Terms of Conditions

WELCOME TO NFTchoice.io

These Terms of Use (“Terms”) govern your access and use of the NFTchoice.io platform located at https://nftchoice.io.io, including but not limited to the purchase and sale of certain digital assets and the software made available on or in connection with such services (collectively, the “NFTchoice.io Services”).
For more information about the provider (“NFTchoice.io”) of this NFTchoice.io Platform and the NFTchoice.io Services, please see the Legal Notice.

https://nftchoice.io is located at:

Germany – Berlin

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use NFTchoice.io’s website
if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

NFTchoice.io uses cookies and tracking. Read more here.

License

Unless otherwise stated, NFTchoice.io and/or its licensors own the intellectual property rights for all material on https://nftchoice.io. All intellectual property rights are reserved. You may view and/or print pages from https://nftchoice.io for your own personal use subject to restrictions set in these terms and conditions.

You must not:

1. Republish material from NFTchoice.io
2. Sell, rent or sub-license material from https://nftchoice.io
3. Reproduce, duplicate or copy material from https://nftchoice.io

Redistribute content from NFTchoice.io (unless content is specifically made for redistribution).

User Comments

1. This Agreement shall begin on the date hereof.
2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. NFTchoice.io does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of NFTchoice.io, its agents or affiliates. Comments reflect the view and opinion of the person who posts such a view or opinion. To the extent permitted by applicable laws NFTchoice.io shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
3. NFTchoice.io reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
4. You warrant and represent that:
   1. You are entitled to post the Comments on our website and have all necessary licenses and consents to
      do so;
   2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary rights of any third party;
   3. The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material that is an invasion of privacy
   4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
5. You hereby grant to NFTchoice.io a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

1. The following organizations may link to our Web site without prior written approval:
   1. Government agencies;
   2. Search engines;
   3. News organizations;
   4. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
   5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups that may not hyperlink to our Web site.

2. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
3. We may consider and approve in our sole discretion other link requests from the following types of organizations:
   1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
   2. dot.com community sites;
   3. associations or other groups representing charities, including charity giving sites,
   4. online directory distributors;
   5. internet portals;
   6. accounting, law and consulting firms whose primary clients are businesses; and
   7. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to hello@nftchoice.io.
Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

1. By use of our corporate name; or
2. By use of the uniform resource locator (Web address) being linked to; or
3. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of NFTchoice.io’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

1. limit or exclude our or your liability for death or personal injury resulting from negligence;
2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

TERMS OF CONDITIONS

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OVERVIEW

This website is operated by foundix. Throughout the site, the terms “we”, “us” and “our” refer to foundix. foundix offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express wrote permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall foundix, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless foundix and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – SUBJECT MATTER OF THE TERMS AND CONDITIONS

The subject matter of these Terms is to regulate the rights and obligations of the users of the NFTchoice.io and the NFTchoice.io Services.
The NFTchoice.io uses smart contracts that specifically enable users to sell, trade, transfer, display and exchange digital assets and goods (“Items”) on a peer-to-peer digital marketplace related to unique (blockchain-based) NFTs (Non-Fungible Tokens) implemented on the Binance-smart-chain-blockchain technology. Users can sell and purchase items by submitting a seller-accepted bid and buying at a set price (“NFTchoice.io marketplace”), auction items or bid on items offered in auctions (“NFTchoice.io Auctions”).

NFTchoice.io is merely a digital platform and marketplace using a decentralized blockchain-based application and is expressly not a dealer, contractor, broker, seller, financial institution or creditor. Rather, NFTchoice.io facilitates transactions between buyers and sellers, but is not a party to any contract between those buyers and sellers or other users.

SECTION 19 – BACKGROUND, FAQ`S AND CRUCIAL RISK INFORMATION

Users acknowledge the risk that the price/value of an item purchased on the NFTchoice.io marketplace or in NFTchoice.io auctions may have been influenced by user activity outside of NFTchoice.io`s control. NFTchoice.io makes no representation, warranty or guarantee as to the accuracy or reasonableness of the price of any item sold or offered for sale on the NFTchoice.io or outside the platform. Transactions, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative and inherently risky.

The prices of blockchain assets are extremely volatile. Price fluctuations in other digital assets could materially and adversely affect the item, which may also be subject to significant price fluctuations. NFTchoice.io can therefore never guarantee that item buyers will not lose money.
NFTchoice.io does not store, send or receive digital assets or any (blockchain-based) digital goods. Any transfer of items is done within the supporting blockchain and not in the name or on behalf of NFTchoice.io.

For more information, please refer to our further background information and risk disclosures.

SECTION 20 – USER ACCOUNT AND TERMINATION

You may not use NFTchoice.io, the site, materials or services if you are under 18 years of age.
To access NFTchoice.io, you must have a user account linked to an electronic wallet. The user can choose between several electronic wallets to create, use and manage an account on the Blockchain and perform transactions with the different cryptocurrencies.

