LEGAL

  • Membership Terms
  • Standard Agreement For Re-listing, Payments and Commissions
  • Website Terms of Use
  • Privacy Policy
  • Terms

    Definition and Interpretation

    BUN means Bid Units, virtual credits used on Loot Arena to bid at auctions.

    Burn, Burning, Burned mean the process or result of sending an cryptographic token minted on a blockchain to an unspendable cryptographic address such that the token is retired from circulation 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, audiobooks, 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.

    Credit means an in-World purchased with Purchase Currency and used to buy BUN, LTT or pay for specific services (such as shipping, blockchain gas fees and the like).

    Creator means the creator of Creations for the purposes of minting as NFTs for listing at auction on Loot Arena. All Creators must be represented by Curators.

    Curators means entities that have the right to list NFTs for Auction on Loot Arena, and get paid the proceeds thereof.

    Invitee means a person whose email address has been pre-registered by a Miner or that follow an invite URL.

    Loot Arena refers to the online software application for online auctions of unique items that is accessible at lootnft.io/arena.

    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.

    LTT means Loot Tickets are tokens used to redeem for products and services in the World.

    Maximum Auction Number means the maximum amount of NFTs on auction as amended from time to time at Loot NFT Co LLC's sole discretion.

    Miner's Area refers to the specific section of Loot Arena accessible following log in (and not accessible publicly) and reserved to Miners.

    Miner means a person that has has completed the Loot Arena sign up process and paid the joining fee (or where a referrer paid the joining fee).

    NFT refers to Non-Fungible Token, a unique cryptographic token containing meta-data linked to Creations by Creators, and issued on a blockchain. All NFTs on Loot Arena are first 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.

    Off-Platform means the transfer of LTT, NFT, or items from our custody to a Miner's custody.

    Official Notices refer to notices that we publish from time to time on our social channels, on our websites, and our formal documentation. In case of conflicts, Loot NFT Co shall advise which terms take precedence.

    Oven means a time-locked wallet that receives BUN from all mining activities on Loot Arena and redistributes them into the Loot Arena ecosystem. We direct at our sole discretion and advise miners from time to time on Loot Arena, in Official Notices.

    Prescribed Fee means the number of Credits, BUN or LTT that must be spent by Miners to access the relevant functionalities of Loot Arena, as updated from time to time at our sole discretion and communicate via Loot Arena, 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;
    3. Whitelisting of email addresses or cryptographic public addresses; and
    4. Bidding at auction, including an upfront fee to join an auction.

    Prescribed Amount means the number of Credits, LTT, BUN and or NFT (as the case may be):

    1. A Miner must have in their accounts to log in to Loot Arena, or for their invitees to complete the sign up process to access the Miner's Area of Loot Arena;
    2. A Miner is limited to have in their accounts at any time.
    3. Any other amounts as we communicate via Loot Arena, in Official Notices or Our other documentation, such made at our sole discretion.

    Purchase Currency means USDC, a US dollar-pegged cryptocurrency, or such other cryptocurrency with a reasonable convertibility to the US Dollar.

    Transfer Pre-Conditions mean the prerequisites for Miners to perform certain activities, including, but not limited to being paid USDC ERC20 from proceeds of NFT resales on Loot Arena, or transferring NFTs or LTT Off-Platform. We may impose particular prerequisites for any other payments we make.

    World means the Loot NFT ecosystem comprising Loot Arena, The Fund by Loot NFT, Satoshi's Lounge by Loot NFT, Loot NFT World, X by SL, and HABN.

    1. Loot Arena
      1. Loot Arena is an entertainment platform where Miners use BUN to bid in time-based auctions. Bidding converts BUN to LTT based on a Miner's Mining Ratio. The winner of the auctions received the NFT as reward.
      2. Miners acknowledge that:

        1. BUN are tokens of a fixed value that is custodied by Loot NFT Co, LLC, and is similar to a game credit. BUN are only used as a unit of account in auctions on Loot Arena and, once purchased, cannot be refunded, sent out of the ecosystem, or converted to any other currency or cryptocurrency.

