Last Updated: January 10, 2023
These terms and conditions regulate the relationship between you (also referred to herein as “You”, “Your” or the “User”) and More NFT a Swiss company with registered offices in via Pelli 13, 6900 Lugano (hereinafter also the “Company”), and govern Your relation between You and the Company. At the time of the minting, MoreNFT (in its capacity as the issuer of the NFTs) sells NFTs to a single purchaser and shall provide services to such purchaser and subsequent transferees, subject to Your acceptance of these NFT and Platform Terms.
BY PURCHASING THE NFTS, YOU AGREE TO BE BOUND BY THESE NFT AND PLATFORM TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THESE NFT AND PLATFORM TERMS, YOU MAY NOT PURCHASE THE NFTS.
MoreNFT provides multiple services related to the minting and the management of NFT (hereinafter also “Platform Services”) through is online platform (hereinafter also the “Platform”) that allow the creation of NFT for any user to emphasize the value and talent of creators who want to improve their profile. MoreNFT will allow to artists and creators to create their own NFT and to receive also support and assistance in advancing their individual personal branding (hereinafter also the “Creator”).
PLEASE READ THESE NFT AND PLATFORM TERMS CAREFULLY BEFORE PURCHASING THE NFTS. THESE NFT AND PLATFORM TERMS DESCRIBE YOUR RIGHTS AND OBLIGATIONS WITH REGARD TO THE PURCHASE OF NFT AND THE CREATION OF THE NFT, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT OR PROVIDED SPECIFIC TERMS WITH YOU FOR THAT PURPOSE.
The Platform will offer the service of:
Smart contract creation and minting: in this case the Creator can choose one of the following minting modes (i) “lazy minting” the Creator does not mint the NFT of the collection but only preconfigures it by deploying its contract and the associated information. The User will mint the NFT when purchasing the NFT (ii) “pre-minting” the Creator mints the collection before the actual sale. The collection becomes, even before the first sale, available for viewing on marketplaces. The Creator pays the gas fees. Both minting modes include the following services:
Factory: access to the factory section of the MoreNFT platform dedicated to NFT’s exclusive primary market;
ERC721 standard smart contract: the smart contracts created adhere to well-know and universally adopted ERC721 standard;
ERC2981 royalties: integration of secondary market resale royalties in ERC2981- compliant marketplaces;
Royalties split: the proceeds from the primary and secondary sale of the NFTs in the collection are automatically split by the blockchain to the address list and according to the agreed proportions;
IPFS data: all off-chain data related to the correct adherence to the ERC721 specification are uploaded to the distributed and decentralised IPFS system;
promote the visibility of the artist and the collection within the MoreNFT platform (“NFT positioning in the platform”).
Newsletter service, that will offer to the User the inclusion in the MoreNFT newsletter dedicated to new drops of NFT. And the newsletter will contain a link to the dedicated page on the platform (“Newsletter”).
Discord, highlighting of the project within the MoreNFT Discord server (“Discord”).
Announcement on MoreNFT’s official channels: Instagram, twitter, Linkedin and Medium (“Announcement on MoreNFT’s official channels”).
In case of services offered to Creator MoreNFT will apply no fee for the following services: Smart contract creation and minting, NFT positioning in the platform, Newsletter, Discord and Announcement on MoreNFT’s official channels.
You acknowledge and accept that when You buy an NFT on sale on the MoreNFT Platform, you perform a transaction on the Company smart contract, the buy operation performs a price conversion from USD to ETH using the decentralized Chainlink oracle and mints or transfers if already minted the NFT You bought to your account. When an NFT is on auction, you can place a bid to obtain it. This operation will transfer the amount of your bid to the Factory contract that will act as an escrow for the bidder funds. This means that: (i) You need to already hold the funds for the bid that you are placing, (ii) funds are locked in the Factory contract for the auction duration unless some other user places a higher bid, (iii) if a bid was already placed, the amount is given back to the previous bidder. The User can not withdraw a bid made on an NFT. In order to protect the fairness of the auction system, once a bid is placed, it cannot be reverted. When an auction expires, the current bidder becomes the auction winner and can claim the NFT from the Factory contract finalizing the auction. The claim operation does not require any other expense except for the transaction fee of the blockchain where the Factory is deployed. The claim operation: (i) transfers the bid amount to the NFT Creator retaining, when present, a Factory fee, (ii) mints (or transfers if already minted) the NFT to the auction winner, (iii) can be executed by anyone since its behavior is constrained to only perform the legitimate transfers. It is in the auction winner's interest to execute such a transaction, so, when you place a bid, you need to take into account that one more transaction (and the related fee) is needed in the case in which you win the auction, in order to obtain the desired NFT. The Factory contract will automatically extend the auction expiration by an amount of time specified on the collection page that reflects the constraint enforced on the Factory contract on the blockchain. Time is measured of blocks of the underlying blockchain. The minimum amount to overcome someone’s bid on an NFT is specified on each collection page and reflects the constraint enforced on the Factory contract on the blockchain. The transaction Fee applied when the User purchase the NFT on the Platform is 1% of the value of the NFT purchased.
