Terms of Service

Introduction
Welcome to nFLARE (“company”, “we”, “our”, “us” – as written in either upper case or lower case letters)
nFLARE (“nflare.io”) is an NFT marketplace (“platform” – as written in either upper case or lower case letters) and its interface is maintained by a decentralized team of developers. It facilitates interaction using the FLARE utility token (“token” – as written in either upper case or lower case letters) via an NFT ecosystem deployed on the Ethereum blockchain.
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website and interaction with our utility token that will be published on nflare.io (together or individually “Service”, “services”, “service”)
The Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service. These Terms apply to all visitors, users, and others who wish to access or use our Service.
Assumption of Risk

You accept and acknowledge:

  • The prices of blockchain assets, including but not limited to NFTs or any tokens and coins, are extremely volatile and we cannot guarantee purchasers will not lose money. Assets available to trade on nFLARE should not be viewed as investments: their prices are determined by the market and fluctuate considerably. You are solely responsible for determining any taxes that apply to your transactions. our services are non-custodial, such that we do not at any time have custody of the NFTs owned by our users. We do not store, send, or receive Digital Assets, as they respectively exist on the blockchain. As such, and due to the decentralized nature of the services provided, you are fully responsible for protecting your wallets and assets from any and all potential risks. Our software indexes NFTs on the Ethereum blockchain as they are created, and we are not responsible for any assets that users may mistakenly or willingly access or purchase through the software. You accept responsibility for any risks associated with purchasing such user-generated content, including (but not limited to) the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on faulty smart contracts, and assets that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collection
  • A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs
  • The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs or other crypto tokens, including tokens and coins
  • We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and we have no ability to reverse any transactions on the blockchain
  • There are risks associated with using the Internet and blockchain-based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Service or any Blockchain network, however caused
  • The service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors lose market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer
  • we reserve the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on the platform. Under no circumstances shall the inability to view items on the platform or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against us
  • If you have a dispute with one or more users, you release us from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. in entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include those claims that you may know or suspect to exist in your favor at the time of agreeing to this release
  • The information appearing in this publication introduces possible future planned developments of the platform and service and is intended for informational purposes only. This is not a statement of future intent. Unless expressly specified otherwise, the service presented hereby, the platform, and any of its derivatives, are under development or planning. The actual implementation may differ from the characterizations detailed in this document. We make no warranties as to the successful development or the services or achievement of any other activities presented on the platform or any associated material published in writing or another medium.
Disclaimers
We do not represent or warrant that access to the front-end interface will be continuous, uninterrupted, timely, or secure; that the information contained in the interface will be accurate, reliable, complete, or current; or that the interface will be free from errors, defects, viruses, or other harmful elements.
Proprietary Rights
The intellectual property generated by core contributors to the service is the property of the Company. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
We own the intellectual property generated as described above for the use of the platform, including, but not limited to, software, text, designs, images, and copyrights. Unless otherwise stated, we reserve exclusive rights to this intellectual property.
Third-Party Content and Services
The service helps users (you) explore NFTs created by third parties and interact with different blockchains. We do not make any representations or warranties about this third-party content visible through our Service, including any content associated with NFTs displayed on the Service, and you bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers. We also cannot guarantee that any NFTs visible on the platform will always remain visible and/or available to be bought, sold, or transferred.
Eligibility
To access or use the front-end interface, you represent that you are at least the age of majority in your jurisdiction. You further represent that your access and use of the front-end interface will fully comply with all applicable laws and regulations and that you will not access or use the front-end interface to conduct, promote, or otherwise facilitate any illegal activity. Furthermore, you represent that neither you nor any entity you represent is included in any trade embargoes or sanctions list (“Subject to Restrictions”), nor resident, citizen, national or agent of, or an entity organized, incorporated, or doing business in such territories (“Restricted Territories”). You are not eligible to participate in the public token issuance and you are not to purchase any token related to the service in public or private sale if you are a citizen, resident (tax or otherwise), or green card holder of the United States of America or a citizen or resident of the Peoples Republic of China, North Korea, Canada, China ( including Hong Kong ), Afghanistan, Bangladesh, Iran, The Bahamas, Barbados, Botswana, Cambodia, Ghana, Iraq, Jamaica, Mauritius, Mongolia, Burma, Nicaragua, Pakistan, Panama, Syria, Trinidad and Tobago, Uganda, Vanuatu, Yemen, Zimbabwe, Estonia, Bolivia, Columbia, Maroco, or a citizen of any country or jurisdiction in which it is forbidden by governing law to engage with cryptocurrencies.
Prohibited Uses

You may use the Service only for lawful purposes and in accordance with the Terms. You agree not to engage in any of the following categories of prohibited acts in relation to your access and use of the front-end interface:

