Terms of Service
I. OVERVIEW
Welcome to AINFT Marketplace. AINFT Marketplace is an NFT marketplace interface maintained by a decentralized team of developers. These Terms of Service (the “Terms”) govern your access to and use of the AINFT Marketplace website(s), our APIs, mobile app (the “App”), and any other software, tools, features, or functionalities provided on or in connection with our services, including without limitation using our services to view, explore, and create NFTs and use our tools, at your own discretion, to connect directly with others to purchase, sell, or transfer NFTs on public blockchains (collectively, the “Services”). “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the TRON blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.
To use the Services, you shall read and comply with the Terms. You may not use the Service if you are a resident, national, or agent of Antigua and Barbuda, Algeria, Bangladesh, Bolivia, Burundi, Burma, Cote D'Ivoire (Ivory Coast), Crimea and Sevastopol, Cuba, Democratic Republic of Congo, Ecuador, Iran, Iraq, Libya, Mali, Morocco, Magnitsky, Liberia, North Korea, Nepal, Seychelles, Somalia, Sudan, Syria, and Zimbabwe.
You represent and warrant that you are not listed on any trade or economic sanctions list (e.g., the UN Security Council Consolidated List), designated as a "Specially Designated National" by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury, or listed on the Entity List of the U.S. Department of Commerce. We reserve the right to prohibit the use of these Services in any other jurisdiction at any time in our sole discretion.
Please read carefully and fully understand the terms and conditions before using the Services. Your use of the Services constitutes your knowledge, understanding, and full agreement to all the terms and conditions of this Agreement (including any modifications and updates we make to this Agreement from time to time) and your binding obligations imposed by the Agreement.
II. ELIGIBILITY AND RISK DISCLOSURE
2.1 You understand and acknowledge that:
- You agree to abide by this Agreement and that you are eligible and not prohibited from using the Service as defined herein;
- This Agreement is not in conflict with the laws of your country or jurisdiction;
- To access or use the front-end interface, you represent that you are at least the age of majority in your jurisdiction. You further represent that your access and use of the front-end interface will fully comply with all applicable laws and regulations and that you will not access or use the front-end interface to conduct, promote, or otherwise facilitate any illegal activity. Furthermore, you represent that neither you nor any entity you represent is included in any trade embargo or sanctions list (“Subject to Restrictions”), nor resident, citizen, national, or agent of, or an entity organized, incorporated, or doing business in such territories (“Restricted Territories”).
- You have the legal ownership of the digital assets deposited into the Services and guarantee that the assets are obtained legitimately.
2.2 You understand and fully accept the risks of using the Services, including but not limited to:
- The risk of digital assets and their derivatives: their prices are highly volatile and are not subject to the limit up-limit down rule, which may cause a financial loss in a short period of time;
- Risks in terms of policies: Trading in digital assets may be suspended or prohibited due to the enactment or modification of laws, regulations, and documents of administrative norms in different countries concerning digital assets;
- Internet and technical risks: Digital assets are traded in an Internet-based system that is vulnerable to malicious programs such as viruses or Trojan horses, as well as technical exceptions related to trading, which may delay or prevent you from using the Services;
- Risk of the force majeure: Your use of these Services might be delayed or prevented due to actions beyond the scope or capacity of this Platform's control or due to third parties, including bad weather, accidents, labor strikes, labor disputes, riots, insurrections, disturbances, lack of productivity or production resources, fires, epidemics, wars, government actions, judicial or administrative orders or other force majeure events;
- Risk of account seizure or freezing: Your use of these Services might be delayed or prevented, and your private data might be disclosed in the event any competent authority presents an appropriate document to request an investigation of your accounts, assets, or transaction data or take measures to seize, freeze or transfer your accounts.
- Risks specific to the Services: The prices of blockchain assets are highly volatile and we cannot guarantee purchasers will not lose money. Assets available to trade on AINFT Marketplace shall not be viewed as investments: their prices are determined by the market and subject to considerable fluctuations. You are solely responsible for determining any taxes that apply to your transactions. AINFT Marketplace’s Services are non-custodial, such that we do not at any time have custody of the NFTs owned by our users. We do not store, send, or receive digital assets, as they respectively exist on the blockchain. As such, and due to the decentralized nature of the Services provided, you are fully responsible for protecting your wallets and assets from any and all potential risks. Our software indexes NFTs on the TRON blockchain as they are created, and we are not responsible for any assets that users may mistakenly or willingly access or purchase through the software. You accept responsibility for any risks associated with purchasing such 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 faulty smart contracts, and assets that may become untransferable.
Special reminder: The risk warning specified in this Agreement does not reveal all the risks of the Services.
2.3 You acknowledge and guarantee that you will independently bear the adverse consequences resulting from the above risks and that you will comply with the following obligations:
- You shall use the Services in accordance with the laws and regulations of your country or region and as agreed in this Agreement.
- You shall not use the Services for any unlawful purposes.
- You shall not initiate or promote any form of market manipulation.
- You agree not to engage in any of the following categories of prohibited activity in relation to your access and use of the front-end interface: Intellectual property infringement, such as violations of copyright, trademark, service mark, or patent. Interaction with assets, listings, smart contracts, and collections that include metadata that may be deemed harmful or illegal, including but not limited to: metadata that promotes suicide or self-harm, incites hate or violence against others, degrades or doxxes another individual, depicts minors in sexually suggestive situations, or raises funds for terrorist organizations. Transacting in any Restricted Territory or interacting with any blockchain addresses controlled indirectly or directly by persons or entities Subject to Restrictions, that is, included in any trade embargo or sanctions list.