You/the user are/is solely responsible for the security of the account and your/the user’s own wallet. In the event of any breach of security, loss, theft or unauthorized use of the Account or access to the NFTchoice.io platform, please notify us immediately at: hello@nftchoice.io.
You agree that we may, in our sole discretion and without cause, terminate access to the NFTchoice.io platform in the event of a breach of these Terms or suspected fraudulent, abusive or illegal activity.

NFTchoice.io reserves the right to approve or verify items, and the user has the option to request such approval or verification.

SECTION 21 – TRANSACTIONS

All transactions on the NFTchoice.io platform, including but not limited to transfers, offers, bids, listings, sales or purchases of items are initiated by one or more Smart Contracts. The Smart Contract(s) is configured to facilitate the execution of a user offer, acceptance of an offer, or other confirmation to buy, sell, bid, list, or transfer an item.

User understands that NFTchoice.io does not own or control any other third party websites, products or services that you access, visit or use to take advantage of the various features of NFTchoice.io. NFTchoice.io is not liable for the acts or omissions of such third parties, nor are we liable for any damages you may suffer as a result of your transactions or other interaction with such third parties.

Items are optionally offered for immediate acceptance at a list price set by the seller. Users may purchase items with a list price through the platform by sending a corresponding amount of cryptocurrency to a Smart Contract configured to initiate a transfer of the items.

Users can make offers on all listed items through the platform. Offers on the platform are legally binding, revocable offers to purchase the item, which can be accepted immediately by the owner of the items. By making an offer, the user agrees to temporarily send an amount of offered BNB to a Smart Contract and lose control over it. The Smart Contract is configured to hold the offered BNB until either the offer is accepted by the owner of the items, a higher offer is received, or the offer is revoked.
In an auction, the seller specifies a specific start and end time for an auction for an item. The seller can optionally specify a starting price. As long as the starting price is reached by an auction participant, the items will be sold. Items without a starting price will be sold to the highest bidder, regardless of the bid amount. An auction can be canceled before the auction starts, i.e. when the countdown to the start of the auction is running.

SECTION 22 – PRICES AND FEES

NFTchoice.io does not store, send or receive any items. Any transfer is made within the supporting blockchain and not in the name or on behalf of NFTchoice.io.
Any transaction on NFTchoice.io is subject to secondary market fees. NFTchoice.io charges 3% of the total sale price as a platform fee. The fee is deducted from the total sale price at the time of purchase by the operation of the smart contract(s). Other fees may include royalties to the creator of the item or blockchain fees. However, these are not taken “in addition to the sale price” but are deducted directly from the sale price.

User agrees and understands that all fees, commissions and royalties will be transferred, processed or initiated directly through one or more of the Smart Contracts on the Blockchain Network. By transacting on the platform and using the Smart Contracts, the user hereby acknowledges, agrees to and accepts all automated fees, commissions and royalties for the sale of items on NFTchoice.io.

User hereby consents to and agrees to be bound by the execution and distribution of the fees, commissions and royalties by the Smart Contracts. User waives any claim to royalties, commissions or fees paid to another through the operation of the Smart Contracts. All sales of items will be automatically collected and paid to the seller.

SECTION 23 – OBLIGATIONS

The User represents that he/she is over 18 years of age, as the NFTchoice.io Platform is not intended for persons under 18 years of age. If you are under 18 years of age, you must have the consent of your parent or guardian.

Users are solely responsible for determining what taxes, if any, are applicable to any transactions (including, without limitation, any taxes that may be due as a result of the ownership, transfer, purchase, sale or creation of items. NFTchoice.io is therefore not responsible for determining the taxes due on transactions of items.

You agree to use the NFTchoice.io platform only for purposes that are lawful, proper and in accordance with these Terms and any applicable laws or regulations. Without limitation, you may not, and may not permit any third party to send, upload, transmit, post, distribute, disseminate or otherwise make available any unlawful, defamatory, harassing, abusive, fraudulent, obscene or otherwise objectionable content through the platform. Send, upload, transmit, post, distribute, disseminate or otherwise make available through the platform any content that infringes the intellectual property or legal rights of any party or others. Modify, adapt, translate or reverse engineer any part of NFTchoice.io, or engage in any attack, hack, denial of service attack, disruption or exploitation of NFTchoice.io smart contracts. Displaying content on the Platform that contains hateful or violent content, or other materials, products or services that violate or encourage criminal laws, other applicable laws or the rights of third parties. Submission of Misleading Bids or Offers.

Failure to comply with these and the following terms and conditions may, without limitation, result in suspension or deletion of your NFTchoice.io account. NFTchoice.io has the authority and discretion to remove, suspend or revoke user’s access to the NFTchoice.io platform or any other aspect of the NFTchoice.io platform.

