Terms of Service

Updated on 7th June 2024

1. Introduction

Welcome to FunNFT, operated by ODP PTE. LTD. ("FunNFT," "we," "us," or "our"). These Terms of Service ("Terms") outline the rules and guidelines for accessing and using FunNFT's website(s), APIs, mobile applications ("App"), and any associated services or tools. Our services include, but are not limited to, viewing, exploring, displaying, and creating NFTs, as well as connecting directly with others to mint, purchase, sell, or transfer NFTs on public blockchains (collectively referred to as the "Service"). For the purposes of these Terms, an "NFT" refers to a non-fungible token or similar digital item that is implemented on a blockchain (such as the Ethereum blockchain) and uses smart contracts to link to or be associated with specific content or data.

In these Terms, "user," "you," and "your" refer to you as the individual using the Service. If you are using the Service on behalf of a company or another entity, "you" also includes that entity, and you confirm that (a) you are authorized to represent and bind the entity to these Terms, and (b) you agree to these Terms on behalf of the entity.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND IMPACT YOUR LEGAL RIGHTS. SECTION 16 BELOW INCLUDES A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE THAT ANY DISPUTES BETWEEN US BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN THROUGH A COURT TRIAL WITH A JUDGE OR JURY. BY CLICKING TO ACCEPT, SIGN, AND/OR USING OUR SERVICE, YOU AGREE TO ABIDE BY THESE TERMS AND ALL TERMS REFERENCED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE

FunNFT is not a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor. FunNFT offers a peer-to-peer web3 service that enables users to discover and directly interact with each other and with NFTs available on public blockchains. We do not hold or manage the NFTs or blockchains you engage with, nor do we execute or facilitate purchases, transfers, or sales of NFTs. To use our Service, you must utilize a third-party wallet that allows you to perform transactions on blockchains.

FunNFT is not involved in any agreements between users. You are solely responsible for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using our Service. We make no representations, warranties, or guarantees regarding the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) available through the Service.

As our services expand, there may be additional terms for specific services (which are considered part of the "Service" and are also subject to these Terms). These additional terms and conditions, provided with the relevant service, become part of your agreement with us if you use those services. In case of a conflict between these Terms and any additional terms for a specific service, the additional terms will govern that specific service.

FunNFT reserves the right to change or modify these Terms at any time at our sole discretion. If we make significant changes to these Terms, we will make reasonable efforts to notify you of such changes, such as by posting a 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 acknowledge your acceptance of the revised Terms and all incorporated terms effective as of the date these Terms are updated. It is your responsibility to review the Terms periodically to stay informed of any changes and to understand the terms and conditions that apply when you access or use the Service.

2. Accessing the Service

Similar to much of web3, your blockchain address serves as your identity on FunNFT. To access the Service, you will need a blockchain address and a third-party wallet. Your account on the Service ("Account") will be linked to your blockchain address. If you wish to personalize your FunNFT profile, you can add additional details, such as a profile picture, to your Account.

Your FunNFT Account will be connected to your blockchain address and will display the NFTs associated with that address (including any related content). By using your wallet in conjunction with the Service, you agree to adhere to the terms and conditions set forth by the wallet provider. FunNFT does not operate, maintain, or have any affiliation with these wallets, and we do not have custody or control over the contents of your wallet. Consequently, FunNFT cannot retrieve or transfer the contents of your wallet and assumes no responsibility or liability in connection with your wallet usage. We make no guarantees regarding how the Service will interact with any specific wallet.

You are solely responsible for ensuring the security of your wallet and should never share your wallet credentials or seed phrase with anyone. If you encounter an issue with your wallet, please contact your wallet provider directly. You are also responsible for your Account and any linked wallet, and we are not liable for any actions or omissions related to your Account or in the event your Account or wallet is compromised. You agree to notify us immediately if you detect or suspect any security issues related to the Service or your Account.

Additionally, you represent and warrant that you will comply with all applicable laws (e.g., local, state, federal, and other laws) while using the Service. To fulfill our legal obligations and ensure the safety of our users and platform, we may need to restrict, suspend, or terminate your access to the Service. You acknowledge that FunNFT is not required to provide details regarding such actions.

