TERMS OF SERVICE

Last updated: August 19, 2022

Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the website located at Nettyart.io. (the “Site”) and services, such as content, accessible via the Site offered by NettyArt (“NettyArt”).

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN
YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED
EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND NETTYART
THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

  1. Acknowledgment
    These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the NettyArt. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the NettyArt. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when Site and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
  2. Changes to these Terms or the Services.
    We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, and/or may also send other communications. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
  3. Interpretation and Definitions
    The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
  4. Definitions
    For the purposes of these Terms and Conditions:
    Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. Account means a unique account created for You to access our Service or parts of our Service.
    Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to NettyArt. Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
    Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
    Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
    Goods refer to the items offered for sale on the Service, including but not limited to advertising packages, NFT rarity Listings, feature articles, banners on the Site, social media posts, national press releases, podcast interviews, social media advertising, a Times Square billboard advertisement, an NFT collection strategy, monthly marketing reports and a monthly meeting with Nettyart.
    Listing means a submission request to list, advertise or promote your NFT project through https://nettyart.io/nft-advertising/.
    Orders mean a request by You to purchase Goods from Us.
    Promotions refer to contests, sweepstakes or other promotions offered through the Service. Service refers to the Website.
    Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the NettyArt regarding the use of the Service.
    Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
    Website refers to www.NettyArt.io , accessible from www.NettyArt.io
    You means the individual accessing or using the Service, or NettyArt, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  5. Who May Use the Services?
    You may use the Services only if you are 18 years or older and capable of forming a binding contract with NettyArt, and not otherwise barred from using the Services under applicable law. NettyArt does not permit those under 18 to use the Service.
  6. About the Services.
    The Services consist primarily of media content that we or our users provide, including but not limited to advertisements, news articles and podcasts. YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS OR ANY SERVICES PROVIDED TO YOU IN CONNECTION WITH THESE TERMS CONSTITUTES LEGAL, FINANCIAL, TAX OR INVESTMENT ADVICE.
  7. Listings, Scores and Rankings
    LISTINGS, SCORES AND RANKINGS. THE SERVICES PROVIDE NETTYART RARITY SCORES AND RANKINGS OF NON-FUNGIBLE TOKENS (“NFTS”) PROVIDED BY THIRD PARTIES. WE DO NOT MAKE ANY GUARANTEES OR WARRANTIES REGARDING THE ACCURACY, CONSISTENCY OR VALUE OF ANY OF THE SCORES OR RANKINGS ON THE SERVICES. WE RESERVE THE RIGHT TO CHANGE AND ADJUST THE SCORES AND RANKINGS AT ANY TIME IN OUR SOLE DISCRETION, WITHOUT NOTICE, INCLUDING, WITHOUT LIMITATION, THROUGH AUTOMATED MEANS.
  8. Listing Submissions.
    If you wish to have your NFT project or collection listed on the Services with NettyArt, you must submit a request form via https://nettyart.io/nft-advertising/ (the “Advertising Page”).
    NettyArt shall have sole discretion over whether to accept any Listing submission and whether to accept your request to list any NFT project or collection.
    By submitting a Listing you:

    a. acknowledge that NettyArt and/or its affiliates may, now or in the future, own and/or operate, in addition to the Services, one or more other service(s), marketplace(s) or platform(s) on which NFTs are displayed, listed, stored, custodied, traded, posted or linked to (together with the Services, collectively, the “NFT Platforms”), and you acknowledge and agree that (i) NettyArt and its affiliates may synchronize (including, without limitation, using automated means) submitted NFT projects and collections across one or more NFT Platforms, and (ii) your submission is a request to have your NFT project or collection, as well as all NFT projects or collections that you previously submitted to NettyArt, included on the Services and also, to the extent applicable, on the other NFT Platforms;

    b. grant to NettyArt and its affiliates and our respective licensees, successors, and assigns a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), transferable right and license (i) to copy, reproduce, display, list, score and rank on the NFT Platforms all NFTs (including, without limitation, the data, text, images, audio, video or other content associated with them) in the project or collection you submit, and all projects and collections you previously have submitted, for Listing (collectively, “User-Submitted Materials”), to use on the NFT Platforms any names, user names, pseudonyms, smart contract or wallet addresses, trademarks or logos associated with such NFTs, project(s) or collection(s) in connection with them, and to link to such NFTs on the NFT marketplaces on which they are available for purchase, and (ii) use all answers and information you submit through the Listing to operate the NFT Platforms, for our and our affiliates’ other business, and analytics purposes and to contact
    you;

    c. represent and warrant to us that (i) all answers and information you submit are complete, true and accurate, (ii) you own all right, title and interest necessary to provide such answers and information to us and to grant us the license set forth in clause (b) above, (iii) you control the NFT marketplace accounts, collections and Listings to which you provide links, (iv) no NFT in your project or collection (or any content associated with any such NFT), or the display, promotion or sale thereof, infringes or misappropriate any third party’s intellectual property rights, violates any applicable law, rule or regulation, or otherwise violates these Terms, and (v) you have authority to legally bind to these Terms the entity or entities you are using the Services on behalf of; and

    d. if you submit a Listing and your NFT project or collection is listed, scored and ranked on the Services, agree to pay to NettyArt, as a condition of the initial Listing, scoring and ranking of each such NFT project or collection, the amount set forth on the Listing for each such NFT project or collection, in the form of payment specified on the Listing page (the “Listing Fee”), via the invoice page we provide to you.

