Please read these Terms of Sale for a user (“You” or “Your” or “User”) as it contains important information about Your legal rights, remedies and
obligations. By accessing or using the website https://www.nfznft.com (“Website or “platform”), You agree to comply with and be bound by this
Agreement. This Agreement constitutes a legally binding agreement between You and NFZ Inc., a private corporation having its registered office at
251 Little Falls Drive, Wilmington, DE 19808, governing your access to and use of the Website, including any subdomains thereof.
The Website contains a collection of digital artworks as a membership (“Memberships” as defined hereinafter) running on the Ethereum network. This
Website is only an interface allowing participants to buy and sell memberships. If any provision of these Terms of Service or any future changes are
unacceptable to you, do not use or continue to use the Website and do not link your Ethereum Wallets to our platform. Your continued use of the
Website following the posting of any notice of any change to these Terms of Service shall constitute your acceptance and agreement to such change.
a. “Art” means any art, design, and drawings that may be associated with a Membership that you own.
b. “Membership” means any blockchain-tracked, non-fungible token, such as those conforming to the ERC-721 standard and able to be used at
participating zoos, aquariums, or in the metaverse.
c. “Membership owner” means a User that has purchased a Membership created by NFZ.
d. “own” means, with respect to a Membership that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of
such purchase is recorded on the relevant blockchain.
e. “Purchased Membership” means a Membership that you own.
f. “Qualifying Transaction” means a transaction made by a Membership owner to sell their Purchased Membership on a consumer-to-consumer basis
(C2C) or on any secondary marketplace, where proof of such purchase is recorded on the relevant blockchain.
g. “Royalty” means the amount payable by the Membership owner to NFZ on each Qualifying Transaction.
By accessing the Website, linking your Ethereum wallets and/or purchasing an Membership from NFZ, you agree to be bound by the following:
2.1 You must be at least thirteen (13) years to access and use the platform; provided, if you are between the ages of thirteen (13) and eighteen (18) years
old (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of your primary
residence) you may only access and use the platform with the prior permission of your parent or legal guardian, and you represent and warrant to us
that you have such permission and that your parent or legal guardian has reviewed and discussed these terms of service with you. Since certain content
made available on the platform may not be suitable for minors, we recommend that parents or legal guardians who permit their child to
access and use the website to supervise such child’s activity, including, without limitation, any engagement with any other user thereon.
2.2 You warrant that the purchase of any Membership from the Website will not amount to:
a. breach of any agreements with any third parties,
b. breach of any agreements with banks or financial institutions, or any other form of agreement,
c. breach of any applicable laws of your jurisdiction,
d. an infringement, misappropriation or violation of a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or
intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
2.3 You represent and warrant that you understand the cryptocurrencies and Membership market, along with associated risks, expenses, and fees. To
initiate certain transactions on the Website, a User must voluntarily invoke one or more smart contract operations from an Ethereum Wallet. All such
transactions on the Website, including sale or purchases of Memberships are initiated though one or more smart contracts at the sole discretion and
at the complete risk of the Users. The smart contracts are configured to facilitate the execution of a sale or transfer an Membership. The User
acknowledges the risk of smart contracts and agrees to be bound by the outcome of any smart contract operation by invoking, calling, requesting, or
otherwise engaging with the smart contract, whether or not the smart contract behaves as per the User’s expectations. You acknowledge and agree
that there are risks associated with purchasing and holding Memberships and using blockchain technology. These including, but are not limited to,
risk of losing access to Membership due to loss of private key(s), custodial error or purchaser error, risk of mining or blockchain attacks, risk of
hacking and security weaknesses, risk of unfavorable regulatory intervention in one or more jurisdictions, risks related to token taxation, risk of
personal information disclosure, risk of uninsured losses, unanticipated risks, and volatility risks.
2.4 You understand that the Membership(s) will be purchased with Ethereum or a credit card and that NFZ has no control over gas fees collected by
Ethereum miners. You also understand that NFZ does not have the ability to reverse Ethereum transactions.
2.5 You are entirely responsible for the safety and management of your own private Ethereum wallets and validating all transactions and contracts
generated by this website before approval. Furthermore, as the smart contract runs on the Ethereum network, there is no ability to undo, reverse, or
restore any transactions.
3. OWNERSHIP & ROYALTY
3.1 Your ownership of any Purchased Membership issued by NFZ is governed by a smart contract on the Ethereum Network, which cannot be reversed
or modified in any way whatsoever.
