LEGAL

  • Membership Terms

    Definition and Interpretation

    BUNs means Bid Units, virtual credits used on Loot NFT to bid at auctions and redeem for goods and or services.

    Burn, Burning, Burned means the process or result of sending an cryptographic token (such as an NFT) minted on a blockchain to an unspendable cryptographic address such that the token is retired from circulation (or unusable) on that blockchain.

    Creation means a digital or physical and digital work by a Creator, or a group of Creators, having the following characteristics. Each Creation must be:

    1. be unique, complete (with no further variations or additions) and produced as an original, one of one piece, by a Creator or number Creators;

    2. match and fall under a theme provided by Company to Partner;

    3. be part of a set (or collectibles series) containing a total of 5 Creations;

    4. be either in a digital only format, or a digital and physical format; and;

    5. fall within the following categories:

      • Artwork (e.g, paintings, sculptures, or other digital or digital and physical artwork);

      • Videos (e.g., celebrity messages, influencer clips, short films, and the like);

      • Historical Pieces (e.g., screen captures, architectural drawings, photos of unique moments);

      • Audio (e.g., music, podcasts, audio books, etc.);

      • Models (e.g., model airplanes, boats, buildings, etc.);

      • Mechanical Objects, unregistered for operations (e.g., unique designed one of one motor vehicles, crafts, etc.). While these include objects that may subsequently be registered for operation by its owner they are initially considered sculptures capable of mechanical outputs.

    Creator means the creator of Creations for the purposes of minting as NFTs for listing at auction on Loot NFT.

    Invitee means a person whose email address has been pre-registered by a Member.

    Loot NFT refers to the online software application for online auctions of unique items that is accessible at lootnft.io and any of its subdomains.

    Loot NFT Co LLC, “We”, “Us”, “Our” and the like refers to Loot NFT Co LLC of 30 N Gould St Set 21004, Sheridan, WY 82801, United States of America.

    Maximum Auction Number means the maximum amount of NFTs on auction as amended from time to time at Our Sole Discretion.

    Member’s Area refers to the specific section of Loot NFT accessible following log in (and not accessible publicly) and reserved to Members.

    Member means a person that has pre-registered an email address with Loot NFT and has completed the sign up process, which includes the purchase of BUNs.

    NFT refers to Non-Fungible Token, that is a unique cryptographic token containing meta-data linked to Creations by Creators, and issued on a blockchain. All NFTs on Loot NFT are issued on the LNFTxHABN blockchain and are transferrable at the request of its owner to any other blockchain, as We make available from time to time on Loot NFT.

    Off-Platform means the transfer of BUNs or NFTs from Our custody to a Member’s custody (that is, to a Member’s supplied cryptographic public address).

    Official Notices refers to notices that We publish from time to time on our social channels and marked as “Official Notices”, in Our formal documentation or as presented on Loot NFT.

    Oven means a time-locked wallet that receives BUNs from all Member activities on Loot NFT and redistributes them into the Loot NFT ecosystem as We direct at our sole discretion, and advised to Members from time to time on Loot NFT, in Official Notices or Our other documentation.

    Prescribed Fee means the number of BUNs that must be spent by Members to access the relevant functionalities of Loot NFT, as updated from time to time at Our sole discretion and communicate via Loot NFT, in Official Notices or Our other documentation. Prescribed fees include but is not limited to fees for the following:

    1. BUN purchases;
    2. Re-listing of NFTs for auction by Members;
    3. Whitelisting of email addresses or cryptographic public addresses by Members; and
    4. Bidding at auction, including an upfront fee to join an auction.

    Prescribed Amount means the number of BUNs and or NFTs (as the case may be):

    1. A Member must have in their accounts to log in to Loot NFT, or for their invitees to complete the sign up process to access the Member’s Area of Loot NFT;
    2. A Member is limited to have in their accounts at any time. For the purposes of this cap, BUNs sent Off-Platform and escrowed in auctions are included in the cap such that the cap equals the amount held in a Member’s account, plus BUNs sent Off-Platform in addition to amounts that are escrowed in auctions at that time.
    3. Any other amounts as communicated by Us via Loot NFT, in Official Notices or Our other documentation, such made at our sole discretion.

    Purchase Currency means USDC, a US dollar pegged cryptocurrency, or ADA, the Cardano Blockchain’s Native Cryptocurrency, or such other cryptocurrency with a reasonable convertibility to the US Dollar.

    Transfer Pre-Conditions means the prerequisites for Members to perform certain activities, including, but not limited to:

    1. for re-listing an NFT for auction that has for pre-requisites the successful completion of a Know-Your-Customer (KYC) background check, the whitelisting of their Purchase Currency public cryptographic address, and the execution of our re-listing contract.
    2. for obtaining commissions that has for pre-requisites the successful completion of a Know-Your-Customer (KYC) background check, the whitelisting of their Purchase Currency public cryptographic address, and the execution of our commissions contract.
    3. for transferring BUNs Off-Platform that has for pre-requisites the successful completion of a Know-Your-Customer (KYC) background check and the whitelisting of the relevant BUN destination cryptographic public address. Member’s may also be required to pay blockchain network fees for any transfers.
    4. for transferring NFTs Off-Platform that has for pre-requisites the successful completion of a Know-Your-Customer (KYC) background check and the whitelisting of the relevant destination cryptographic public address to receive the NFT. Member’s may also be required to pay blockchain network fees for any transfers.
    5. for any other payments by US that We may impose certain pre-requisites.

