Terms of Use

WEBSITE TERMS OF USE

of NFTfi Genesis Ltd (hereinafter “NFTfi” or the “Company” or “our” or "we" or “us”)

The following Website Terms of Use, together with any documents which are expressly incorporated by reference (collectively, these "Terms of Use"), govern your access to and use of the website, https://www.nftfi.com/, hereinafter the "Website”. If you use the NFTfi Interface (found at https://app.nftfi.com/borrow/assets) you accept special terms and conditions governing the use of the NFTfi Interface. These special terms and conditions supplements and prevail these Terms of Use.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy including our Cookie Policy (found at https://www.nftfi.com/privacy-policy), incorporated herein by reference (hereinafter the “Privacy Policy”).

If you do not wish to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Who May Use the Website

By using this Website, you represent and warrant that you (i) are at least 18 years old (or, where applicable, of an age that meets such other higher minimum age limit as required in the laws of your jurisdiction); (ii)are not barred from using the Website under any applicable law including under any sanctions issued by the United Nations, the United Kingdom, the BVI or the United States of America, and (iii) are using the Website only for your own personal use. If you do not meet these requirements, you must not access or use the Website. It is your responsibility to ascertain whether or not you are permitted to use the Website.

Note that we do not permit the use of our Services by Users located in or accessing the Services from certain jurisdictions ("Prohibited Jurisdictions"). At this time, these Prohibited Jurisdictions are the following: Myanmar (Burma), Belarus, China, Cote D'Ivoire (Ivory Coast), Cuba, Crimea and Sevastopol, Democratic Republic of Congo, Equatorial Guinea, Eritrea, Iran, Iraq, Libya, Mali, Nicaragua, Democratic People’s Republic of Korea (North Korea), Russia, Somalia, Sudan, Syria, the United States of America, Yemen and Zimbabwe. You agree not to use a VPN or any other software to hide or modify your IP address.

We reserve the right to block access to the Website at any time without notice to you in our sole discretion.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion without notice to you. All changes are effective immediately when we have posted them.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Website

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, at our sole discretion without notice. We do not guarantee that our Website or any content on the Website will always be available or be interrupted. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. We reserve the right to choose which markets and jurisdictions to conduct our business and may restrict or refuse, at our sole discretion, access to the Website in certain countries or regions.

You are responsible for:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (hereinafter the “Content”), are owned by NFTfi, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content on our Website, except as follows:

Your computer may temporarily store copies of such Content in RAM incidental to your accessing and viewing that Content.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any Content from this Website.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of Content from this Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make use of any Content on the Website other than that set out in this section, please address your request to: marketing@nftfi.com

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our request, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any Content on the Website is transferred to you, and all rights not expressly granted are reserved by NFTfi. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The name of NFTfi, its logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of NFTfi. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate NFTfi, an employee of NFTfi, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm NFTfi or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the Content on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by NFTfi, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of NFTfi. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We intend that the Content on the Website is accurate at the time it is published. However, we accept no obligation to ensure, and do not warrant, that the Content is complete, accurate, or always up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

We may revise and update these Terms of Use from time to time at our sole discretion without notice to you. All changes are effective immediately when we have posted them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Note that transactions on a blockchain are public and as such we are not able to modify or delete any transactions you conduct via the Website.

We are not obligated to monitor access to or use of the Website. However, we have the right to do so for the purpose of operating the Website, to ensure compliance with these Terms of Use and to comply with applicable law or other legal requirements. If we suspect that you have breached these Terms of Use, we have a right to suspend your use of and access to the Website without notice. We have the right to investigate breaches of these Terms or conduct that affects the Website. We may also consult and cooperate with law enforcement authorities to prosecute any wrongdoing as we see fit in our absolute discretion.

We may require you to register for an account, though we may waive this in our absolute discretion. If we require you to create an account, you must provide us with accurate, complete and current account information and keep this information up to date (and if you do not do so, we reserve the right to suspend or terminate your account). To protect your account, you must keep the account details and password confidential, and notify us right away of any unauthorized use. You are responsible for all activities that occur as a result of, connected with, or during, your use of the Website, including under any account you create, and therefore you must not share your account details as we will not compensate you for any losses you might incur as a result.

You are solely responsible for maintaining all relevant tax records and complying with any reporting requirements you may have as related to your use of the Website. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the Website.

If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such website. We reserve the right to withdraw linking permission without notice.

Links from the Website

Geographic Restrictions

The owner of the Website is based in the British Virgin Islands. We make no claims that the Website or any of its content is accessible or appropriate outside of the British Virgin Islands. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of the British Virgin Islands, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Website, its content and any services or items obtained through the Website is at your own risk. The Website, its content and any services or items obtained through the Website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Website, its content or any services or items obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

Some jurisdictions do not allow exclusion of warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in their entirety, but will apply to the maximum extent permitted by applicable law.

Limitation on Liability

By accessing and using the Website, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you understand the risks associated with crypto assets including NFTs. You further understand that the prices of crypto assets may be highly volatile. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase at any time. You further acknowledge that we are not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you might experience while using the Website. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing the Website.

You understand and agree that, to the extent permitted under applicable law or regulations, the Company, its subsidiaries, affiliates, and licensors will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which you may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if the Company has been advised of the possibility of such damages.

No regulatory protections

We are not licensed by or registered with any financial services or other regulator whether in the British Virgin Islands or otherwise. Accordingly, we do not have any duties under any British Virgin Islands financial services legislation to you, and nor do you have any recourse to any financial services regulator in the British Virgin Islands if you are dissatisfied.

Furthermore, the Company is not regulated or licensed in any other jurisdiction by any financial services or other regulator. There is no governmental or other compensation payable should you suffer any loss. By accessing the Website you warrant that you understand and accept that you have no protections of this kind under applicable law.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the British Virgin Islands without giving effect to any choice or conflict of law provision or rule (whether of the British Virgin Islands or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the British Virgin Islands, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

If you have not provided contact details to us, you agree that we may serve any notice or court documents on you by NFT to your wallet and you warrant and agree that this constitutes good service.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Indemnity

Insofar as is permitted by law, you will indemnify and hold the Company and our officers, directors, employees, contractors and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, all legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Website or (b) your violation of these Terms of Use.

Last modified: July 14, 2022

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