  • Intellectual property infringement, such as violations to copyright, trademark, service mark, or patent
  • Interaction with assets, listings, smart contracts, and collections that include metadata that may be deemed harmful or illegal, including (but not limited to): metadata that promotes suicide or self-harm, incites hate or violence against others, degrades or doxxes another individual, depicts minors in sexually suggestive situations, or raises funds for terrorist organizations
  • Transacting in any Restricted Territory or interacting with any blockchain addresses controlled indirectly or directly by persons or entities subject to Restrictions, that is, included in any trade embargoes or sanctions list
  • Violating any applicable national or international law or regulation
  • Exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise
  • Transmitting, or procuring the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation
  • Impersonating or attempting to impersonate Company, a Company employee, another user, or any other person or entity
  • Infringing upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity
  • Engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability
Additionally, you agree not to:
  • Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service
  • Use any robot, bot, spider, or other automatic crawling devices, process, or other means to access Service for any purpose, including monitoring or copying any of the material on Service
  • Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent
  • Use any device, software, or routine that interferes with the proper working of Service
  • 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 Service, the server on which Service is stored, or any server, computer, or database connected to Service
  • Attack Service via a denial-of-service attack or a distributed denial-of-service attack
  • Take any action that may damage or falsify the Company rating publically
  • Otherwise attempt to interfere with the proper working of the service
Privacy
When you use the front-end interface, the only information we collect from you is your blockchain wallet address, completed transaction hashes, and token identifiers. We do not collect any personal information from you. We do, however, use third-party services like Google Analytics, which may receive your publicly available personal information. We do not take responsibility for any information you make public on the Ethereum blockchain by taking actions through the front-end interface.
Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing via email (see 17 U.S.C 512(c)(3) for further detail):

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. Identification of the URL or other specific location on Service where the material that you claim is infringing is located;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
You can contact us for submitting the above at admin@nflare.io
No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using our service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
Intellectual Property
The service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of the company and its permitted licensors. The service is protected by copyright, trademark, and other relevant laws of foreign countries. Our trademarks may not be used in connection with any product or service without prior written consent.
Copyright Policy
It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim to admin@nflare.io
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
Error Reporting and Feedback
You may provide us on hello@nflare.io or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our service (“Feedback”).
You acknowledge and agree that:
  1. You shall not retain, acquire or assert any intellectual property right or other rights, title, or interest in or to the Feedback
  2. The company may have developed or developing ideas similar to the Feedback
  3. Feedback does not contain confidential information or proprietary information from you or any third party
  4. The company is not under any obligation of confidentiality with respect to the Feedback
In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) your Feedback in any manner and for any purpose
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by us. We hold no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party web sites or services. we strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.
Limitation of Liability
The company, we, us, the platform, or service is in no way liable for any damages of any form resulting from your access or use of our software or participation in its public token and or token sales. This limitation of liability is extending and including (but not limited to) any loss of profit, digital assets, or intangible property, and assumes no liability or responsibility for any errors, omissions, mistakes, or inaccuracies in the content provided on our-controlled software or media; unauthorized access or use of any server or database controlled by us; bugs, viruses, etc. in the software; suspension of service; or any conduct of any third party whatsoever. Furthermore, any hyperlink or reference to a third-party website, product, or person that is shared or published in any software or other channel by us is for your convenience only and does not constitute an endorsement. We accept no legal responsibility for any content or information of such third-party sites.
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if the company has been previously advised of the possibility of such damage.
Except as prohibited by law, if there is liability found on the part of the company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.
Disclaimer Of Warranty
The service and or services provided by us, the company is on an “as is” and “as available” basis. The company makes no representations or warranties of any kind, express or implied, as to the operation of our services, or the information, content, or materials included therein. You expressly agree that your use of these services, the company’s content, and any services or items obtained from us is at your sole risk.
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 services. without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services 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 any particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using Service. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with all applicable laws, which governing law applies to the agreement without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our service and supersede and replace any prior agreements we might have had between us regarding the service.
Changes To Service
We reserve the right to withdraw or amend our service and any service or material we provide via the service, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the service, or the entire service, to users, including registered users.
Amendments To Terms
We reserve the right, in our sole discretion, to modify this Agreement. All modifications become effective when they are posted and will be notified by updating the date at the top of the Agreement.
It is your responsibility to review these Terms periodically.
Your continued use of the platform following the posting of revised Terms 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. By continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
Waiver And Severability
No waiver by the company of any term or condition set forth in Terms 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 the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms 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 Terms will continue in full force and effect.
Acknowledgment
By using our service, platform, or other services provided by us, you acknowledge that you have read these Terms and terms of service and agree to be bound by them.
Contact Us
Please send your feedback, comments, requests for support to hello@nflare.io