    1. Loot NFT
      1. Loot NFT is an entertainment platform where Members use BUNs to bid, in a pay-to-bid format, in time-limited auctions. BUNs are also used to consume for goods and or services.
      2. Members acknowledge that:
        1. We will not list BUNs on any secondary marketplaces;

        2. We will not support nor participate at any token indexing sites, such as GoinGecko or CoinMarketCap and that We will not trade BUNs at any exchange;

        3. While BUNs are cryptographic tokens issued on the Cardano blockchain (BUN) and LNFTxHABN (M-BUN) and can be secured in the custody of Members, their intended use is strictly for consumption as bidding credits in auctions for NFTs or to redeem for goods or services on Loot NFT;

        4. Loot NFT introduces game mechanics that are untested and should be treated as an experiment. Member’s behavioral responses could be different from what We expect. Our business is a start up and We may not be successful; in that event, We may advise of steps We intend to take to mitigate the situation as set out in Official Documents or Notices, which We may amend at our discretion from time to time; and

        5. The use of BUNs or NFTs are subject to these terms and are not, and should not be, treated as financial products or assets with an expectation of profit.

    2. Accessing Member’s Area
      1. Outside of the open membership period ending 30 June 2021, persons can only sign up by invitation only (i.e., through the process of a Member whitelisting another’s email address).

      2. Only persons with whitelisted email addresses can sign up to Loot NFT.

      3. Any Member can whitelist their Invitee’s email address by paying the Prescribed Fee. At the time of signing up, a referrer must have the Prescribed Amount, or more, in their account for their Invitee to complete the sign up process.

      4. Any Member logging in the Member’s Area must have the Prescribed Amount, or more, in their account or own at least 1 NFT, which excludes NFTs that have been resold or transferred Off-Platform. Failing this, Members will be prompted to purchase BUNs to log in.

      5. To sign up, Members must be at least 18 years of age, agree to these Terms and must not be a resident of the following countries: (i) North Korea, (ii) Cuba, (iii) Iran, (iv) Syria, (v) Iraq, (vi) Lebanon, (vii) Belarus, (viii) Burma, (ix) Eritrea, (x) Venezuela, (xi) Balkans, (xii) Central African Republic, (xiii) Liberia, (xiv) Somalia, (xv) Congo, (xvi) Yemen, and (xvii) Zimbabwe.

      6. Members may delete their account at any time. In that event, we will delete their personal data in accordance with Our privacy policy.

    3. Account Restrictions
      1. A Member’s account is capped at the Prescribed Amount. All BUNs sent or howsoever received to an account above that Prescribed Amount shall be forfeited to the Oven.

      2. Email address farming (the process of whitelisting unused email addresses for the purposes of commercial gain by selling access to memberships), incentivizing others to join Loot NFT or purchase BUNs whether or not through the promise of commercial gains, conducting team plays (the process of Member collusion to affect the outcome of an auction), or attacking, or attempting to attack, our software in any manner whatsoever is expressly prohibited and may result in termination of membership for breach of our terms. In that event:

        1. BUNs and or NFTs held in Our custody for the relevant Member shall be sent to the Oven;

        2. In the case of NFTs, they will be either:

          1. transferred to the Member’s nominated cryptocurrency address Off-Platform within 90 days of Our decision to terminate provided the Member has completed our Transfer Pre-Conditions or completes the same within seven (7) days of said decision, or

          2. Burned.

          In either case under Section 3 (b) (ii) [A] or [B], if an NFT is linked to a right of ownership to a physical item, that Member shall have 90 days from Our decision to terminate to arrange, at their cost, to take possession of the same or it may be forfeited or discarded, without recourse.

      3. On Loot NFT, Members agree to follow the rules We set in our Official Notices as amended from time to time or as guided by the interactions allowed by Our software. This includes, but is not limited to, the payment of BUNs for a seat at an auction, setting a reserve price for the resale of an NFT, setting a minimum amount of seats for an auction, performing Transfer Pre-Conditions prior to transfers BUNs and NFT Off-Platform, or getting paid commissions or proceeds of an auction, the use of bid bots, and the like.

    4. Transactions
      1. Out of BUNs
        1. Members acknowledge that, from time to time, We may not have BUNs to sell. In this event, no new members can sign up, members without the Prescribed Amount of BUN or that own at least 1 NFT cannot log in.

      2. Non-Fungible Tokens (NFTs)
        1. All NFTs we list for auction transfers a right of ownership and transferability of the NFT and any underlying Creations it embodies, digital and or digital and physical. All NFTs are finished and complete works from Creators and do not grant any inherent rights to any financial benefit.

        2. The Creator must certify that the Creation is theirs that they own, original and unique one of one works, it clear of all claims, liens, security interests, obligations and all other encumbrances of any kind whatsoever, and the Creation will not be duplicated nor reproduced for future commercial gain.

        3. NFTs may are categorised as set out on Loot NFT, Our documentation and Official Notices, which may be amended from time to time.

      3. Know-Your-Customer (KYC) and Whitelists
        1. Members transferring BUNs or NFTs Off-Platform to their custody, or re-listing an NFT they received from an auction on Loot NFT for sale, or getting paid proceeds from auctions, and sales commissions, or any other payments We make to a Member must at a minimum complete a KYC background check and register their public cryptographic addresses to which those transfers from Loot NFT are made.

        2. Members that re-list NFTs they received from an auction on Loot NFT for sale, and receiving the proceeds from such auction, must in addition to Section 4 (c) (i) digitally execute a consignment contract granting Us the authority to re-list their NFTs for sale. All sales are final and transfers ownership and all rights appurtenant thereto to the winner of the auction.

        3. Members receiving any commissions from Us must in addition to Section 4 (c) (i) digitally execute a contractor agreement. For US residents, this will include all the information required for us to issue them a 1099.