SECTION 24 – INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS

NFTchoice.io owns all legal rights in all elements of the NFTchoice.io, e.g., design, systems, a compilation of content, code, and all other elements of the NFTchoice.io are owned by NFTchoice.io.

You are solely responsible for your use of the NFTchoice.io services and for all content you provide, including compliance with applicable laws, rules and regulations.
You retain your rights in all content that you submit, post or display using the services.

By submitting, posting or displaying any cryptographic/digital assets/content/items on or through the NFTchoice.io, you grant us a worldwide, non-exclusive, non-exclusive license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any media or method of distribution. This license authorizes us to make your items available to the rest of the world and to let others do the same.

User represents and warrants that it has or has obtained all rights, licenses, consents, permissions, powers and/or authority necessary to grant the rights granted herein to any articles it submits, publishes or displays on or through the NFTchoice.io services. You agree that the articles will not contain any material subject to copyright or other proprietary rights unless you have the necessary permission or are otherwise legally authorized to publish the material and grant NFTchoice.io the license described above.
In any case, the user’s right to offer, sell, buy, display, etc. the item on other platforms remains unaffected.

You agree to indemnify and hold harmless our company and our affiliates from and against any and all claims, costs, proceedings, demands, losses, damages and expenses (including, without limitation, reasonable attorneys’ fees and court costs) of any kind arising out of or related to any actual or alleged breach of these Terms by you, any co-conspirator or any person using your account. If we assume the defense of any such matter, you will reasonably cooperate with us in such defense.

If you become aware of the creation, listing or purchase of any assets in violation of any of the Terms, you must contact us at hello@NFTchoice.io to report it.
NFTchoice.io reserves the right to remove any content without prior notice. NFTchoice.io will remove works in response to formal claims of infringement and terminate a user’s access to the services if the user is determined to be a repeat infringer.

Any person who knowingly falsely states that any content or activity is infringing or that any material or activity has been falsely removed or disabled will be liable to us and potentially to others for all damages, including costs and attorneys’ fees, incurred by us in removing or disabling the material or activity claimed to be infringing or in replacing or providing access to the removed material.

As part of the NFTchoice.io marketplace service, NFTchoice.io acts purely as an intermediary between sellers and buyers. Therefore, the services provided by NFTchoice.io take place only between the buyer and the seller and any claims must be directed by the buyer to the seller. The seller is solely responsible for processing the claim. Nevertheless, NFTchoice.io reserves the right (but is not obligated), at its sole discretion, to participate in the arbitration if the seller fails to provide either a response to an inquiry or a resolution to a dispute.

SECTION 25 – LIABILITY

The aforementioned limitations of liability and notices of NFTchoice.io shall prevail.
Apart from that, NFTchoice.io shall not be liable for damages caused intentionally or by gross negligence, according to the Product Liability Act and due to an assumed guarantee as well as in case of injury to life, body or health.

Liability of NFTchoice.io, its legal representatives and vicarious agents for slight negligence is excluded. This does not apply only if essential contractual obligations are culpably violated, i.e. obligations whose fulfillment makes the proper execution of this contractual relationship possible in the first place or whose violation would jeopardize the achievement of the purpose of the contract. In such cases, however, the liability of NFTchoice.io shall be limited to the amount of the foreseeable damage typical for the contract.
NFTchoice.io’s liability for damages under this agreement shall, in any case, be limited to, and in no event exceed, the amount of the user’s proceeds actually received by NFTchoice.io from the damage, after deducting all costs, charges and liabilities incurred by NFTchoice.io.

There shall be no further liability beyond the foregoing. This also applies to lost profits, lost savings or other consequential damages. The aforementioned limitations of liability also apply to the personal liability of NFTchoice.io’s employees, representatives and organs.

SECTION 26 – MISCELLANEOUS

These Terms may be modified or superseded at any time in our sole discretion, unless otherwise specified herein. Any changes or modifications will be effective immediately upon posting of the revisions on the NFTchoice.io website.

User acknowledges that NFTchoice.io may modify, alter, amend or replace one or more of the Smart Contracts from time to time. User agrees that any modification of one or more of the Smart Contracts shall not modify any right or obligation granted by these Terms.

Neither party may assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party.

SECTION 27 – GOVERNING LAW, VENUE AND FINAL PROVISIONS

These Terms, your access and use of the service and the content on NFTchoice.io and the NFTchoice.io Marketplace shall be governed by and construed and enforced in accordance with the laws of Germany. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, shall remain unaffected.

If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and us shall be Munich.

The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/. Consumers have the option to use this platform for the resolution of their disputes. We would like to point out that we do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.
The contract remains binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the legal provisions if any. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

SECTION 28 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 29 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@nftchoice.io.