Terms & Conditions

Terms and Conditions | plooty.xyz
Introduction

Welcome to our NFT marketplace! These terms and conditions govern your use of our platform, including your ability to buy, sell, and trade NFTs (non-fungible tokens). By accessing or using our NFT marketplace, you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions, you are not permitted to use our platform.

Purpose of the Terms and Conditions

The purpose of these terms and conditions is to clearly outline the rules, responsibilities, and expectations for users of our NFT marketplace. This includes information on buying and selling NFTs, as well as our policies for handling disputes and resolving issues.

Definition of Terms Used
  • "NFT Marketplace" in this body of text refers to our platform (plooty.xyz) that facilitates the buying and selling of non-fungible tokens (NFTs).
  • "NFTs" are unique digital assets that represent ownership of a specific item or piece of content, such as art, music, or video. Unlike cryptocurrencies, NFTs cannot be divided or replicated. Each NFT is unique and has its own set of attributes, making it a one-of-a-kind item.
  • "User" refers to any individual who interacts with the NFT Marketplace and uses the platform to buy, sell, or trade NFTs as well as but not limited to search and browse the NFT marketplace.
  • "Listing" refers to the process of offering an NFT for sale on the NFT Marketplace.
  • "Listings" refers to the NFTs that are offered for sale on the NFT Marketplace
  • "Sale" refers to the exchange of an NFT for payment from a buyer to a seller.
  • "Buyer" refers to any individual who purchases an NFT from a seller on the NFT Marketplace.
  • "Seller" refers to any individual who offers an NFT for sale on the NFT Marketplace.
  • "Fees" refer to the charges that are assessed to users for using the NFT Marketplace to buy, sell, or trade NFTs.
  • "Payment Methods" refer to the methods of payment accepted by the NFT Marketplace for the purchase of NFTs.
  • "Delivery of NFTs" refers to the transfer of ownership of an NFT from the seller to the buyer after payment has been received.
  • "Dispute Resolution" refers to the process by which conflicts or disagreements between buyers and sellers on the NFT Marketplace are resolved.
  • "Ownership of NFTs" refers to the right of an individual to possess and control an NFT.
  • "Use of NFTs" refers to the right of an individual to use and display an NFT, subject to any limitations set by the NFT's creator or by the NFT Marketplace.
  • "Infringement Claims" refers to allegations that the sale, display, or use of an NFT on the NFT Marketplace infringes on the intellectual property rights of a third party.
General Information About the NFT Marketplace

Our NFT marketplace allows users to buy, sell, and trade NFTs with each other. We take no responsibility for the authenticity or quality of the NFTs being sold on our platform. Instead, we provide the platform for users to transact with each other and we may charge fees for the use of our platform. By using our NFT marketplace, you acknowledge and agree that you are responsible for all transactions you make and for ensuring that you comply with all applicable laws and regulations.

User Eligibility
Age Requirement

To use our NFT marketplace, you must be at least 18 years of age. If you are under the age of 18, you are not permitted to use our platform without the participation of a guardian, including the tokenization aspect of the NFT marketplace. If you are at least 13 years old but under 18 years old, you may only use our marketplace through a parent or guardian’s Account and with their approval and oversight. That account holder is responsible for your actions using the Account. It is prohibited to use our Service if you are under 13 years old.

Residency Requirement

Due to regulatory restrictions, residents and citizens of the United States of America and Canada are not eligible for the tokenization aspect of our NFT marketplace. This means that users who reside or are citizens of these countries are not permitted to claim tokens from their purchases. However, these users are still able to access and use all other aspects of our NFT marketplace, including browsing, buying, selling, trading and searching of NFTs on our platform.

Restrictions on User Accounts

In addition to the age and residency requirements, there may be other restrictions on user accounts. For example, we may limit the number of NFTs that can be bought or sold by a single user, or we may restrict the use of certain payment methods. Any restrictions on user accounts will be clearly stated in these terms and conditions and may be updated from time to time.

By using our NFT marketplace, you represent and warrant that you are eligible to use the platform and comply with these eligibility requirements. If we determine that you are not eligible to use our platform, we reserve the right to restrict, suspend, or terminate your account at any time, without prior notice.

User Accounts
Account Creation

To use our NFT marketplace, you can create an account after signing in with your wallet address using one of the compatible wallets. If you choose to populate an account, you must provide accurate and complete information, including your full name, email address, a password, or more. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

Account Responsibilities

As a user of our NFT marketplace, you are responsible for the following:

  • Complying with these terms and conditions, as well as all applicable laws and regulations.
  • Maintaining the accuracy and completeness of your account information.
  • Securing all your account information, including your password.
  • Monitoring your account for any unauthorized use.
  • Immediately reporting any unauthorized use of your account to us.
  • Properly listing, selling, and delivering NFTs in accordance with these terms and conditions.
  • Termination of User Accounts

We may terminate your account at any time, without prior notice, if we determine that you have breached these terms and conditions or have engaged in any illegal or harmful activity. In the event of termination, you will no longer have access to your account and any NFTs in your account may be forfeited.