        4. Members that do not pass our KYC background check will have their accounts placed in suspense and may go through a manual audit process. We may request additional information from those Members to ascertain the reasons why they did not pass the check. We shall make all reasonable attempts to ascertain the veracity and compliance of Members identity and status under the relevant laws in the jurisdiction in which We operate. A Member that is unsuccessful after this process may appeal to Us within a period of 90 days from the notification of our manual KYC review process. If the matter is not resolved within 120 days of that notice, We may terminate that Member’s account, including purging the Member’s private information we hold in compliance with our Privacy Policy. Thereafter, any NFTs held in that Member’s account will be Burned, and all BUNs in that Member’s account may either be held in suspense or be sent to the Oven. We may contact the relevant authority about this matter and any physical items linked to NFTs held by that Member may be forfeited to said authorities.

      4. Rewards and Benefits
        1. Members acknowledge and agree that the rewards and benefits We grant for their participation are as set out on Loot NFT, our documentation and Official Notices. These are subject to changes from time to time as We advise in Official Notices.

      5. BUN and NFT Custody
        1. Unless specified otherwise in Official Notices, all members’ BUNs and NFTs are held in Our custody. A Member may instruct Us to transfer an NFT they own to be sent Off-Platform, following which that NFT is sent into the custody of that Member and burned on Loot NFT.

        2. Any NFTs sent Off-Platform cannot be reintroduced on Loot NFT.

        3. Members can send NFTs Off-Platform to their public cryptographic address on blockchains listed on Loot NFT. We will then mint a new NFT on the relevant blockchain together with meta data including the provenance information and past blockchain transaction history while that NFT was in our custody.

        4. If an NFT is linked to a right of ownership to a physical item, upon a member initiating a transfer of that NFT shall have 90 days from that time, at their cost, to take possession of the physical item, or it may be forfeited or discarded, without recourse.

    5. No Claims
      1. Members unconditionally agree not to make any claim or demand or otherwise seek indemnification, or commence any action assessing any claim or demand for any losses, grievances or an activity failing to achieve their desired expectations under Sections 3 (a) and (b), 4 and 11.

    6. Auctions
      1. Consignment Sales and Proceeds

        1. We calculate the proceeds from auctions pursuant to the following:

          1. BUNs. Members use BUNs to bid in time-limited auctions for Creations, in a pay-to-bid manner. Members bid one BUN at a time, which is consumed and spent whether or not they win the auction. Members cannot outbid themselves. If a bid is received in the last 15 seconds of an auction, the timer resets back to 15 seconds. The last Member to bid when the auction timer expires receives the Creation, and all rights appurtenants to the same.

          2. Auction BUN Value. The value received for each auction is the sum of all BUNs bid at that auction. This amount is displayed publicly in real-time during the auction, and at its conclusion.

          3. Internal Rate of Exchange. We calculate an exchange rate between BUNs and Purchase Currency as follows: The running total sales of BUNs We receive for the sale of BUNS in Purchase Currency divided by the total BUNs sold and free BUNs (such as rewards and bonuses) given to Members. The Internal Rate of Exchange is calculated on an hourly basis and at the end of each auction; this rate is displayed publicly.

        2. Proceeds Converted from BUNs. The total proceeds of an auction is the BUN Value [Section 6 (a) (i) [B] ] multiplied by the Internal Rate of Exchange [Section 6 (a) (i) [C] ] immediately following the conclusion of an auction.

        3. No Reserves; Indeterminate Duration. Members acknowledge and agree that there are no reserves for first-time listed Creations on auction, and the end time of an auction is not determinable and depends on bidding fervor. Members further acknowledge that BUNs used on Loot NFT are of a limited supply and is locked in auctions until they are made available back to Members at the conclusion thereof; it is possible, therefore, that with a small amount of tokens left on Loot NFT at the time of bidding that the auction does not achieve the desired commercial expectations of Members.

      2. Re-listed auctions. Members that have won an NFT at auction on Loot NFT can re-list that NFT for auction at any time, subject to compliance with these Terms, specifically Section 4, and the following conditions.

        1. All re-listed NFTs for auction must:

          1. have a reserve price and the number of Members required to participate; and

          2. meet its reserve price and number of Members within a maximum of 170 hours before it starts. However, the auction starts immediately once that condition has been met.

        2. the reserve price divided by the number of Members required to participate equals a joining fee that any member must pay to join the auction (“Joining Fee”). Joining Fee is escrowed and only committed to the auction once it starts. If that auction does not meet its reserve price within 170 hours, the auction is stopped and the Joining Fee returned to the relevant Members.

        3. Members re-listing an NFT for auction must certify that the NFT is clear of all claims, liens, security interests, obligations and all other encumbrances of any kind whatsoever, and shall fully indemnify, hold harmless and defend Us and the Member purchasing that NFT from them from and against all claims, demands, actions suits, damages, liabilities, losses, settlements, judgements, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to any act or omission for the provision of an NFT that is not transferred free from such encumbrances. Further, Members acknowledge and agree not to use the NFT they previously won for any commercial purposes whatsoever in the event the resell that NFT on Loot NFT.

        4. Members must pay the Prescribed Fee in BUNs prior to re-listing an NFT for auction on Loot NFT, unless they have a membership benefit waiving that Prescribed Fee.

      3. First-Listed NFT Paywall. Members are required to pay the Prescribed Amount to join any NFT that is listed for auction, for the first time. This Prescribed Amount increases at intervals over time up until it reaches the cap set out in Section 3 (a), at which time the auction is locked to new Members; this means that at that time no Member can join that auction, which carries on only with Members that have joined that auction prior to that time.

