These Terms along with any other written agreements between you and NASFTY constitute the entire agreement between you and NASFTY relating to your access to and use of the Services and Content, and your participation in the Sale and the Auction. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of NASFTY prior, concurrent or subsequent circumstance, and NASFTY’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms is intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
END OF AGREEMENT