        2. LTT are tokens that are issued solely from bidding activity at auctions on Loot Arena. They can be secured in the custody of Miners (functionality not yet available as of October 2021). Loot NFT Co LLC does not hold, or own, any LTT and therefore cannot participate at any token indexing sites, or secondary market listings, or promote peer-to-peer transfers of LTT. We may however assist Miners with accurate information for consistency and branding visibility of the Loot NFT ecosystem.

        3. WLoot NFT introduces game mechanics that are untested and should be treated as an experiment. Miner'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

        4. The use of BUN, Credits, LTT 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 Miner's Area

      1. Access to Loot Arena is by invitation only. An invitee's email address must be whitelisted to sign up.

      2. Any Miner can whitelist their Invitee's email address by paying the Prescribed Fee. When signing up, a referrer must have the Prescribed Amount, or more, in their account for their Invitee to complete the sign up process.

      3. Any Miner logging in the Miner's Area must have the Prescribed Amount in their account. Failing this, Miners will be prompted to purchase Credits to log in.

      4. To sign up, Miners 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.

      5. Miners 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 Miner's BUN account is capped at the Prescribed Amount. All BUN sent or howsoever received to an account above that Prescribed Amount shall be forfeited to the Oven.

      2. Anyone attacking or attempting to attack or otherwise harm our software solution in any manner whatsoever, or breaching our rules, is expressly prohibited and may result in termination of membership for breach of our terms. In that event, that Miner's:

        1. BUN will be sent to the Oven for redistribution back into the ecosystem;

        2. LTT will be burned; 

        3. Credits may be returned back within 90 days to the Miner in USDC ERC20 following the completion of Transfer Preconditions, less our administrative fees in dealing with said refund. Any refund over the equivalent of $250 may be reported to the authorities.
        4. NFTs will be transferred to the Miner's nominated cryptocurrency address within 90 days of our decision to terminate, provided the Miner has completed our Transfer Preconditions, and the Miner must pick up any physical items within that time frame at their cost.
        5. In some cases, we reserve the right to vary the above conditions and work with the authorities where relevant.

      3. Miners agree to follow the rules we set in our Official Notices.

    4. Transactions
      1. BUN, LTT, NFTs

        Members acknowledge that, from time to time, we may not have BUN to sell, NFT on auctions and that LTT may not be available for sale.

      2. Non-Fungible Tokens (NFTs)

        1. All NFTs on Loot Arena are listed directly by independent Curators. All NFTs sold by Creators through Curators must be accompanied by a certificate of authenticity and non-reproduction and are clear of any liens or other encumbrances. Each NFT is wrapped in a contractual document and is finished and complete works that do not grant any inherent rights to any financial benefit. On Loot Arena, Creators do not receive any royalties or other interest from the subsequent resale of their works.

        2. There are two types of NFTs listed for auction, (1) as first-listings, and (2) as reserve-based auctions (either resales or first-listings). First listings are auctions without a reserve that must sell, and reserve-based auctions only proceed once the reserve has been met.

      3. Know-Your-Customer (KYC) and Whitelists

        1. Miners receiving USDC ER20, and transferring LTT or NFTs Off-Platform, or for any other payments we make must at a minimum complete a KYC background check and register their public cryptographic addresses to which those transfers are sent.

        2. Miners that re-list NFTs they received from an auction on Loot Arena for sale, and receiving the proceeds from such auction, must agree to our 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. Miners 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 to complete our assessment. We shall make all reasonable attempts to ascertain the veracity and compliance of Miners identity and status under the relevant laws in the jurisdiction in which we operate. A Miner 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 Miner's account, including purging the Miner's private information we hold in compliance with our Privacy Policy. Thereafter, any NFTs held in that Miner's account will be Burned, and all BUN in that Miner'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 Miner may be forfeited to said authorities.

      4. Rewards and Benefits

        Miners acknowledge and agree that the rewards and benefits we grant for their participation are set out in Official Notices. For the calendar year 2022, revenue directed to the Type S and H accounts, which are funds allocated for rights to rewards, has been redirected to the Type F account to cover fees associated with creating new rewards, such as the Demons Game, War Game, and other entertainment outlets that consume Tickets (LTT). These are subject to change from time to time.

