Welcome to the Alum NFT Marketplace ("Marketplace"), a platform for creating, minting, buying, selling, and trading non-fungible tokens (NFTs) on the Taraxa blockchain, a high-performance, EVM-compatible, blockDAG-based Layer-1 public ledger. By accessing or using the Marketplace, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with these Terms, please do not use the Marketplace.
NFT: A non-fungible token minted on the Taraxa blockchain, representing ownership of a unique digital asset, as recorded on the Taraxa public ledger.
Marketplace: The Alum NFT Marketplace, a decentralized platform operating on the Taraxa blockchain for NFT-related transactions.
User: Any individual or entity accessing or using the Marketplace.
Creator: A User who mints or creates an NFT on the Marketplace.
TARA: The native token of the Taraxa blockchain, used for transaction fees, gas payments, and other activities within the Marketplace.
Content: Any digital media, artwork, metadata, or other material associated with an NFT.
By using the Marketplace, you represent and warrant that:
You are at least 18 years of age or the legal age of majority in your jurisdiction.
You have the full right, power, and authority to enter into and comply with these Terms.
You are not subject to any financial sanctions, embargoes, or restrictive measures imposed by the United Nations, European Union, United States (OFAC), or any other relevant governmental authority.
You are not a resident or citizen of any prohibited jurisdiction as listed in Section 13 (Prohibited Jurisdictions).
You comply with all applicable laws, regulations, and ordinances in your jurisdiction.
The Alum NFT Marketplace provides a platform for Users to:
Mint NFTs using Taraxa’s EVM-compatible smart contracts.
Buy, sell, bid on, or trade NFTs using TARA tokens.
Showcase and display NFT collections.
Interact with decentralized applications (dApps) integrated with the Marketplace.
The Marketplace facilitates peer-to-peer transactions but is not a party to any agreement between buyers and sellers. All transactions are executed via smart contracts on the Taraxa blockchain, and the Marketplace does not take custody of NFTs, TARA tokens, or other digital assets.
NFT Ownership: Ownership of an NFT is governed by the Taraxa blockchain’s distributed ledger. Owning an NFT means you hold the unique token ID and associated metadata recorded on the blockchain, not necessarily the underlying Content or intellectual property rights.
Content Rights: Unless explicitly stated in the NFT’s metadata or an associated license agreement, purchasing an NFT does not grant you ownership of or rights to the underlying Content (e.g., artwork, media). Creators retain all intellectual property rights to the Content unless otherwise specified.
License Grant: Subject to your compliance with these Terms, Creators grant you a worldwide, non-exclusive, non-transferable, royalty-free license to display the Content associated with your purchased NFTs for personal, non-commercial use, or on marketplaces that cryptographically verify NFT ownership.
Creator Responsibilities: Creators warrant that they have the necessary rights to mint and sell NFTs and that the Content does not infringe on third-party intellectual property rights, is not illegal, or otherwise violates these Terms.
You agree not to:
Use the Marketplace for any illegal, fraudulent, or unauthorized purpose, including money laundering, wash trading, or other prohibited activities.
Mint, upload, or distribute Content that is unlawful, defamatory, obscene, infringing, or otherwise objectionable.
Engage in any activity that disrupts, harms, or interferes with the Marketplace or the Taraxa blockchain, including deploying malicious code or exploiting vulnerabilities.
Misrepresent the authenticity, ownership, or origin of any NFT or Content.
Violate any applicable laws, regulations, or third-party rights.
The Marketplace reserves the right to suspend or terminate access for Users who violate these Terms, subject to its sole discretion.
By using the Marketplace, you acknowledge and accept the following risks:
Volatility: The value of NFTs and TARA tokens is highly volatile and subjective. NFTs have no inherent or intrinsic value, and their market value may fluctuate significantly.
Blockchain Risks: Transactions on the Taraxa blockchain are subject to risks such as network congestion, high gas fees, forks, or security vulnerabilities. The Marketplace is not responsible for losses due to blockchain-related issues.