3.2 Subject to your continued compliance with the terms of this License, NFZ grants you a worldwide, exclusive, transferable, license to use, copy,
and display the Art for your Purchased Memberships, subject to Royalties as detailed in clause 3.5 hereinbelow, solely for the following purposes: (i)
for your own personal use; (ii) commercial use subject to clause 3.3 herein below; (iii) as part of a marketplace that permits the purchase and sale of
your Purchased Memberships, provided that the marketplace cryptographically verifies each Membership owner’s rights to display the art for their
Purchased Memberships to ensure that only the actual owner can display the Art; or (iv) as part of a third party website or application that permits
the inclusion, involvement, or participation of your Memberships, provided that the website/application cryptographically verifies each Membership
owner’s rights to display the Art for their Purchased Memberships to ensure that only the actual owner can display the Art, and provided that the Art
is no longer visible once the owner of the purchased Membership leaves the website/application.
3.3 Subject to your continued compliance with the terms of this License, NFZ grants you a limited, worldwide, exclusive, transferable license to use,
copy, and display the Art for your Purchased Memberships for the purpose of commercializing your own merchandise that includes, contains, or
consists of the Art for your Purchased Memberships (“Commercial Use”). For the sake of clarity, nothing in this section will be deemed to restrict you
from (i) owning or operating a marketplace that permits the use and sale of Memberships generally, provided that the marketplace cryptographically
verifies each Membership owner’s rights to display the Art for their purchased Memberships to ensure that only the actual owner can display the Art;
(ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of Memberships generally,
provided that the third party website or application cryptographically verifies each Membership owner’s rights to display the Art for their Purchased
Memberships to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the purchased
Membership leaves the website/application.
3.4 The license granted applies only to the extent that you continue to own the applicable Purchased Membership. If at any time you sell, trade,
donate, give away, transfer, or otherwise dispose of your Purchased Membership for any reason, the license granted in this section will immediately
expire with respect to those Purchased Memberships without the requirement of notice, and you will have no further rights in or to the Art for those
3.5 In consideration for the rights granted to each User under this Agreement, NFZ shall be entitled to receive a Royalty of 5% of the value of each
4. DIVISION OF ROYALTIES
4.1 NFZ has the sole discretion to decide how to distribute the Royalty within the network of NFZ Membership owners or the community, which shall
be communicated to the Membership owners and community from time to time.
4.2 NFZ may in its sole discretion at any point of time in the future, in its sole discretion, decide not to levy any Royalty.
5. DISCLAIMER OF LIABILITY
You hereby release and forever discharge NFZ, its members, managers, subsidiaries, affiliates, licensors, partners in promotions or other business, or
any of such parties respective agents, employees, officers, directors, managers, members, vendors, third party licensors, corporate partners,
participants successors and assigns (collectively the “Company Parties'') from, and hereby waive and relinquish, each and every past, present and
future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries,
death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website (including any
interactions with, or act or omission of, other Users of the Website or any third party links, advertisements or other content). TO THE EXTENT
APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE
JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF Known BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR.” YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR own RISK. THE WEBSITE IS PROVIDED ON AN “AS IS”
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NFZ MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY, CURRENTNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT PROVIDED THROUGH THE WEBSITE OR THIRD-PARTY
CONTENT LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED
THEREIN. NFZ DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A
THIRD-PARTY THROUGH THE WEBSITE OR ANY HYPERLINK OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND NFZ WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS
OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WITHOUT LIMITING THE FOREGOING,
NEITHER NFZ NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE
WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR DO THEY MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS
OR CONTENT OF ANY CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE.
NEITHER NFZ NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER
NFZ NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE NFZ IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL
COMPONENTS. COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION
SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. YOU ACKNOWLEDGE AND AGREE
THAT NFZ IS ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES.
THEREFORE, YOU AGREE NOT TO HOLD COMPANY PARTIES LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY,
“LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNown OR UNKNown, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR
INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR
OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL
VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE
PROVIDED BY NFZ OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL ANY
COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN
CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY COMPANY PARTY IS LIABLE FOR DAMAGES, IN NO
EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S.
Certain transactions on the Website, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other
operations through the Website utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies,
consensus algorithms, and decentralized or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are
experimental, speculative, and inherently risky. Users acknowledge and agree that the Memberships may be subject to bugs, malfunctions, timing
errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain (i.e., “forks”), which can adversely affect the smart contracts
and may expose you to a risk of total loss, forfeiture of your digital currency or Memberships, or lost opportunities to buy or sell Memberships. We
assume no liability or responsibility for any such smart contract or related failures, risks, or uncertainties.
6. CONTACT INFORMATION
In case of any questions, queries, suggestions or complaints, please reach us at: firstname.lastname@example.org