Terms of Service

Below are the Terms and Conditions (these "Terms") governing your use of the Published NFT Platform currently located at https://publishednft.io/ (together with any tools, features, functionality, materials and services available therein, the "Services"). The Services provide users the opportunity to purchase, sell, trade, rent, pawn, collect and display digital assets ("Digital Collectibles") featuring Content (as defined below) provided by Published NFT, LLC ("Published NFT") and its licensors (together Published NFT and its licensors, the "Content Providers").

The Terms are between You, on the one hand, and The Non-Fungible Token Company, LLC. (d/b/a Published NFT) ("Published NFT", "we", "us" or "our") and Content Providers ("Content Providers"), on the other hand (and for the avoidance of doubt, the Terms do not apply between Published NFT and content providers). The Terms hereby incorporate by reference any additional terms and conditions displayed on or accessed through the Services, or otherwise made available to You in connection with the Services or Digital Collectibles, including the Content License Agreement ("Content License") set forth below these Terms.

For purposes of these Terms, "You" and "Your" means you as the user of the Services.

You must be at least 18 years of age, or such legal age as applicable for Your jurisdiction, to use the Services. By using the Services, You represent and warrant that (i) You are at least 18 years of age or the applicable legal age for Your jurisdiction; (ii) You have not previously been suspended or removed from the Services; and (iii) Your use of the Services is in compliance with any and all applicable laws and regulations.

1.1 Age Requirements

You must be at least 18 years old or the age of majority in your jurisdiction to use our Services. By using the Services, you represent and warrant that you meet these age requirements.

1.2 Account Registration

To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

1.3 Wallet Connection

To participate in NFT transactions, you must connect a compatible digital wallet. You are solely responsible for maintaining the security of your wallet and private keys. Published NFT is not responsible for any loss of access to your wallet or digital assets.

1.4 Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws and regulations in your use of the Services. You are solely responsible for ensuring your use complies with applicable laws in your jurisdiction.

2.1 Platform Description

Published NFT is a Web3 marketplace platform that enables users to buy, sell, trade, and collect digital book NFTs on the Flow blockchain. Our Services include marketplace functionality, digital wallet integration, and content access features.

2.2 Digital Collectibles

Digital Collectibles are blockchain-based tokens that represent ownership or access rights to digital content, including but not limited to eBooks, audiobooks, and related multimedia content. Ownership of a Digital Collectible does not grant you ownership of the underlying intellectual property.

2.3 Marketplace Transactions

All transactions on the platform are facilitated through smart contracts on the Flow blockchain. Once a transaction is confirmed on the blockchain, it cannot be reversed. You acknowledge and accept the irreversible nature of blockchain transactions.

2.4 Service Availability

We strive to maintain continuous service availability but do not guarantee uninterrupted access. The Services may be temporarily unavailable due to maintenance, updates, or technical issues. We reserve the right to modify or discontinue any aspect of the Services at any time.

3.1 Intellectual Property Rights

All content, trademarks, service marks, trade names, logos, and other intellectual property displayed on the Services are the property of Published NFT, Content Providers, or their respective owners. You may not use, copy, reproduce, or distribute any such content without explicit permission.

3.2 Digital Collectible Ownership

When you purchase a Digital Collectible, you own the token itself but not the underlying content or intellectual property. Your ownership is subject to the terms of the Content License Agreement and any additional licensing terms provided by Content Providers.

3.3 Content License

Subject to your compliance with these Terms and payment of applicable fees, Content Providers grant you a limited, non-exclusive, non-transferable license to access and use the content associated with your Digital Collectibles for personal, non-commercial purposes.

3.4 User-Generated Content

Any content you submit, post, or upload to the Services remains your property, but you grant Published NFT a worldwide, royalty-free license to use, display, and distribute such content in connection with the Services.

4.1 Permitted Uses

You may use the Services for lawful purposes only, including buying, selling, trading, and collecting Digital Collectibles, accessing licensed content, and participating in community features.

4.2 Prohibited Activities

You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Engage in fraudulent or deceptive practices
• Manipulate market prices or engage in wash trading
• Use automated systems to access the Services without permission
• Attempt to gain unauthorized access to other users' accounts
• Upload malicious code or attempt to disrupt the Services
• Harass, abuse, or harm other users

4.3 Account Suspension

We reserve the right to suspend or terminate your account and access to the Services if you violate these Terms or engage in prohibited activities. Such suspension or termination may result in the loss of access to your Digital Collectibles.

4.4 Fees and Payments

Certain Services may require payment of fees, including transaction fees, gas fees, and platform fees. All fees are non-refundable unless otherwise specified. You are responsible for all fees associated with your use of the Services.

5.1 Indemnification

You agree to indemnify, defend, and hold harmless Published NFT, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Services or violation of these Terms.

5.2 Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

5.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUBLISHED NFT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING FROM YOUR USE OF THE SERVICES.

5.4 Assumption of Risks

You acknowledge and assume the risks associated with blockchain technology, including but not limited to regulatory changes, technical failures, and market volatility. Digital assets may lose value or become worthless.

6.1 Binding Arbitration

Any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration rather than in court, except as otherwise provided herein.

6.2 Class Action Waiver

YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATIONS. All disputes must be resolved on an individual basis.

6.3 Opt-Out Right

You have the right to opt out of binding arbitration by sending written notice to Published NFT within 30 days of first accepting these Terms. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

6.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

7.1 Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

7.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

7.3 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and Published NFT regarding the Services.

7.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

7.5 Survival

Provisions that by their nature should survive termination of these Terms shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.