Dear BitMart Users,
In the event of a conflict between these NFT Terms and Conditions and the other BitMart Market Rules with respect to use of NFT Marketplace, the NFT Terms and Conditions will supersede and control.
Please carefully review these NFT Terms and Conditions as we may change or amend these terms at any time at our sole and absolute discretion. Any changes to these terms will be in effect as of the date referred to at the top of this page. You acknowledge and agree that the form and nature of the NFT Marketplace, and any part of it, may change from time to time without prior notice to you, and that we may add new or remove existing features andchange any part of the NFT Marketplace.
IF ANY PROVISION OF THESE TERMS AND CONDITIONS ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE BITMART NFT MARKETPLACE. YOUR CONTINUED USE OF THE NFT MARKETPLACE FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.
1. Overview of the NFT Marketplace
NFT means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data, such as digital collectible, media and art (“NFT Content”). The BitMart NFT Marketplace provides you with the opportunity to create, sell, purchase, collect, trade, showcase and otherwise transact NFT with other NFT Marketplace users and charges a transaction fee to facilitate these transactions. However, BitMart shall at no time be a party of these transactions and does not monitor the generation of any NFT, or verify the authenticity, legitimacy, identity of any NFT at the NFT Marketplace, or examine the nature and value of the NFT Content associated with such NFTs, or the existence of any encumbrances whereof.
For NFT Sellers: By minting, providing, or selling an NFT through the NFT Marketplace, you hereby represent and warrant that you own all legal right, title and interest in all intellectual property rights to the NFT Contentlinked or associated with such NFT, or you are legally authorized by the intellectual property owner to mint, provide or sell the NFT on the NFT Marketplace. Except for NFTs minted on the NFT Marketplace, in order to list any NFT for sale on the NFT Marketplace, you must first deposit the NFT for sale for custody with BitMart until such time as the NFT is sold or you decide to remove the NFT from the NFT Marketplace. For clarity, BitMart has no obligation or liability to you for keeping, storing, or helping you recover any NFT Content associated with your NFTs.
For NFT Buyers: When you purchase an NFT, you own the NFT that is associated with certain NFT Content, but you do not own any intellectual property rights in such NFT Content except for the license grants expressly set forth herein. In certain cases, we may help to evaluate or provide you with information about a seller of an NFT.However, such information is provided for informational purposes only. You bear full responsibility for verifying theauthenticity, legitimacy, identity of any NFT you purchase on the NFT Marketplace. We make no guarantees or promises about the identity, legitimacy, or authenticity of any NFT on the NFT Marketplace.
2. License to Your Content
In connection with your use of the NFT Marketplace, you may be able to post, upload, or submit content to be made available through the NFT Marketplace, including the NFT Content that is tied to NFTs you wish to sell on the NFT Marketplace as a seller, and any other content associated with your NFTs (“Your Content”). You retain all rights to Your Content you post, upload, submit, or otherwise made available through the NFT Marketplace, except for rightsexpressly granted herein. In order to operate the NFT Marketplace, we must obtain from you certain license rights in Your Content so that actions we take in operating the NFT Marketplace are not considered intellectual property infringement. Accordingly, by using the NFT Marketplace and uploading Your Content or otherwise made Your Content available, you grant us a license to access, use, host, cache, store, copy, reproduce, transmit, display, publish, distribute, adapt and modify Your Content in any and all media or distribution methods (now known or later developed) but solely as required to be able to operate and provide services of the NFT Marketplace. You agree that this license includes the right for us to provide, promote, and improve the NFT Marketplace and to make Your Contentavailable to other companies, organizations or individuals for the distribution, promotion or publication of Your Content on other media and services. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the NFT Marketplace, and solely for purpose of providing the NFT Marketplace, and to otherwise permit access to disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations.
As part of the foregoing license grant you agree that the other users of the NFT Marketplace shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Contentas part of their own use of the NFT Marketplace; except that the foregoing shall not apply to any of Your Content that you post privately for non-public display on the NFT Marketplace. By posting or submitting Your Content to the NFT Marketplace, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions,power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain any materials subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
If you sell an NFT through the NFT Marketplace, you grant to the buyer of the NFT a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the NFT Content for such purchased NFT, solely for the following purposes: (a) for the buyer’s own personal use; (b) as part of a marketplace that permits the purchase and sale of such NFTs, provided that the marketplace cryptographically verifies each NFT’s owner’s rights todisplay the NFT Content for their NFTs to ensure that only the actual owner can display the NFT Content; or (c) as part of a third party website or application that permits the inclusion, involvement, or participation of your NFT, provided that the website/application cryptographically verifies each NFT’s owner’s rights to display the NFT Content for their NFTs to ensure that only the actual owner can display the NFT Content, and provided that the NFT Contentis no longer visible once the owner of the NFTs leaves the website/application (the “NFT Purchase License”).
If you are a buyer of NFTs, then you acknowledge and agree that the NFT Purchase License set forth above only lasts as long as you are the valid owner and holder of the NFT associated with the licensed NFT Content. If you sell or transfer the NFT to another person, this NFT Purchase License will transfer to such other owner or holder of the NFT, and you will no longer have the benefits of such NFT Purchase License. Unless otherwise specified by seller of an NFT in writing, your purchase of an NFT might not give you the right to publicly display, perform, distribute or otherwise reproduce the NFT or its related NFT Content for any commercial purpose.
If you sell an NFT, you agree that you will not have any claims against BitMart for any breach of these NFT terms by a purchaser, including if they make commercial use of the related NFT Content in breach of these NFT terms.