    Previously User-Submitted Materials.
    EACH TIME YOU USE THE SERVICES, YOU HEREBY GRANT TO NETTYART AND
    ITS AFFILIATES THE RIGHTS AND LICENSES SET FORTH IN SECTION ABOVE,
    AND YOU MAKE THE REPRESENTATIONS AND WARRANTIES SET FORTH
    ABOVE, WITH RESPECT TO ALL USER-SUBMITTED MATERIALS AND
    INFORMATION THAT YOU PREVIOUSLY SUBMITTED TO THE SERVICES.


    No Refunds of Listing Fee. The Listing Fee is non-refundable.

    Removal of Listings, Scores, Rankings, and Advertising
    . NettyArt reserves the right, in its sole discretion, to remove any NFT Listings, scores, rankings, paid advertisements and/or other content from the NFT Platforms at any time if NettyArt believes that (a) you have made any misrepresentation regarding any of such content, or (b) the continued inclusion of such content on the NFT Platforms would (i) infringe or misappropriate the intellectual property rights of any third party, (ii) violate any applicable law, rule or regulation, (iii) violate these Terms, (iv) expose NettyArt or its affiliates to liability or potential liability, (v) tarnish or damage NettyArt, its affiliates’ or the NFT Platforms’ reputation, brand or image, or (vi) be otherwise undesirable.
  9. Your Feedback to Us
    You assign all rights, title and interest in any Feedback You provide to NettyArt. If for any reason such assignment is ineffective, You agree to grant NettyArt a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
  10. Your Content.
    Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. NettyArt does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.

    Content Restrictions
    NettyArt is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

    ● Unlawful or promoting unlawful activity.
    ● Defamatory, discriminatory, or mean-spirited content, including references or
    commentary about religion, race, sexual orientation, gender, national/ethnic
    origin, or other targeted groups.
    ● Spam, machine – or randomly – generated, constituting unauthorized or
    unsolicited advertising, chain letters, any other form of unauthorized solicitation,
    or any form of lottery or gambling.
    ● Containing or installing any viruses, worms, malware, trojan horses, or other
    content that is designed or intended to disrupt, damage, or limit the functioning of
    any software, hardware or telecommunications equipment or to damage or obtain
    unauthorized access to any data or other information of a third person.
    ● Infringing on any proprietary rights of any party, including patent, trademark,
    trade secret, copyright, right of publicity or other rights.
    ● Impersonating any person or entity including NettyArt and its employees or
    representatives.
    ● Violating the privacy of any third person.
    ● False information and features.

    NettyArt reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. NettyArt further reserves the right to make formatting and edits and change the manner of any Content. NettyArt can also limit or revoke the use of the Service if You post such objectionable Content. NettyArt cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will NettyArt be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

    Content Backups
    Although regular backups of Content are performed, the NettyArt do not guarantee there will be no loss or corruption of data.Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. NettyArt will provide support and attempt to troubleshoot any known or discovered issues that
    may affect the backups of Content. But You acknowledge that NettyArt has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
  11. Copyright Policy
    Intellectual Property Infringement

    We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at info@NettyArt.io and include in Your notice a detailed description
    of the alleged infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

    DMCA Notice and DMCA Procedure for Copyright Infringement Claims
    You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

    ● An electronic or physical signature of the person authorized to act on behalf of
    the owner of the copyright’s interest.
    ● A description of the copyrighted work that You claim has been infringed,
    including the URL (i.e., web page address) of the location where the copyrighted
    work exists or a copy of the copyrighted work.
    ● Identification of the URL or other specific location on the Service where the
    material that You claim is infringing is located.
    ● Your address, telephone number, and email address.
    ● A statement by You that You have a good faith belief that the disputed use is not
    authorized by the copyright owner, its agent, or the law.
    ● A statement by You, made under penalty of perjury, that the above information in
    Your notice is accurate and that You are the copyright owner or authorized to act
    on the copyright owner’s behalf.

    You can contact our copyright agent via email at info@NettyArt.io. Upon receipt of a notification, NettyArt will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
  12. Intellectual Property
    The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of NettyArt and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NettyArt.
  13. Trademarks
    “NettyArt,” the NettyArtlogo and any other NettyArt product or service names, logos or slogans that may appear on our Services are trademarks of NettyArt, in the United States and in other jurisdictions, and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not and shall not use any trademark, product or service name of NettyArt without our prior written permission, including, without limitation, any metatags or other “hidden text” utilizing any trademark, product or service name of NettyArt. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of NettyArt and may not be copied,
    imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
  14. Links to Other Websites
    Our Service may contain links to third-party web sites or services that are not owned or controlled by NettyArt. NettyArt has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that NettyArt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
  15. Termination
    We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
  16. Limitation of Liability
    TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER NETTYART NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NETTYART OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NETTYART’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO NETTYART FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO NETTYART, AS APPLICABLE.

    THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NETTYART AND YOU.
  17. Governing Law and Forum Choice.
    These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New Jersey, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 15 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and NettyArt are not required to arbitrate will be the state and federal courts located in the Hudson County, New Jersey and you and NettyArt each waive any objection to jurisdiction and venue in such courts.
  18. Dispute Resolution.
    Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and NettyArt agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and NettyArt are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

    Exceptions. As limited exceptions to Section 17(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

    Conducting Arbitration and Arbitration Rules.
    The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

    Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

    Injunctive and Declaratory Relief. Except as provided above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
  19. Class Action Waiver.
    YOU AND NETTYART AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

    Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
  20. Severability.
    With the exception of any of the provisions in Section 16 of these Terms (“Class Action
    Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
  21. Contact Information.
    If you have any questions about these Terms or the Services, please contact NettyArt at info@nettyart.io