Without limiting the foregoing, by using the Service, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to comprehensive international sanctions or embargoes ("Embargoed Jurisdiction"); (b) you are not subject to any sanctions administered by an agency of the Government of Singapore, any other government, or the United Nations (collectively, "Sanctions"); (c) you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organized under the laws of any Embargoed Jurisdiction; (d) none of your officers, managers, directors, shareholders, or authorized representatives is subject to Sanctions, or is located in, ordinarily resident in, or organized under the laws of any Embargoed Jurisdiction, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of any Embargoed Jurisdiction; (e) you have not transacted and will not transact with any person or entity falling into any of (a)-(d); (f) you have not transacted and will not transact for the benefit of any person or entity falling into any of (a)-(d). You further covenant that the foregoing shall be true during the entire period of this agreement. If you access or use the Service outside Singapore, you are solely responsible for ensuring that your access and use of the Service in such country, territory, or jurisdiction does not violate any applicable laws.

FunNFT may request additional information and documents under specific circumstances, such as upon request by a governmental authority, as required by applicable laws or regulations, to fulfill a requested service, or to investigate potential violations of these Terms. In such instances, FunNFT reserves the right, at its sole discretion, to temporarily disable your Account and block access to the Service until the requested information and documents are provided and processed. Failure to provide complete and accurate information may result in FunNFT refusing to restore access to the Service.

Your access and use of the Service may be temporarily interrupted for various reasons, including equipment malfunctions, periodic updates, maintenance, or repairs to the Service, geographic restrictions, potential violations of these Terms, or other actions deemed necessary by FunNFT at its sole discretion. You acknowledge that FunNFT may, at its sole discretion, disable your Account and/or reassign your username or associated URL.

All users must be at least 18 years old. If you are between 13 and 18 years old, you may only use FunNFT with the approval and oversight of a parent or guardian, through their Account. The account holder is responsible for your actions while using the Account. The use of our Service is prohibited for individuals under 13 years old.

3. Ownership

The Service, including its overall appearance and visual elements (such as text, graphics, images, logos, page layout, button icons, URLs, and scripts), exclusive content, information, and other materials, along with all content and materials contained within it, including the FunNFT logo and all designs, text, graphics, images, data, software, audio files, and other files, are the exclusive property of FunNFT, our affiliates, licensors, or users, as applicable. You agree not to take any actions that conflict with these ownership interests. FunNFT, along with our affiliates, licensors, and users, as applicable, reserve all rights related to the Service and its content, including the exclusive right to create derivative works.

The name, logo, trademarks, and any product or service names of FunNFT, along with their associated designs and slogans, constitute intellectual property owned by FunNFT, our affiliates, or licensors, and may not be reproduced, imitated, or used, in whole or in part, without our prior written consent for each use. You may not use any metatags or other hidden text containing "FunNFT" or any other name, trademark, or product or service name of FunNFT, our affiliates, or licensors without prior written permission. Additionally, the overall appearance and visual elements of the Service constitute the service mark, trademark, or trade dress of FunNFT and may not be reproduced, imitated, or used, in whole or in part, without our prior written consent.

Any other trademarks, registered trademarks, or product names mentioned on the Service or within content linked to or associated with any NFTs displayed on the Service are the property of their respective owners and may not be reproduced, imitated, or used, in whole or in part, without permission from the applicable intellectual property rights holder. Mention of any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not imply endorsement, sponsorship, or recommendation by FunNFT.

We value feedback, comments, and suggestions for improving the Service ("Feedback"). You acknowledge and expressly agree that contributing Feedback does not grant you any ownership, rights, or interests in the Service or the Feedback itself. You agree that FunNFT may use and disclose Feedback in any manner and for any purpose without further notice or compensation to you, and without you retaining any proprietary or other rights or claims. By providing Feedback, you hereby assign to FunNFT any and all rights, titles, and interests you may have in and to the Feedback.

FunNFT does not have ownership, custody, or control of NFTs or the smart contracts deployed by third parties. Creators of these NFTs or smart contracts are solely responsible for their operation and functionality.