      4. Creators wanting to list their creations must do so via our official partners (“Partners”) listed on Loot NFT. We have an agreement with Partners to handle and represent the Creator solely for the purposes of listing creations on Loot NFT. We pay official Partners who then pay the Creator. All Creators contacting us directly will be directed to our official partners with whom we have NFT themes and sets.

      5. No royalties. Loot NFT is not an exchange involving securities and Partners (including the Creators they represent) do not get a royalty or any other payments resulting from re-listings of NFTs by Members for auction. We purchase or offer NFTs on consignment for auction in distinct separate transactions first between Partners and Ourselves (first-time listings), then between Members and Ourselves (re-listings).

      6. Delivery of Physical Creation. All Creations are delivered to Us by our Partners in digital format. A minimum of three digital files (representing three perspectives of the Creation) is provided and for physical creations, three 4k images showcasing the best portrayal of Creations are provided. Partners then have 90 days from listing the Creation for auction to deliver creations at our instructed facility within 90 days of the receipt of the digital files. Members may download the high resolution digital files for NFTs they won at any time.

      7. Physical creation not provided; damaged. We reserve the right to withhold the proceeds of auction for a Creation to Partner until We are in the possession of the physical creation represented by the digital file, where relevant.

        1. If We do not receive the physical creation at our facility within 90 days of listing the Creation for auction, and if the delay is caused by Partner’s action or negligence, We may remove the NFT’s designation as a physical creation (and amend it to a digital only creation), and compensate the Member that won the NFT by providing that Member 75% of the proceeds of Partner’s payments (which equals 30% of the proceeds in Purchase Currency).

        2. If the receipt of the physical creation is delayed through no fault of Partner (for example, a shipping matter, issue in transit, etc), We shall use best efforts to deal with the relevant parties so as to ensure proper receipt of the physical creation; if the matter is not resolved within 120 days thereafter, We shall provide the proceeds of the auction to Partner in full, and may remove its designation as a physical creation and compensate the Member that won the auction out of 50% of Our fees for that auction (which equals 30% o the proceeds in Purchase Currency).

        3. If the physical creation is lost, stolen damaged or sustains defects in transit such that its value is diminished, We may compensate the Member that wins that auction with up to 50% of the Our fees for that auction, on a case by case basis, depending on the nature of the perceived diminished value of the physical creation as reasonably assessed.

      8. The time at which an auction starts depend on the queue to the live auction section of Loot NFT. When the Maximum Auction Number reduces by a spot, the first auction in line go on auction immediately with an initial auction timer up to 12:00 UTC Sunday if the auction is live before 00:00 UTC on any Sunday, or 12:00 UTC the following Sunday if the auction goes live after 00:00 UTC on any Sunday, or as otherwise amended in Official Notices.

      9. Nothing prevents Us from agreeing with Member to buy an NFT directly in a commercial arms-length agreement, and such NFT shall be put immediately for auction on Loot NFT. We will not burn or otherwise deal with NFTs We have purchased in this manner other than listing them for auctions to be purchased by other Members.

      10. Members acknowledge and agrees that We are under no obligation to re-list NFTs for auction on Loot NFT at Our sole discretion.

      11. To bid at an auction, Members must first allocate a number of BUNs to be spent for that auction, which shall be escrowed from their accounts for that purpose. Bids they make will only be deducted from those escrow accounts and any balance left over from the bidding process returned to their accounts at the end of the relevant auction, or at any time as they direct.

    7. Purchases

      1. BUNs are sold in packs of 25 for the Prescribed Fee in the Purchase Currency. We may use third party service providers in this process. All sales are final and subject to these Terms.

    8. Decentralized Autonomous Organizations, Smart Contracts

      1. Members acknowledge that it is in Our plan to decentralize our software infrastructure through a series of smart contracts as part of our company’s and their founders’ reasons. This roadmap includes the extraction of BUNs on the Cardano Blockchain and or the permissioned blockchain, LNFTxHABN, to be secured by the relevant Member, decentralizing the payments process for BUNs, the Oven, and multiple components that form Loot NFT. The implementation of our path to decentralization is a forward looking statement subject to change and may therefore be subject to amendments, guidance and directions as set out in Official Notices.

    9. No Claims; Termination

      1. Nothing in these Terms shall be construed as granting any rights under any of Loot NFT’s intellectual property, such as any patent, copyright or other intellectual property rights in or to Our confidential information, except as agreed by Us at our sole discretion..

      2. We may terminate Membership:

        1. for breach of these Terms by a Member provided that the Member is allowed to cure such breach within 30 days of Our notifying that Member. Failing this, We may terminate that Member’s account, including purging the Member’s private information we hold in compliance with our Privacy Policy. Thereafter, any NFTs held in that Member’s account will be Burned, and all BUNs in that Member’s account may either be held in suspense or be sent to the Oven

        2. at any time at our sole discretion provided that We refund the Member in Purchase Currency for the number of BUNs that member holds on Loot NFT, less any bonus or rewards BUNs received from they time the joined Loot NFT. That Member shall have 90 days to transfer any NFTs in their account and pick up, at their cost, any physical items linked to the same. Our standard prerequisites for transfers Off-Platform and payments in USDC as set out in Section 4 (c) applies.

      3. Your membership to Loot NFT is not assignable.

    10. Notices

      1. All correspondence by Members to Us must be through:

        1. the online channels We provide, including our social media pages, the contact forms on Our Website, or such other means as We advise or as set out in Official Notices;

        2. by mail to: Loot NFT Co LLC, Att: Membership Officer, 30 N Gould St, Suite R, Sheridan, WY 82801, USA.

