Living Loved NFTs Terms of Use

Last revised: March 10th, 2023

Welcome to Living Loved NFTs Platform! 

Living Loved NFTs is a platform that allows you to buy, sell, and display NFT’s. These Terms of Use are entered into by and between you and Living Loved Ministry (“Living Loved,” “The Ministry,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of Living Loved, including any content, functionality, and services offered on or through https://nqomafukidze.com/nft-collections/ (the “Site”).

1) Accepting these Terms

These Terms of Use set out your rights and responsibilities when you use Living Loved to buy, sell, create, publish or display non-fungible tokens, so please read them carefully. Living Loved is an administrative platform that facilitates transactions between a buyer and a seller. By signing in agreement to these terms, or using the Services, you accept and agree to be bound and abide by these Terms of Use and all of the terms incorporated herein by reference. By agreeing to these terms, you hereby certify that you are at least 18 years of age. If you do not agree to these Terms of Use, you must not access or use the Site or the Services.

Please note that this Agreement contains an arbitration clause and class action waiver. By agreeing to these Terms of Use, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action.

Living Loved reserves the right to change or modify these Terms of Use at any time and in our sole discretion. You agree and understand that by logging into your account, accessing or using the Site or Services following any change to these Terms of Use, you agree to the revised Terms of Use and all of the terms incorporated therein by reference. We encourage you to review the Terms of Use from time to time to ensure that you understand the terms and conditions that apply when you access or use the Site. The link to this page will always be below https://nqomafukidze.com/nft-collections/ .

2) Definitions

  • “Artwork” means digital art that Living Loved sells on the Living Loved platform in the form of NFTs.
  • “Creator” means a Living Loved team who makes artwork that is minted into NFTs and sold on Living Loved platform.
  • “Drop Terms” means the number of editions, format, and price with which a Publisher or Creator sells Artwork through Living Loved platform.
  • “Marketplace Services” means the purchase, sale, or display of NFTs.
  • “Services” means the Marketplace Services, Minting Services, and Publisher Services.
  • “User” means anyone who uses Living Loved platform for the Services.

3) Communication

As an Living Loved certified NFT owner, you agree that we may send you promotional communications by email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you.

You agree that we may send you communications by email or text message that pertain to the status of a purchase or sale of an NFT on the platform, and other communications that pertain to your interaction with the Ministry, including but not limited to notifications about the status of an NFT you are interested in purchasing.

You may opt out of promotional communications at any time by following the instructions provided therein.

4) Ownership

Unless otherwise indicated in writing by us, the Ministry, all content, and all other materials contained therein, including, without limitation, the Living Loved logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof, are the proprietary property of Living Loved Ministry or our affiliates, licensors, or users, as applicable. The Living Loved logo and any platform product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of the Living Loved Ministry or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission.

5) Terms of Sale

By placing a bid during our live auctions or an order through our platform, you agree that you are submitting a binding offer to purchase given NFT. Your order is accepted and confirmed once purchase is complete, and Living Loved displays the notifies you of the ownership details and offers you an authentication certificate. 

No refunds or returns are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.

Living Loved will receive payments on behalf of the seller of an NFT as the seller’s agent. If you are a seller of a Living Loved NFT, you automatically appoint the Living Loved platform as your agent for the limited purpose of receiving, holding and settling payments by buyers of the NFTs you sell.

Of the payment received from the buyer, the seller receives 70% of the total payment. The 30% is broken down into: 20% Living Loved Ministry for the Living Loved Platform facilitating the resell of NFTs and 10% for administration and transactional charges. 

A payment received by us from a buyer, on the seller’s behalf, satisfies the buyer’s obligation to the seller in the amount of the payment received, regardless of whether we actually settle such payment to the seller. In the event that we do not make any such payment to a seller as described in these Terms of Use, the seller will have recourse against us only and not against the buyer, as such payment is deemed to be made by the buyer to the seller upon receipt by us. To the extent permissible under the rules of any third-party or governmental body with jurisdiction over us, the seller agrees that we are not liable for seller’s acts and omissions and understands that we disclaim any such liability.

6) Accidental Transfers

You understand and agree that in the event that you deposit digital assets or NFTs into an incorrect address, we may not have the ability, and are under no obligation or duty, to return such digital assets or NFTs to you. This section applies regardless of whether we control the destination address.

Please note: exceptions to this section may be considered and made on a case-by-case basis and in our sole discretion.

7) Privacy

You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Living Loved Privacy Policy, which is incorporated into this User Agreement by reference.

8) Risks

Please note the following risks in accessing or using Living Loved NFTs Platform:

  • The price and liquidity of blockchain assets, including NFTs, are extremely volatile and may be subject to large fluctuations;
  • Fluctuations in the price of other digital assets could materially and adversely affect NFTs, which may also be subject to significant price volatility;
  • Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of NFTs;
  • NFTs are not legal tender and are not backed by the government;
  • Transactions in NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
  • The value of Nifties may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, which may result in the potential for permanent and total loss of value of a particular NFT should the market for that NFT disappear.

You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that Living Loved does not give advice or recommendations regarding NFTs including the suitability and appropriateness of, and investment strategies for, NFTs. You agree and understand that you access and use Living Loved NFTs Platform at your own risk; however, this brief statement does not disclose all of the risks associated with NFTs and other digital assets. You agree and understand that Living Loved is not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using NFTs, however caused.

9) Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY LIVING LOVED, THE SITE, CONTENT CONTAINED THEREIN, AND NFTs LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. LIVING LOVED (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. LIVING LOVED DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTs INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (1) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (2) SERVER FAILURE OR DATA LOSS; (3) CORRUPTED WALLET FILES; (4) UNAUTHORISED ACCESS TO APPLICATIONS; (5) ANY UNAUTHORISED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR NIFTIES.

Living Loved is not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behaviour of software (e.g., wallet, smart contract), blockchains, or any other features of NFTs. Living Loved is not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting NFTs including forks, technical node issues or any other issues having fund losses as a result.

Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

TO THE FULLEST EXTENT PROVIDED BY LAW, l

LIVING LOVED HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND CONTENT CONTAINED THEREIN.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

25) Governing Law

These Terms of Use, your use of Living Loved NFTs Platform, your rights and obligations, and all actions contemplated by, arising out of or related to these Terms of Use shall be governed by the laws of the residing state of user, as if these Terms of Use are a contract wholly entered into and wholly performed within said state. YOU UNDERSTAND AND AGREE THAT YOUR USE OF LIVING LOVED NFTS PLATFORM AS CONTEMPLATED BY THESE TERMS OF USE SHALL BE DEEMED TO HAVE OCCURRED IN THE USERS RESIDING STATE AND BE SUBJECT TO THE INTERNAL LAWS OF THE STATE WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.

28) Severability

If any term, clause, or provision of these Terms of Use is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms of Use and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms of Use.

29) Entire Agreement

These Terms of Use comprise the entire agreement between you and Living Loved Platform relating to your access to and use of the platform, the Services, and the Site, and supersede any and all prior discussions agreements, and understandings of any kind (including without limitation prior versions of these Terms of Use). Except as otherwise provided herein, these Terms of Use are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

30) Survival

You agree and understand that all provisions of these Terms of Use shall survive the termination or expiration of these Terms of Use.

31) Contact Information

If you have any questions, would like to provide feedback, or would like more information about the Living Loved NFTs Platform, please feel free to reach out to us at  https://nqomafukidze.com/nft-collections/ 

END OF AGREEMENT

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