4. License to Access and Use our service and content

You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Service. However, this license is contingent upon your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Service, we grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service. This includes the right to download a single copy of the App onto your applicable equipment or device. You may use these materials solely for the purpose of enabling your use of the Service as permitted by these Terms. However, it's important to note that your license for any content linked to or associated with any NFTs is solely as set forth by the applicable seller or creator of such NFT

5. Third party content, agreements and service

As a peer-to-peer web3 service, FunNFT facilitates exploration of NFTs created by third parties and interaction with different blockchains. FunNFT does not make any representations or warranties about third-party content visible through our Service, including any content associated with NFTs displayed on the Service. You bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs purchased from third-party sellers. Additionally, we cannot guarantee that any NFTs visible on FunNFT will always remain available for purchase, sale, or transfer. Users are solely responsible for any content related to their NFTs.

These Terms exclusively govern the use of our Service. NFTs are available on public blockchains and may be purchased, sold, or transferred directly between buyers, sellers, and/or creators without using our Service and, consequently, without agreeing to our Terms. NFTs may have their own terms and conditions directly set between buyers, sellers, and/or creators ("NFT Terms"). For example, when you view NFT details or metadata on FunNFT, you may encounter third-party links to NFT Terms that govern the use of the NFT. FunNFT is not involved in setting these NFT Terms and is not a party to them; they are solely between the buyer, seller, and/or creator. It is your responsibility to review and comply with such NFT Terms.

Sellers are solely responsible for determining and setting the price of an NFT, including any applicable taxes, as well as any mint count and minting mechanics for the NFTs they sell.

FunNFT may receive certain fees for its Service. However, we do not determine other costs, fees, and expenses associated with buying and selling NFTs, such as creator earnings, gas fees, or transaction fees. These fees are paid directly to the seller, creator, payment processor, blockchain validator, or other third parties. FunNFT cannot refund these costs, fees, and expenses.

The Service may include links or functionality to access or use third-party websites ("Third-Party Websites") and applications ("Third-Party Applications"), or display, include, or make available content, data, information, services, applications, or materials from third parties ("Third-Party Materials"). When you access a Third-Party Website or Third-Party Application, you are subject to the terms and conditions of that website or destination. FunNFT is not responsible for Third-Party Websites, Third-Party Applications, or Third-Party Materials, and provides links to them as a convenience only. Use of Third-Party Websites, Third-Party Applications, and Third-Party Materials is at your own risk.

6. User Conduct

Transparency is a core value at FunNFT, and we are committed to providing individuals from diverse backgrounds and experience levels in web3 with a vibrant window into various blockchains. However, to safeguard our community and comply with our legal obligations, we reserve the right to take action, with or without prior notice, if we believe in our sole discretion that you have violated these Terms or intend to use our Service for unlawful activities. This may entail: removing or restricting the ability to view or interact with specific NFTs; disabling or limiting the use of the Service (or specific features); and/or other measures.

By using the Service, you agree not to violate any law, contract, intellectual property, or other third-party rights. You are solely responsible for your conduct and content when using the Service. Additionally, you agree not to:

1. Use or attempt to use another user's Account without their authorization;
2. Impersonate another person or entity, or engage in transactions on FunNFT using a wallet owned or controlled by someone else;
3. Acquire an FunNFT username for the purpose of reselling it, causing confusion, leveraging others' goodwill, or engaging in domain squatting;
4. Access the Service from a different blockchain address if any of your other blockchain addresses have been blocked from accessing the Service, unless you have obtained our written permission beforehand;
5. Distribute spam, including sending unwanted NFTs to other users;
6. Use the Service – including disseminating any software or interacting with any API – in a way that could harm, disable, overload, or impair the Service;
7. Circumvent access controls on the Service, including attempting to bypass rate limiting systems, redirecting traffic through multiple IP addresses, or obscuring the origin of traffic sent to FunNFT;
8. Use our Service, including our APIs, in a manner that conflicts with our developer policies;
9. Use our Service for commercial purposes contrary to these Terms or any other guidelines;
10. Utilize any unauthorized automated means or interface to access the Service, extract data, or interfere with the rendering of Service pages or functionality;
11. Attempt to reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or bypass or circumvent measures intended to restrict access to any part of the Service;
12. Sell or resell the Service or attempt to evade any FunNFT fee systems;
13. Engage in actions that artificially inflate the visibility of an item or collection on FunNFT's site or manipulate search results;
14. Utilize the Service or data collected from it for advertising or direct marketing purposes;
15. Use the Service for money laundering, terrorist financing, or other illicit financial activities, or in connection with any law or regulation violations;
16. Use the Service in connection with entities or individuals subject to sanctions, located in embargoed jurisdictions, or owned or controlled by such entities or individuals;
17. Conduct financial activities requiring registration or licensing using the Service;
18. Create, sell, or buy NFTs or items granting rights to participate in ICOs or securities offerings, or redeemable for securities, commodities, or other financial instruments;
19. Engage in price manipulation, fraud, or other deceptive practices;
20. Buy, sell, or transfer stolen, fraudulently obtained, or illegally obtained items;
21. Infringe or violate the intellectual property rights or any other rights of others;
22. Create, display, purchase, or sell illegal content, including content involving child sexual exploitation;
23. Create or display NFTs or items promoting suicide, self-harm, hate, violence, or doxing;
24. Use the Service for any illegal or unauthorized purposes;
25. Use the Service with proceeds from unlawful activities or with a wallet used for unlawful activities;
26. Interfere with, disrupt, negatively affect, or inhibit other users from enjoying the Service.

While we allow users to post "not safe for work" ("NSFW") content, such content and associated materials are subject to NSFW marking and may be treated differently from non-NSFW content in navigation menus and search results.

Lastly, by using the Service, you acknowledge the importance of DYOR – doing your own research. You are responsible for verifying the authenticity, legitimacy, identity, and other details of any NFT, collection, or account you view or interact with using our Service. We do not make any claims, guarantees, or recommendations regarding the identity, legitimacy, or authenticity of any NFT, collection, or account on the Service.

7. Intellectual Property Rights

You bear full responsibility for your usage of the Service and for any information you provide, ensuring compliance with relevant laws, rules, regulations, and these Terms, including the outlined requirements for User Conduct.

By utilizing the Service alongside creating, submitting, posting, promoting, or displaying content, or by adhering to FunNFT's metadata standards in your metadata API responses, you grant us a global, non-exclusive, sublicensable, royalty-free license to utilize, replicate, modify, and exhibit any content you submit or post on or through the Service for our present and future business purposes, including the provision, promotion, and enhancement of the Service. This encompasses any digital files, art, or other materials linked to or associated with any NFTs displayed on the Service.

FunNFT does not assert ownership over the content submitted, posted, or displayed through the Service. We're not claiming ownership. We're just stating that we may utilize and showcase it to a certain extent.

You declare and warrant that you possess, or have obtained, all necessary rights, licenses, consents, permissions, power, and/or authority required to grant the rights outlined herein for any content you create, submit, post, promote, or display on or through the Service.

You are solely responsible for the content and metadata linked to NFTs and digital items you produce. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you possess the necessary permissions or are otherwise legally entitled to post the material and grant FunNFT the described license, and that the content does not infringe upon any laws.

FunNFT will promptly address copyright and intellectual property infringement claims, including those under the Digital Millennium Copyright Act ("DMCA"). We will remove infringing works in response to DMCA takedown notices and terminate access to the Service for users found to be repeat infringers. If you believe that your content has been unlawfully copied, please contact our designated copyright agent by emailing legal@funnft.com or by sending written notice to our address

60 Paya Lebar Road#09-43,Paya Lebar SquareSingapore – 409051

For us to process your infringement claim regarding content on the Service, you must be the rightsholder or someone authorized to act on behalf of the rightsholder. If you choose to write to us by email or physical mail instead, your notice must include:

1. Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed.
2. Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., URLs) on the Service of the material claimed to be infringing, so that we may locate the material.
3. Your contact information – at a minimum, your full legal name (not pseudonym) and email address.
4. A declaration that contains all of the following:
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law.
• A statement that the information in the notice is accurate.
• A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.
5. Your physical or electronic signature (of your full legal name).