        3. By email: info@lootnft.io.

    11. Governing Law; Severability

      1. These Terms are governed by and construed and enforced in accordance with the laws of the State of Wyoming, without regard to its conflict of laws doctrine. Members agree that any action to enforce these Terms shall be brought in an appropriate state or federal court in Wyoming and that they waive all objections based upon lack of jurisdiction or improper or inconvenient venue of any such court.

      2. Members agree that if a court of competent jurisdiction determines that the scope of any provision of these Terms are too broad to be enforced as written, the court should reform such provisions to such narrower scope as it determines to be enforceable. Members further agree that if any provision of these Terms are determined to be unenforceable for any reason, and such provision cannot be reformed by the court as anticipated above, such provision shall be deemed separate and severable and the unenforceability of any such provisions shall not invalidate or render unenforceable any of the remaining provisions hereof.

    12. Adverse Impacts of Platform

      1. Member acknowledges and agrees that no software system is 100% secure. If:

        1. Hack of our USDC accounts. In this event, our Internal Rate of Exchange will go down and NFTs on auction may be less than expected temporarily as sales of BUNs re-establishes the proper value of our Internal rate of Exchange.

        2. Hack of BUNs. In this event, as BUNs recirculate back to us they will be reintroduced within the ecosystem.

        3. Hack of BUNs in the Oven. We will do all things reasonable and possible to patch and or migrate BUNs to a new Oven but in the meantime, temporarily, this can lead to interactions grinding to a halt.

        4. Hack of NFTs. In this event NFTs shall be reissued to You with provenance and past-transactions listed.

        5. Hack of Personal Information. We will immediately do all things reasonable and possible to isolate and resolve the matter and shall communicate actions we take to You.

        In all of the above, we shall contact the relevant authorities.

    13. Incorporation of Other Terms

      1. These Terms incorporate our Terms of Use (or Service), Privacy Policy and GDPR Policies and any other such terms as We provide from time to time through our official channels or as set out in Official Notices. In the event of conflict, these Terms shall prevail.

  • Standard Agreement For Re-listing, Payments and Commissions

    Note: Members that (i) want to re-list NFTs they have won on Loot NFT, (ii) get paid their share of the proceeds from auctions for NFTs they have sold on Loot NFT, or (iii) We have agreed to pay sales commissions to, must agree to the contractual terms listed herein. There agreements are recorded electronically on Loot NFT.

    This AGREEMENT (this “Agreement”), dated as of ________________ (the “Effective Date”), is made and entered into by and between Loot NFT Co LLC, a Wyoming Limited Liability Company (“Company”, “We”), and _____________________________ (“Member”, “You”).

    Recitals

    WHEREAS, Loot NFT is an auction platform where its members bid to win non-fungible tokens (NFTs) using bid units (BUNs);

    WHEREAS, Member wants to sell NFTs obtained on Loot NFT for auction on Loot NFT, or to receive payment for sales commissions from Company;

    WHEREAS, Member and Company have agreed to enter into an agreement as a precondition to such actions setting out the terms and condition of thereof.

    Operative Provisions

    NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants and agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

    1. Loot NFT Terms

      1. Our Membership Terms (“Terms”) apply as if set out in full here, including the definition and interpretations contained therein, and shall have precedence in the event of conflict between this Agreement and Terms.

    2. Re-Listing NFTs

      1. You agree that by pressing on the relevant buttons of Loot NFT to re-list an NFT gives Us the unconditional authority to act on your behalf to list that NFT for auction and that this action is not reversible. This Agreement applies as a master agreement to all NFTs You Re-list

      2. Within 48 hours of the auction, We shall pay You 60% of the proceeds of the auction, calculated as follows: Sixty (60) percent of the amount of BUNs collected multiplied the Internal Rate of Exchange, provided in Purchase Currency. All sales are final and transfers ownership of the NFT, including any physical creation linked to it, free from any encumbrances to the winner of the auction.

      3. Outright Sales. We may from time to time agree with You to purchase NFTs directly from You provided we both agree to such outright sales transaction. In this event, We shall settle the amount included in the Bill of Sale set out in Section 4 for each and every NFT so purchased.

    3. Re-listing Additional Terms

      1. Transfers. NFTs You sell shall be transferred along with all associated meta-data, certificate of authority, consignment authorizations, to the winner of the auction. This action is final. Upon request by a winner at auction of an NFT you list, You give us the permission to provide to them Your agreement to Sections (b) and (c) below for proof of title purposes.

      2. Terms of Bill of Sale. For outright purchases, Seller must provide the following.

        Reference:

        To:





        Loot NFT Co LLC (“Purchaser”)
        30 N Gould St Ste 21004
        Sheridan, WY 82801
        United States of America
        Service by email to lance@lootnft.io; info@lootnft.io
        Date:
        Seller’s Name:

        Seller’s Username:

        ITEM

        Creator’s Name (“Seller”):
        Creation Title:
        Reference:
        Themed Set Title:
        Type: [Digital Only] or {Digital and Physical]

        PURCHASE AMOUNT

        Price: [Purchase Currency]

        1. This notice is provided pursuant to Loot NFT’s Terms and the Agreement entitled (“Agreement Between You and Us”). For the consideration of the Purchase Amount provided to Seller by Purchaser at the time of receipt of the creation along with the Creator’s Certificate of Authenticity, Seller agrees to sell the creation herein listed.

        2. Upon the payment of the Purchase Amount, the creation herein listed, together with the Creator’s Certificate of Authenticity describing the same, is conveyed and transferred to Purchaser free and clear of all claims, liens, security interests, obligations and all other encumbrances of any kind or nature whatsoever.