We have the right to remove or refuse to post any of Your Content, including NFTs, (a) for any or no reason in our sole discretion; and (b) take any action with respect to Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these NFT terms, infringes any intellectual property right of any person or entity, threatens the personal safety of users of the NFT Marketplace or the public, or couldcreate liability for BitMart or other users.
3. Copyright Policy
BitMart may, but is not obligated to, monitor the NFTs, NFT Content and Your Content uploaded to the NFT Marketplace for any infringement of a third party’s intellectual property rights. However, BitMart cannot undertake to review all such content before it is posted to the marketplace and cannot ensure prompt removal of objectionable content after it has been posted. Accordingly, BitMart assume no liability for any action regarding transmissions,communications, or content provided by any user or third party. If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing in the NFT Marketplace have been copied in a way that constitutes copyright infringement, you may submit a notification to our legal department, by providing thefollowing information in writing:
- identification of the copyrighted work that is claimed to be infringed;
- identification of the allegedly infringing material that is requested to be removed, including adescription of where it is located on the NFT Marketplace;
- information for us to contact you, such as an address, telephone number and e-mail address;
- a statement that you have a good faith belief that the identified, allegedly infringing use is notauthorized by the copyright owners, its agent or the law;
- a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
- the physical or electronic signature of a person authorized to act on behalf of the owner of the copyrightor of an exclusive right that is allegedly
Notices of copyright infringement claims should be sent by e-mail to firstname.lastname@example.org. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
Any user of the NFT Marketplace who has uploaded or posted materials identified as infringing as described above may supply a counter-notification. When we receive a counter- notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a writtencommunication (by email) that sets forth:
- your name, address, telephone number, e-mail address;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; and
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Please note that you will be liable for damages if you materially misrepresent that content or an activity is notinfringing the copyrights of others.
4. Restrictions on Marketing and Promotional Activities and Logo Use
Any marketing and promotional activities, whether in digital, print or any other form, that you may conduct in connection with your use of the NFT Marketplace are subject to our review and prior written approval. You should submit such plan relating to marketing and promotional activities and materials for our review and provide any information that we reasonably request. The plan should contain all key information including but not limited to details of the relevant NFT projects, all planned media channels or distributions, relationships between differentcounterparties, etc.
You must not create and/or publish any marketing or promotional materials that may: (a) be deemed false andmisleading; (b) breach or infringes the rights of any third parties, including intellectual property rights; (c) breach any applicable laws and regulations; (d) breach any of our guidelines or instructions that may be made available to you; and (e) bring into dispute or damage the goodwill of BitMart and/or BitMart NFT Marketplace. We reserve the right to request changes or suspension to such plan and activity as we deem necessary and reject any plan and activity in its entirety in our absolute discretion.
Subject to further guidelines that may be made available to you, we may permit you to use the BitMart Marks, at our sole discretion, for the sole purposes of marketing or promoting your NFTs on the NFT Marketplace. Terms ofsuch guidelines made available to you shall be incorporated into these terms by express reference herein. You must not use BitMart’s name, logo, trade names and any other marks (“BitMart Marks”) without our prior written approval.
You agree to indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation, loss of goodwill and all interest,penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with any such marketing and promotional activities that you conduct in connection with your use of the NFT Marketplace.
When you make purchases through the NFT Marketplace, including, without limitation, any purchase for NFTs, the total amount of your purchase price will be charged against the current balance of your BitMart account and the payment will be made directly to the seller’s BitMart account. BitMart only charges a transaction fee from each transaction and does not accept or hold any of your payments for the NFTs.
Except for the transaction fee charged, we have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the NFT Marketplace, or any other payment or transactions that you conduct via the NFT Marketplace. We do not provide refunds for any purchases that you might make on or through the NFT Marketplace – whether for NFTs or anything else.
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with your use of theNFT Marketplace or NFTs.
6. Assumption of Risks
Any purchase or sale you make, accept or facilitate outside of the NFT Marketplace of an NFT will be entirelyat your risk. You acknowledge that you have obtained sufficient information to make an informed decision to purchase an NFT, including carefully reviewing the code of the smart contract and the NFT and fully understand and accept the functions of the same. We do not control or endorse purchases or sales of NFTs outside of the NFT Marketplace. We expressly deny and disclaim any liability to you and deny any obligation to indemnify you or hold you harmless for any losses you may incur by transacting, or facilitating transactions, in NFTs outside of the BitMart NFT Marketplace.
You agree as follows: (a) to the extent there is a price or market for a blockchain asset, such markets and prices are extremely volatile, and variations in the price of other digital assets could materially and adversely affect the value of any digital asset(s) you own, such as NFTs, and there is no guarantee NFTs will have or retain any value; (b) the conduct of any person depicted in a NFT (such as drug use, domestic abuse or inappropriate social media posts) or to the extent that such person is indicted for a felony or is convicted of a crime involving moral turpitude or to the extent that the athlete’s conduct insults or offends the community, may materially diminish the commercial value of the NFT that you purchase; (c) we do not make any promises or guarantees about the availability of the NFT Content on the Internet or that the NFT Content will be made available to you at any specific location and/or for any specific period of time; (d) NFTs are made available solely for entertainment purposes. While we do not examine the nature and quality of the NFT Consent, such NFT Content might be illegal and subject you to civil or criminal liabilities by possession, holding, transaction, distribution or otherwise disposition of such NFTs.
You further agree that the NFT Marketplace may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”). By using the NFT Marketplace, you acknowledge and agree that BitMart is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect ofsuch Third Party Materials. We do not warrant or endorse and do not assume and will not have any liability orresponsibility to you or any other person for any third party services, Third Party Materials, or for any other materials, products, or services of third parties.
May 31, 2022