Please note that we will forward your notice of intellectual property infringement, including your contact information, to the party whose content will be removed. This ensures they understand why it is no longer available on FunNFT and allows them to contact you to resolve any dispute.

8. Communication Preferences

By creating an Account, you consent to receive electronic communications from FunNFT (e.g., via email, push notification, text messages, or other types of messages). These communications may include notices about your Account (e.g., transactional information) and are part of your relationship with us. We may also send you promotional communications via email we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Service and you may opt out of these communications through the Service or through your mobile device's operating system (with the possible exception of important service announcements and administrative messages) by following the unsubscribe instructions provided or through your Account settings

9. Indemnification

By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless FunNFT, along with our 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 (collectively, the "FunNFT Parties"), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses), and costs (including, without limitation, court costs, settlement costs, 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"). This includes, but is not limited to, damages to property or personal injury, that arise out of or relate to: (a) your use or misuse of the Service, content, NFTs, or content linked to or associated with any NFTs; (b) any Feedback you provide; (c) your violation or breach of any term of these Terms or applicable law; (d) your violation of the rights of or obligations to a third party, including another user or third party; and (e) your negligence or willful misconduct. You agree to promptly notify FunNFT of any Claims and cooperate with the FunNFT Parties in defending such Claims. You further agree that the FunNFT Parties shall have control over the defense or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND FUNNFT.

10. Disclaimers

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FUNNFT EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FUNNFT (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER 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. FUNNFT 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. FUNNFT WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND RESULTING FROM ANY ACTION TAKEN OR RELIED UPON BASED ON MATERIAL OR INFORMATION CONTAINED ON THE SERVICE. WHILE FUNNFT ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, FUNNFT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY NFTS, OR ANY NFTS YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS' SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE FUNNFT PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD FUNNFT RESPONSIBLE FOR ANY BREACH OF SECURITY.

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 OR LOSS OF USE OF NFTS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING, OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS.

NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM). FUNNFT AND/OR ANY OTHER FUNNFT PARTY CANNOT EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.

NO FUNNFT PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS, OR ANY OTHER FEATURES OF THE NFTS. NO FUNNFT PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES RESULTING IN LOSSES OR INJURY

Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.

11. Assumption of Risk

You accept and acknowledge the following:

1. Subjectivity and Volatility of NFTs: The value of an NFT is highly subjective. NFT prices can be extremely volatile, and fluctuations in cryptocurrency prices can also significantly impact NFT values. You acknowledge that you fully understand this volatility and that you may lose money.
2. Fees Responsibility: You understand that you are responsible for any fees related to the use of the Service, including fees for actions taken on the blockchain, whether or not a transaction is successful. Such fees are final and non-refundable.
3. Impact of Public Interest: A lack of use or public interest in the development of distributed ecosystems could negatively impact those ecosystems and related applications, thereby affecting the potential utility of NFTs.
4. Regulatory Uncertainty: The regulatory environment for blockchain technologies, NFTs, cryptocurrency, and other crypto-based items is uncertain. New regulations or policies could materially adversely affect the Service and the utility of NFTs.
5. Tax Responsibilities: You are solely responsible for determining any taxes applicable to your transactions and for withholding, collecting, reporting, and remitting the correct amounts to the appropriate tax authorities. FunNFT is not responsible for determining, withholding, collecting, reporting, or remitting any taxes that apply to your NFTs or related transactions.
6. Risks of Third-Party Content: Purchasing items associated with third-party content through peer-to-peer transactions carries risks, including but not limited to counterfeit items, mislabeled items, items vulnerable to metadata decay, items on buggy smart contracts, and items that may become untransferable. You represent and warrant that you have conducted sufficient research before making any decisions to sell, obtain, transfer, or interact with any NFTs or accounts/collections.
7. Third-Party Smart Contracts: We do not own or control third-party smart contracts and are not responsible for their operation and functionality.
8. Public Blockchain Transactions: We do not control the public blockchains you interact with, nor certain smart contracts and protocols integral to transactions on these blockchains. Blockchain transactions are irreversible, and FunNFT cannot reverse any blockchain transactions.
9. Internet and Blockchain Risks: Using Internet and blockchain-based products involves risks, including hardware, software, and Internet connection issues, malicious software, and unauthorized third-party access to your wallet or Account. FunNFT is not responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Service or any blockchain network.
10. Third-Party Platforms and Vendors: The Service relies on third-party platforms and vendors. If we cannot maintain good relationships with these providers, or if their terms, conditions, or pricing change, or if they become unavailable, access to and use of the Service will suffer.
11. Hiding Collections and Items: FunNFT reserves the right to hide collections, contracts, and items affected by any issues. Items you purchase may become inaccessible on FunNFT. Inaccessibility on FunNFT or the inability to use the Service for transactions on any blockchains does not constitute grounds for a claim against FunNFT.
12. Dispute Release: If you have a dispute with one or more users, you release FunNFT from claims, demands, and damages of every kind and nature, known and unknown, arising out of or connected with such disputes. By entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the scope of this release to include claims you may know or suspect to exist in your favor at the time of agreeing to this release.