          ..............................

          Seller Name and Signature

        3. Acknowledgement for Consignment Sale.

          I understand and agree that all sales are final and transfers the ownership and all rights to my NFT to another. I certify that the creation conveyed and transferred at the auction is free and clear of all claims, liens, security interests, obligations and all other encumbrances of any kind or nature whatsoever.

          ..............................

          Seller Name and Signature

    4. Commissions

      1. We may provide You monthly commissions for work you do for Us at our sole discretion, and as we direct from time to time on Loot NFT, the Terms, or otherwise via Official Notices.

      2. You acknowledge that for the purposes of Section 11 (a) (i) of the Terms, which is out of Our control, the month in which Commissions are payable may be affected and that, depending on the nature of the matter, We may not be in a position to pay You for that month.

      3. Notwithstanding Section 4(b), We will, however, do all things reasonable to pay You a percentage of such Commissions for that month to the extent that it does not prevent our enterprise to continue as a going concern. You agree that You shall not make any claim or demand or otherwise seek indemnification, or commence any action assessing any claim or demand for any losses, grievances or an activity failing to achieve their desired expectations under this Section.

    5. General Clauses

      1. Payments Upon Termination. We shall pay you any outstanding proceeds from auction attributed to NFTs You sold on Loot NFT, or commissions for sales We owe You within 48 hours of Termination..

      2. Assignability. This Agreement and Your rights, duties and obligations are not assignable.

      3. You agree to comply with Our policies, as amended from time to time.

      4. Termination. This Agreement will be terminated at the time You cease to be a Member of Loot NFT. If your membership account is suspended, this Agreement shall also be put in suspense until either Your membership is reinstated or Terminated.

      5. Entire Agreement. Subject to the Terms, this Agreement, including the recitals and any Schedules, which are incorporated herein by this reference, constitutes the entire agreement of the parties relating to the subject matter of this Agreement, and supersedes any prior agreements or understandings, written or oral, between the parties with respect to the subject matter of this Agreement. The previous sentence notwithstanding, You expressly acknowledge that You may be subject to additional policies and agreements instituted for the purpose of protecting Our confidential information and/or intellectual property, and as such, You expressly acknowledge that all such policies and agreements shall be used together with this Agreement to protect such interests to the fullest extent allowed by law. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all of the parties to this Agreement. The failure of any party at any time or times to require performance of any provision of this Agreement shall in no manner affect the right of such party at a later time to enforce the same. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. You acknowledge that You have had adequate opportunity to consider and secure legal advice relative to this Agreement.

      6. Representations. You hereby represent and warrant that: (i) the execution, delivery and performance of this Agreement by You do not and shall not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which You are a party or by which You are bound; and (ii) upon the execution and delivery of this Agreement by Us, this Agreement shall be the valid and binding obligation to both parties, enforceable in accordance with its terms. YOU HEREBY ACKNOWLEDGES AND REPRESENTS THAT YOU HAVE CONSULTED WITH INDEPENDENT LEGAL COUNSEL REGARDING YOUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT, TO THE EXTENT DETERMINED NECESSARY OR APPROPRIATE BY YOU, AND THAT YOU FULLY UNDERSTAND THE TERMS AND CONDITIONS CONTAINED THEREIN.

      7. Execution. By pressing the relevant buttons on Loot NFT this Agreement shall be deemed to have been executed by both parties, and a copy of which will be provided to You for your records. So long as You remain a Member, this Agreement shall apply to NFTs you re-list and commissions You receive from us.

      8. Variations. We may vary the terms of this Agreement at our sole discretion, except that the new terms shall apply to future NFTs you re-list for auction or commissions you receive except that the percentage commissions may not be varied without mutual agreements between the parties.

  • Website Terms of Use

    These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Loot NFT Co LLC (“Company”, “we”, “us”, or “our”) ”), concerning your access to and use of the https://www.lootnft.io website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

    Supplemental terms and conditions, including Our membership Terms and Standard Agreement for Re-listing, Payments and Commissions, or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

    The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

    The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

    The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

    1. Intellectual Property Rights

      Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

    2. User Representations

      By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

      If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

    3. User Registration

      You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

    4. Prohibited Activities

      You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

    5. As a user of the Site, you agree not to:

      1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

      2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

      3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

      4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

      5. Use any information obtained from the Site in order to harass, abuse, or harm another person.

      6. Make improper use of our support services or submit false reports of abuse or misconduct.

      7. Use the Site in a manner inconsistent with any applicable laws or regulations.

      8. Use the Site to advertise or offer to sell goods and services.

      9. Engage in unauthorized framing of or linking to the Site.

      10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

      11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

      12. Delete the copyright or other proprietary rights notice from any Content.

      13. Attempt to impersonate another user or person or use the username of another user.

      14. Sell or otherwise transfer your profile.

      15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

      16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

      17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

      18. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

      19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

      20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

      21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

      22. Use a buying agent or purchasing agent to make purchases on the Site.

      23. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

      24. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

    6. User Generated Contributions

      The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

      1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

      2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

      3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

      4. Your Contributions are not false, inaccurate, or misleading.

      5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

      6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

      7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

      8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

      9. Your Contributions do not violate any applicable law, regulation, or rule.

      10. Your Contributions do not violate the privacy or publicity rights of any third party.

      11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

      12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

      13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

      14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

      Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

    7. Contribution License

      You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

      By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

      We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

    8. Submissions

      You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

    9. Site Management

      We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

    10. Privacy Policy

      We care about data privacy and security. Please review our Privacy Policy:  http://www.lootnft.io/terms . By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

    11. Term and Termination

      These Terms of Use shall remain in full force and effect while you use the Site and are Subject to Our Membership Terms. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

      If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

    12. Modifications

      We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

      We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

    13. Governing Law

      These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Wyoming applicable to agreements made and to be entirely performed within the State of Wyoming, without regard to its conflict of law principles.