III. LIMITATION OF LIABILITY
3.1 You fully understand the risks of digital assets and their derivatives as described in Article 2.2 of this Agreement and fully agree that you are solely responsible for any losses incurred on you due to such risks. You also acknowledge that you fully understand this Agreement and all rules and policies relating to the use of the Services. AINFT Marketplace shall not be liable for any losses incurred on you for misunderstanding the above mentioned content.
3.2 You fully understand the risks of the policies described in Article 2.2 of this Agreement and fully agree that you are solely responsible for any losses incurred on you due to such risks. You also acknowledge that you fully understand that AINFT Marketplace may, in its sole discretion, modify the content of this Agreement or implement emergency rules or policies from time to time to comply with laws, regulations, or national policies that may be updated or changed from time to time and to maintain the overall health of the marketplace of digital assets, and that AINFT Marketplace will not be liable for any losses incurred on you as a result of such modifications.
3.3 You fully understand the Internet and technical risks described in Article 2.2 of this Agreement. You might not be able to use the Services or to place orders in the event the Platform does not function properly due to the following conditions, including but not limited to:
- The Platform is in the maintenance mode as announced by AINFT Marketplace;
- Data transmission failure incurred by faults of telecom equipment;
- Service interruptions or latency due to cyber-attacks, computer viruses, telecom-related technical adjustments or failures, website upgrades, banking issues, temporary shutdowns due to government controls, and other reasons affecting the operation of the network;
- Losses caused by technical failures that cannot be predicted or overcome using the existing technologies;
- Losses caused to you or other third parties due to the fault or delay of third parties.
We do not represent or warrant that access to the front-end interface will be continuous, uninterrupted, timely, or secure; that the information contained in the interface will be accurate, reliable, complete, or current; or that the Interface will be free from errors, defects, viruses, or other harmful elements. You fully agree that you are solely responsible for any losses incurred by transaction error or market disruption as a result of such unanticipated factors that are not attributable to AINFT Marketplace and that AINFT Marketplace reserves the right to cancel or revert orders for a certain period, as appropriate. AINFT Marketplace is not liable for any above mentioned losses.
3.4 You fully understand the risks of the force majeure described in Article 2.2 of this Agreement and fully agree that you are solely responsible for any losses incurred on you due to such risks.
3.5 You fully understand the risks of account seizure and freezing as described in Article 2.2 of this Agreement and fully agree that you are solely responsible for any losses incurred on you due to such risks.
IV. INDEMNITY
4.1 You shall take all measures to protect AINFT Marketplace from any damages arising from your use of the Services or other activities of your AINFT Marketplace account. You shall be liable for any losses or damages AINFT Marketplace suffers.
4.2 You hereby acknowledge and agree that you shall defend, indemnify, and hold harmless AINFT Marketplace from and against any claim or demand (including reasonable legal fees) arising out of your breach of this Agreement, your improper use of the Services, your violation of any law or infringement of the rights of any third party, or any act or omission by any third party authorized by you to use your AINFT Marketplace account or access the AINFT Marketplace websites, clients, or systems (including networks and servers used to provide any of the AINFT Marketplace Services, whether such websites, clients, and systems are operated by, for, or for the purpose of providing the AINFT Marketplace Services for you).
V. PRIVACY
When you use the front-end interface, the only information we collect from you is your blockchain wallet address, completed transaction hashes, and token identifiers. We do not collect any personal information from you. We do, however, use third-party services like Google Analytics, which may receive your publicly available personal information. We do not take responsibility for any information you make public on the TRON blockchain by taking actions through the front-end interface. Please refer to our privacy policy for further details.
VI. MODIFICATION OF THIS AGREEMENT
This Agreement contains the agreements, guidelines, and rules and terms of the AINFT Marketplace website (ainft.com), including the related appendices and other content that AINFT Marketplace may publish from time to time regarding the Services. Upon being published, the foregoing content shall be an integral part of this Agreement which you shall also abide by. In case of conflict between the foregoing content and this Agreement, this Agreement shall prevail.
AINFT Marketplace reserves the right to modify the provisions of this Agreement unilaterally at any time, if necessary, without prior notice to you. If AINFT Marketplace unilaterally modifies the content of this Agreement, the modifications shall be published on the website of AINFT Marketplace as soon as they are made, and you may view the latest updates on the abovementioned website in a timely manner. If you continue to use the Services after the modifications are published, you shall be deemed to have agreed to and accepted the modifications by AINFT Marketplace to this Agreement. If you do not agree to the modifications made to this Agreement, you shall immediately stop using this Service.
VII. LANGUAGES
This Agreement is written in English. For the convenience of users, this Agreement may be translated into different languages, which shall be used as references only. The English version shall prevail in case of any inconsistency among different languages.
VIII. LEGAL APPLICATION AND DISPUTE RESOLUTION
The conclusion, jurisdiction, and interpretation of this Agreement shall be governed by the law of Singapore, whether in conflict with the legal doctrine or not. You agree that any and all disputes, claims, and assertions arising out of the performance of this Agreement and the receipt of services under this Agreement shall first be settled by amicable negotiation. If the consultations are unsuccessful, both parties agree to refer the dispute or controversy to arbitration by the Singapore International Arbitration Centre (SIAC) by its arbitration rules in force at the time. The place of arbitration shall be located in Singapore. The arbitration proceedings shall be conducted in English. The results of the arbitration are final and binding on both parties.