Wallet Security: You are responsible for securing your private keys and connected wallet. The Marketplace cannot recover lost private keys or reverse transactions due to user error, hacking, or theft.
Regulatory Uncertainty: Blockchain technologies and NFTs are subject to evolving legal and regulatory frameworks, which may impact the use or value of NFTs.
Content Accessibility: The Content linked to an NFT may be hosted off-chain and could become inaccessible due to server failures, link rot, or other issues. The Marketplace does not guarantee perpetual access to Content.
The Marketplace may, at its sole discretion, remove or restrict access to NFTs or Content that violates these Terms or applicable laws.
Users may report Content they believe to be infringing or prohibited by contacting the Marketplace’s support team. Reports must include:
A description of the allegedly infringing Content and its location.
Contact information for the reporting party.
A statement of good faith belief that the Content is unauthorized or illegal.
The Marketplace will review reports and take action as deemed appropriate, but it is not obligated to remove Content unless required by law.
As-Is Basis: The Marketplace is provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
No Liability for Blockchain: The Marketplace is not responsible for any failures, disruptions, or abnormal behavior of the Taraxa blockchain, including smart contracts, nodes, or other infrastructure.
Third-Party Services: The Marketplace may integrate with third-party wallets, exchanges, or services. Use of these services is at your own risk, and the Marketplace is not liable for their performance or security.
No Guarantee of Value: The Marketplace makes no representations or guarantees regarding the value, authenticity, or marketability of any NFT.
To the maximum extent permitted by law, the Alum NFT Marketplace, its affiliates, and their respective officers, directors, employees, or agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from:
Your use of or inability to use the Marketplace.
Loss of NFTs, TARA tokens, or other assets due to user error, hacking, or blockchain failures.
Changes in the value of NFTs or TARA tokens.
Any Content uploaded, minted, or traded on the Marketplace.
Any third-party actions, including those of Creators, buyers, or sellers.
In no event shall the Marketplace’s total liability exceed the amount of fees paid by you to the Marketplace in the six (6) months preceding the event giving rise to the claim.
You agree to indemnify and hold harmless the Alum NFT Marketplace, its affiliates, and their respective officers, directors, employees, and agents from any claims, losses, damages, liabilities, or expenses (including reasonable attorneys’ fees) arising from:
Your use of the Marketplace.
Your violation of these Terms or applicable laws.
Any Content you mint, upload, or distribute.
Any disputes between you and other Users or third parties.
The Marketplace may suspend or terminate your access at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Marketplace ceases, but these Terms’ provisions regarding ownership, disclaimers, liability, and indemnification shall survive.
The Marketplace is not available to Users who are residents or citizens of the following jurisdictions:
Belarus, Burma (Myanmar), Central African Republic, Côte d’Ivoire, Cuba, Democratic Republic of the Congo, Iran, Iraq, Lebanon, Liberia, Libya, North Korea, Somalia, Sudan, Syria, Zimbabwe.
Any jurisdiction where the use of the Marketplace or TARA tokens is prohibited by law.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles.
Arbitration: Any disputes arising from these Terms or your use of the Marketplace shall be resolved through binding arbitration in Santa Clara, California, under the rules of the American Arbitration Association. The arbitration shall be conducted in English, and the arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction.
Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in a class action or consolidated proceeding.
The Marketplace reserves the right to modify these Terms at any time. Updated Terms will be posted on the Marketplace website with the “Last Updated” date. Continued use of the Marketplace after such changes constitutes your acceptance of the revised Terms.
For questions or concerns regarding these Terms, please contact:
Email: support@alumnftmarketplace.io
Address: Alum NFT Marketplace, c/o Phragmites, Inc., Santa Clara, CA 95054, USA
Entire Agreement: These Terms constitute the entire agreement between you and the Marketplace regarding your use of the platform.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No Waiver: The Marketplace’s failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
Assignment: You may not assign your rights or obligations under these Terms without the Marketplace’s prior written consent. The Marketplace may assign its rights and obligations at its discretion.
By using the Alum NFT Marketplace, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
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