    14. Dispute Resolution

      Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Wyoming, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than three (3) years after the cause of action arose.

    15. Corrections

      There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

    16. Disclaimer

      THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 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.

    17. Limitation of Liability

      IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

    18. Indemnification

      You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

    19. User Data

      We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

    20. Electronic Communication, Transactions

      Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

    21. California Users and Residents

      If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

      1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

    22. Miscellaneous

      These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

    23. Contact Us

      Loot NFT Co LLC
      30 N Gould St Ste 21004
      Sheridan, WY 82801
      United States
      Phone: (307) 200-8860
      info@lootnft.io
  • Privacy Policy
    Last updated 1 June 2021

    Thank you for choosing to be part of our community at Loot NFT Co LLC ("Company", "we", "us", "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at privacy@lootnft.io.

    When you and more generally, use any of our services (the "Services", which include the ), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately

    This privacy notice applies to all information collected through our Services (which, as described above, includes our ), as well as, any related services, sales, marketing or events.

    Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.

    1. Information We Collect

      1. Personal information you disclose to us

        We collect personal information that you voluntarily provide to us when you register on Loot NFT or express an interest in obtaining information about us or our products and Services, when you participate in activities we provide or otherwise when you contact us.

      2. The personal information that we collect depends on the context of your interactions with us and the, the choices you make and the products and features you use. The personal information we collect may include the following. It is important to understand how we define data under two distinct categories: Customer Data and Other Information.

        “Customer Data” means Your personal information as follows. Your:

        • Username;
        • Name;
        • Email;
        • Address and country of residence;
        • Telephone;
        • Invitees Email Addresses;
        • Whitelisted public cryptographic addresses, and their appurtenant blockchains;
        • Agreements You execute on Lootnft.io ;
        • Social Security Number (if in the US);
        • Password to Lootnft.io;
        • BUN purchases and USDC payment history and statistics;
        • BUN account, including amounts held in auctions and off-platform;
        • Activity at auctions, including amounts you bid, and Your NFTs on auction;
        • Badges and status levels achieved;
        • NFT Transactions, including NFTs won at auction, resold, and taken off-platform;
        • Chosen public cryptographic address for payments and NFT transfers;
        • Rewards obtained;
        • Messages you send us through our contact form; and
        • Your email preferences.

        “Other Information” refers to data We collect, generate and or receive from Your usage of our services, including related or other supplementary data. We use Other Information in furtherance of our legitimate interests in operating our business. We are the controller of Other Information, which are:

        • BUN public addresses on the Cardano blockchain and the LNFTxHABN blockchain;
        • Two Factor Authentication, and email one-time-password;
        • Contract generation and its content;
        • Time-locked wallet information, including the Oven and auction lockup wallets;
        • Buy, deposit and send actions in relation BUNs;
        • Benefits granted through status levels achieved and badges;
        • Blockchain transactions publicly available linked to Your pubic cryptographic addresses;
        • NFT transactions in the Loot Vault, Upcoming and Watchlists sections;
        • NFT associated files and information;
        • The number of members interested in an NFT You own;
        • The public manifest of NFTs we hold in custody, including their owners’ usernames;
        • The amount of BUNs We hold, in the Oven, BUNs at auctions, NFTs in Our custody, and an internal exchange rate for BUNs that is displayed publicly;
        • A contact form and the information received therefrom;
        • Queuing information of NFTs from the upcoming section to the Arena;
        • Price in BUNS and other currency for which an NFT is sold and the owner’s username, and the date on which it was passed at auction;
        • Amount we send You for a resold NFT;
        • The fee to join an auction, real-time amount received at auction, the auction timer, whether an NFT is re-listed and or embodies a right to a physical creation, the NFT creator’s name and country, NFT set name, the creator’s supplied link, blockchain provenance information and NFT certificate of authority information and directions to list;
        • Whether an NFT is taken off-platform and the destination blockchain of that NFT;
        • Other information included in functionalities such as reset password, account deletion, login, forgot password, agreement to terms, 404 page, and other non-dynamic pages; and
        • The various messages guiding, or as a result of, a member’s actions, such as pop ups and email with hyperlink buttons, and favoriting (watchlist) features.
      3. All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

      4. We will never sell Customer Data. We will never use your Customer Data to initiate any promotional communication to You that You have not yourself initiated.

      5. We may, however, use Customer Data in aggregation to inform ourselves of the performance of our software and to guide or refine our processes to make our user experience better.

    2. Information automatically collected

      Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our .

      We automatically collect certain information when you visit, use or navigate the . This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our and other technical information. This information is primarily needed to maintain the security and operation of our, and for our internal analytics and reporting purposes.

      Like many businesses, we also collect information through cookies and similar technologies.

    3. Information Sharing

      We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

      We may process or share your data that we hold based on the following legal basis. We may need to process your data or share your personal information in the following situations:

      • Compulsion of Law.

      • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

      • Other Users. When you share personal information or otherwise interact with public areas of the site, such personal information may be viewed by all users and may be publicly made available outside the in perpetuity.

    4. Cookies and Tracking

      We may use cookies and other tracking technologies to collect and store your information.

      We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

    5. Information Transfers

      We may transfer, store, and process your information in countries other than your own.