You may also choose to terminate your account at any time by contacting us and requesting that your account be deleted. Please note that termination of your account does not relieve you of any obligations or liabilities incurred prior to termination.

Buying and Selling NFTs
Listing and Selling of NFTs

Our NFT marketplace allows users to list and sell NFTs. You are responsible for ensuring that the NFT you list for sale does not infringe on any intellectual property rights or violate any laws or regulations.

Fees for Buying and Selling NFTs

Our NFT marketplace may charge fees for buying and selling NFTs. The fees will be clearly stated on the platform and may be subject to change at any time. When selling an NFT, you or the buyer will be responsible for paying the applicable fees.

Payment Methods

Our NFT marketplace accepts only Cardano at the moment but may accept various payment methods, including credit card, bank transfer, and other cryptocurrencies in the future. The accepted payment methods will be clearly stated on the platform and may be subject to change at any time.

Delivery of NFTs

Upon successful payment for an NFT, the NFT will be transferred to the buyer's account on our platform. The delivery of NFTs is considered complete when the NFT is transferred to the buyer's account.

Dispute Resolution

In the event of a dispute between a buyer and a seller regarding the sale of an NFT, our NFT marketplace will use commercially reasonable efforts to resolve the dispute. If we are unable to resolve the dispute, the parties may seek resolution through alternative dispute resolution methods, such as arbitration or mediation.

By buying and selling NFTs on our platform, you agree to these terms and conditions, including the dispute resolution provisions.

Intellectual Property
Ownership of NFTs

When you purchase an NFT on our marketplace, you acquire ownership of the NFT and all associated rights, subject to any limitations or restrictions set forth in these terms and conditions or by law. You are responsible for protecting and enforcing your rights in the NFT.

Use of NFTs

You are permitted to use the NFTs you own in accordance with these terms and conditions and any applicable laws and regulations. You may not use the NFTs in any manner that infringes on the rights of others or violates any laws or regulations.

Infringement Claims

Our NFT marketplace respects the intellectual property rights of others and expects its users to do the same. If you believe that your intellectual property rights have been infringed by an NFT listed for sale on our marketplace, you may submit an infringement claim to us in accordance with the process set forth in these terms and conditions.

We reserve the right to remove any NFTs that we believe, in our sole discretion, infringe on the intellectual property rights of others. We also reserve the right to terminate the accounts of users who repeatedly infringe on the intellectual property rights of others.

Liability
Limitation of Liability

Our NFT marketplace will not be liable for any damages arising from the use of our platform or from the sale or purchase of NFTs on our platform, to the fullest extent permissible by law. In no event will our NFT marketplace be liable for any indirect, incidental, special, or consequential damages, including lost profits, lost savings, or loss of data.

Indemnification

You agree to indemnify and hold harmless our NFT marketplace and its affiliates, officers, agents, and employees from and against any and all claims, demands, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your use of our platform or from the sale or purchase of NFTs on our platform.

By using our platform and participating in the sale or purchase of NFTs, you agree to these terms and conditions, including the liability provisions.

Dispute Resolution
Governing Law

These terms and conditions and any disputes arising from or related to the use of our NFT marketplace or the sale or purchase of NFTs on our platform will be governed by the laws of the British Virgin Islands, without giving effect to any principles of conflicts of law.

Arbitration

Any dispute arising from or related to the use of our NFT marketplace or the sale or purchase of NFTs on our platform that cannot be resolved through negotiation will be resolved through binding arbitration in accordance with the rules of the British Virgin Islands International Arbitration Centre. The arbitration will be conducted by a single arbitrator in accordance with the rules of the British Virgin Islands International Arbitration Centre. The arbitration will be held in the British Virgin Islands. The arbitrator's decision will be final and binding, and judgment may be entered thereon in any court of competent jurisdiction.

You agree that any dispute arising from or related to the use of our NFT marketplace or the sale or purchase of NFTs on our platform will be resolved through arbitration in accordance with this section, and you waive any right to participate in a class action or class-wide arbitration.

Changes to Terms and Conditions
Notice of Changes

We reserve the right to modify these terms and conditions at any time. We will provide notice of any changes by posting the revised terms and conditions on our NFT marketplace website. Your continued use of our platform following the posting of revised terms and conditions means that you accept and agree to the changes.

Acceptance of Changes

By continuing to use our NFT marketplace after the posting of revised terms and conditions, you agree to be bound by the revised terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our platform.

General Provisions
Entire Agreement

These terms and conditions constitute the entire agreement between you and our NFT marketplace and supersedes all prior and contemporaneous agreements, understandings, and negotiations, whether written or oral, relating to the use of our platform and the sale or purchase of NFTs on our platform.

Waiver

The failure of our NFT marketplace to enforce any right or provision of these terms and conditions will not be deemed a waiver of such right or provision. In the event of a conflict between these terms and conditions and any other agreement you may have with our NFT marketplace, these terms and conditions will control.

Severability

If any provision of these terms and conditions is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.

Contact Information
Information for Contacting the NFT Marketplace

If you have any questions or concerns about these terms and conditions or your use of our NFT marketplace, please contact us at support@plooty.xyz