12. Limitation of Liability

To the fullest extent allowed by law, you agree that in no event will FunNFT or its service providers 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 or the service, products, or third-party sites and products. This includes 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, whether caused by strict liability or tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if FunNFT or its service providers have been advised of the possibility of such damages. Additionally, FunNFT or its service providers will not be liable for any other claim, demand, or damages whatsoever resulting from or arising out of or in connection with these terms or the delivery, use, or performance of the service. Access to and use of the service, 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 FunNFT arising out of or in any way related to these terms, the access to and use of the service, content, NFTs, or any FunNFT products or services exceed the greater of (a) $100 or (b) the amount received by FunNFT for its service to you directly relating to the items that are the subject of the claim. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

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. Additionally, some jurisdictions limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

13. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and share information from and/or about you ("Your Information"). By submitting Your Information through our Service, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of Your Information in accordance with the Privacy Policy

14. Modifications to the Service

We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Service (or any features or parts thereof) at any time and without liability as a result

15. Dispute Resolution; Arbitration

In the event of any dispute, claim, question, or disagreement arising from or relating to these terms or the breach thereof, or the use of the service, products, or third-party sites and products, you and FunNFT shall use your best efforts to settle the dispute, claim, question, or disagreement. To this effect, you agree to negotiate with FunNFT in good faith. If a resolution cannot be reached through good faith negotiation, such dispute shall be finally settled by binding arbitration administered by a recognized arbitration association in accordance with the provisions of its commercial arbitration rules.The arbitration shall be conducted in Singapore or another mutually agreed location. The arbitration shall be conducted by a single arbitrator, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The prevailing party in any action or proceeding to enforce these terms shall be entitled to costs and attorneys' fees.

16. Governing Law and Venue

These terms and your access to and use of the service shall be governed by and construed and enforced in accordance with the laws of Singapore (without regard to conflict of law rules or principles of Singapore, 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 as set forth in this section or cannot be heard in small claims court shall be resolved in the state or courts of Singapore.

17. Termination

If you breach any of the provisions of these terms, all licenses granted by FunNFT will terminate automatically. Additionally, notwithstanding anything contained in these terms, we reserve the right, with or without notice and at our sole discretion, to suspend, restrict, disable, terminate, or delete your account and/or your ability to access or use the service (or any part of the foregoing) at any time and for any or no reason. 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. If we terminate your account or restrict your access or use of the service, you retain ownership of your NFTs. You may still access your NFTs through public blockchains and other web3 wallets, platforms, and/or website

18. Severability

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

19. Survival

All sections which by their nature should survive the termination of these terms shall continue in full force and effect subsequent to and notwithstanding any termination of these terms by FunNFT or you. Termination will not limit any of FunNFT's other rights or remedies at law or in equity

20. Miscellaneous

These terms (and any other applicable terms or policies incorporated by reference in these terms) constitute the entire agreement between you and FunNFT relating to your access to and use of the service. These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of FunNFT, and FunNFT's failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not have any legal effect. The service is operated by us in the Singapore. Those who choose to access the service from locations outside the Singapore do so at their own initiative and are responsible for compliance with applicable local laws. You and FunNFT agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these terms. Except as otherwise provided herein, these terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.