You acknowledge and accept that MoreNFT is not responsible for any loss or damage incurred as a result of the use or malfunctioning of the technologies (e.g. blockchain technologies) used by the Platform. Before accessing and/or using the Platform, You have read, understood, and accepted all of the NFT an Platform Terms and agree to be legally bound by these NFT and Platform Terms (as amended from time to time). You further represent and warrant that: (i) You are of legal age, in Your jurisdiction, to enter into a binding agreement; and (ii) if You represent a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into these NFT Platform Terms on behalf of such corporation, governmental organization or other legal entity and to legally bind it to these NFT and Platform Terms.
By purchasing the Platform Services, You represent and warrant that (i) You fully understand and have significant experience of tokens, cryptocurrencies and digital assets, as well as of blockchain-based infrastructures and services, and (ii) You fully understand the risks associated with the use of blockchain and the trading of tokens, cryptocurrencies and digital assets as well as the mechanics related to the use of such tokens, cryptocurrencies and digital assets (including with respect to their storage and exchange). There is no guarantee against losses for purchasing the NFT or any Platform Services. By purchasing the NFT or any Platform Services, You represent and warrant that You are not entering into transactions that are above Your financial abilities. Also, tokens, cryptocurrencies and digital assets, including the NFT, are not suitable for people without the relevant knowledge and/or experience. By purchasing the NFT, You further represent and guarantee that You are aware of the risks related to tokens, cryptocurrencies and digital assets, for which You are solely responsible and liable. You further acknowledge and agree that MoreNFT does not provide any advice, guidance or recommendations on the opportunity to purchase or dispose the NFT.
The Creator with the minting of the NFT, acknowledge and agree that he retains all right, title and interest in all of the intellectual property contained in the NFTs, including, without limitation, inventions, ideas, concepts, code, discoveries, processes, marks, methods, software, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyright or patents based thereon.
MoreNFT may at his sole discretion terminate these NFT and Platform Terms at any time.
In no event will MoreNFT, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to Your use of the services provided by MoreNFT, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not MoreNFT was advised of the possibility of such damages. Without limiting the generality of the foregoing, MoreNFT takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Platform technologies, including, without limitation, to any of the following: (i) delays, interruption or loss of services; (ii) technical failure, malfunction or shutdown; (iii) server failure, hacks or unavailability; (iv) data loss; (v) corrupted data on MoreNFT’s servers; (vi) failure to update or provide correct information; (vii) “phishing” or other websites masquerading as MoreNFT; (viii) stolen, lost, or unauthorized use of Your means of authorization; (ix) loss of business or goodwill. The services provided by MoreNFT through the Platform technologies can be integrated with third party services. MoreNFT takes no responsibility for any third-party services and will not be liable for any loss or damages caused by such third party services. The services provided by MoreNFT are provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. MoreNFT disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.
By purchasing the NFT or any Platform Services, You acknowledge and agree that You shall not do this if applicable laws, based on Your country of location, residency and/or citizenship, prohibit You from doing so in accordance with these NFT and Platform Terms. You further acknowledge and agree that MoreNFT reserves the right to refuse the minting and purchase of the NFT, at its exclusive discretion. Without limitation to the foregoing, You acknowledge and agree that You shall not use, or assist third parties to purchase the NFT to, without limitation, avoid taxes, engage into activities that may amount to market abuse (including, without limitation, front-running, wash trades, etc.), engage into illegal gambling, frauds, money laundering or terrorist activities.
To the fullest extent permitted under applicable laws, You agree to hold harmless and indemnify MoreNFT, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of the following events (the “Material Events”) : (i) Your alleged or actual breach of these NFT and Platform Terms, including, without limitation, Your express representations and warranties; (ii) Your alleged or actual use or misuse of the services provided by MoreNFT; and (iii) Your alleged or actual infringement or violation of any laws or of the rights of a third party.
You shall be responsible for any taxes applying to the payments You make or receive under these NFT and Platform Terms, and to collect, report, and remit such taxes to the appropriate tax authorities. You acknowledge and agree that, at the moment, MoreNFT is not able to draft a taxation report concerning the operation executed and that it is Your duty to collect all the information required by the competent tax authorities in order to comply with Your tax obligations.
These NFT and Platform Terms constitute all the terms and conditions agreed upon between You and MoreNFT and supersede any prior agreements in relation to the subject matter of these NFT and Platform Terms, whether written or oral.
Severability and Waiver
Unless as otherwise stated in these NFT and Platform Terms, should any provision of these NFT and Platform Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these NFT and Platform Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws. The failure of MoreNFT to exercise or enforce any of the rights or provisions of these NFT and Platform Terms shall not be considered as a waiver of MoreNFT’s rights to do so.
MoreNFT may assign the rights and obligations under these NFT and Platform Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign any rights or obligations under the NFT and Platform Terms or any part of them, nor transfer or sub-license Your rights under these NFT and Platform Terms to any third party, unless in connection with the transfer of the NFT.
Nothing contained in these NFT and Platform Terms shall be deemed or construed to create a principal and agent, partnership or joint venture relationship between You and MoreNFT.
MoreNFT will not be deemed in default of these NFT and Platform Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including any action or omission by MoreNFT or any other cause beyond MoreNFT’s reasonable control.
If You have any questions regarding these NFT and Platform Terms, please contact us at our email firstname.lastname@example.org Any notification to You shall be made to the email address You provided when purchasing the NFT.
These NFT Terms are subject to and governed by Swiss law. All disputes arising from or under these NFT Terms shall be subject to the exclusive jurisdiction of the competent courts of Lugano, Switzerland.