      Our servers are located in the United States. If you are accessing our site from outside, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information, in the United States and other countries.

      If you are a resident in the European Economic Area (EEA) or United Kingdom (UK), then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law.

    6. Retention of Data

      We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

      We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than 7 years.

      When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

    7. Information From Minors

      We do not knowingly collect data from or market to children under 18 years of age. Loot NFT membership is strictly for those of 18 years of age and above.

      We do not knowingly solicit data from or market to children under 18 years of age. By using Loot NFT, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the . If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at privacy@lootnft.io.

    8. What are your privacy rights?

      You may review, change, or terminate your account at any time.

      If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

      If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html

      1. If you would at any time like to review or change the information in your account or terminate your account, you can:

        Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.). We may also retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

      2. Deleting Your account will purge all of Your data from our system, except that:

        1. Your invitees email address will remain in our database, although any references to You having invited them will be removed and permanently purged from our system;

        2. Any public cryptographic addresses which were used to transfer BUNs, NFTs, or other payments to You will stay in our records, and remain as a transaction on the LNFTxHABN and or the Cardano blockchain, together with the relevant identity records for such transactions as required for us to comply with the relevant laws in the jurisdictions in which we operate;

        3. Agreements We sign with You as We are a counterpart to such agreements;

        4. Any BUN purchase records which we are required to keep for compliance purposes under the relevant laws in the jurisdictions in which we operate;

        5. If You won an NFT at auction, then Your username and the NFT transactions You engaged in (including, whether it was transferred off-platform, resold, the amount obtained in the sale and the date of the transaction thereof) for chain of title purposes; and

        6. Messages you initiated to us through our contact form.

      3. If You delete Your account, Your BUN holdings will be directed to the Oven and any NFT you own will be re-listed for auction immediately and you will forfeit any benefits thereunder and those benefits granted to all other members of lootnft.io. This action is irreversible.

      4. Opting out of email marketing. We do not send unsolicited emails and all emails we send to you are actions initiated from your preferences and as part of our security process (such as one-time-password for login into our site). If we do change this policy, you will be able to unsubscribe from our email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list.

    9. Controls for Do-Not-Track Features

      Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

    10. Do California residents have specific privacy rights?

      Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

      California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

    11. Yes, we will update this notice as necessary to stay compliant with relevant laws.

      We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible.

      If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

    12. Contacting Us

      If you have questions about this notice, you may email us at privacy@lootnft.io or by post to:

      Att: The Privacy Officer
      Loot NFT Co LLC (“Purchaser”)
      30 N Gould St Ste 21004
      Sheridan, WY 82801
      United States of America

    13. How can you review, update, or delete the data we collect from you?

      Subject to certain limitations and based on the applicable laws in your country, You may have the right to request to know more details about the categories or specific pieces of personal information we collect. To request to review, update, or delete your personal information, contact us at privacy@lootnft.io or submit a request form at www.lootnft.io/contact_us.

    14. GDPR Policy Supplement

      Our Commitment To You and The Protection of Your Data

      We take the security and privacy of your data seriously. We are committed to comply with the General Data Protection Regulation (“GDRP”). The GDRP is a comprehensive European Union data privacy law that went into effect on 25 May, 2018.

      1. Measures Loot NFT Co LLC (“We”) include:

        1. Investments in our security infrastructure; and

        2. Offering data portability and data management tools.

        We monitor the guidance around GDPR compliance from privacy-related regulatory bodies, and update our product features and contractual commitments accordingly. We will provide you with regular updates so that you are always current

      2. Verification Process

        We take all reasonable precautions to verify your identity. You must control the email address that you use to access lootnft.io, know your password, and you must enter an email one-time-password to log in. We also provide an option for third factor authentication with Google Authenticator, which we strongly recommend that You use. You get access to a Forget Password page in order to recover their credentials.

        If You are a member that cannot get access to Your account, We have other means of identifying You which include but is not limited to proving the ownership of the Cryptocurrency public address from which We received payment, and Know-Your-Customer information (KYC) We obtained if you completed that step. We will first verify Your identity based on the nature of Your request and some instances we must verify Your identity to a high degree of certainty. To begin the verification process contact us at privacy@lootnft.io.

      3. Decentralized Autonomous Organization

        Our roadmap is to decentralize the modules of our infrastructure. In this case, we will not hold any of Your personal information and You may not get access to Your account if You lose Your credentials to interact with the blockchains on which our product is offered. When we decide to undergo this transition, We will advise You of the relevant information You should know and maintain for continued interactions with our decentralized product.

      4. Our Commitment To You

        Our members expect their sensitive information and customer data to be secure and confidential. Safeguarding this data is a critical responsibility that we have to our customers, and we work hard to maintain that trust.

    15. Cookies

      We operate our business with radical transparency, especially how we collect and use data.

      1. What is a cookie?

        Cookies are simple text files that are stored on your computer or mobile device by a website’s server. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier, website’s domain name, and some digits and numbers.

      2. What types of cookies do we use?

        We use the following types of cookies:

        1. Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account.

        2. Functionality cookies let us operate the site in accordance with the choices you make. For example, we will recognize your username and remember how you customized the site during future visits.

        3. Analytical cookies enable us and third-party services to collect aggregated data for statistical purposes on how our visitors use the website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the website.

      3. How to delete cookies?

        If you want to restrict or block the cookies that are set by our website, you can do so through your browser setting. Alternatively, you can visit www.internetcookies.org, which contains comprehensive information on how to do this on a wide variety of browsers and devices. You will find general information about cookies and details on how to delete cookies from your device.

        Contact us at privacy@lootnft.io If you have any questions about our use of cookies.