      5. BUN and NFT Custody

        1. Unless specified otherwise in Official Notices, all Miners' BUN, LTT, Credits, and NFTs are held in our custody. Miners 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 Miner and Burned on Loot Arena.

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

        3. Miners can send NFTs Off-Platform to their public cryptographic address on blockchains listed on Loot Arena. We will then mint a new NFT on the relevant blockchain with metadata, 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 Miner initiating a transfer of that NFT, that Miner 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. Miners 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 12.

    6. Auctions

      1. Consignment Sales and Proceeds

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

          1. BUN. Miners use BUN to bid in time-limited auctions for Creations, in a pay-to-bid manner. Miners bid one BUN at a time, which is consumed and spent whether or not they win the auction. If a bid is received in the last 15 seconds of an auction, the timer resets back to 15 seconds. The last Miner to bid when the auction timer expires receives the Creation and all rights appurtenants to the same. We may introduce BUN cap limits at auctions.

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

          3. Effective Bid Value (EBV). We calculate an EBV for the conversion of BUN at auction as follows: The running sales total of BUN in Purchase Currency divided by the total BUN sold and free BUN (such as rewards and bonuses) given to Members, less any sales distribution to stakeholders of the ecosystem. The EBV is calculated on an hourly basis and at the end of each auction. The EBV is displayed publicly.

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

        3. No Reserves; Indeterminate Duration. Miners acknowledge and agree that there are no reserves for first-time listed Creations on auction (other than reserve-based first time listings), and the end time of an auction is not determinable and depends on bidding fervor. Miners further acknowledge that BUN used on Loot Arena are of a limited supply and is locked in auctions until they are made available back to Miners at the conclusion thereof; it is possible, therefore, that with a small amount of BUN left that the auction does not achieve the desired commercial expectations of Miners, Curators or Creators.

      2. Re-listed auctions. Miners that have won an NFT at auction on Loot Arena 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 have a reserve price, that cannot be more than the value it achieved at its last auction, and the number of Miners required to participate.

        2. the reserve price divided by the number of Miners required to participate equals a joining fee that any miner must pay to join the auction ("Joining Fee"). Joining Fee is escrowed and only committed to the auction once it starts. Joining fee are refundable at the election of the Miner or if the re-lister cancels the auction. Once a re-listed auction starts, no new miners can join same.

        3. Miners 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 NFT's subsequent purchaser 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, Miners 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 Arena.

        4. Miners must pay the Prescribed Fee prior to re-listing an NFT for auction on Loot NFT, unless they have a 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 Miners; this means that at that time no Miner can join that auction, which carries on only with Miners that have joined that auction prior to that time.

      4. Creators acknowledge that they can only list their Creations through Curators and that we only pay Curators the proceeds of auctions. Our agreement is with Curators and not with the Creator.

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

      6. Physical Creations and minting. Curators are the custodian of any physical creations. We do, however, make available at their disposition two physical facilities around the world for Curators to use at Loot NFT Co LLCs cost. However, Curators may expose, use, insure and secure the physical items themselves. Curators are also responsible for the minting of the NFTs for listing in Loot Arena via the Loot NFT Co LLC software. We have no control over the listed NFTs, their description, etc.

      7. Pick up of physical Creations. When an NFT is transferred Off-Platform, we will connect its owner with the Curator who is then responsible to arrange pick up at the owner's cost. As a standard, owners have 90 days to pick up physical creations from Curators following the transfer Off-Platform of an NFT tied to it. However, if the physical item is custodied at a Loot NFT Co LLC facility, owners must pick up (and pay for shipping) that item strictly within 90 days

      8. The time at which an auction starts depends on the queue to the live auction section of Loot Arena. 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 it replaced ended before 00:00 UTC on Sunday, or 12:00 UTC the following Sunday if the prior auction it replaced ended after 00:00 UTC on any Sunday, or as otherwise amended in Official Notices or Documents or as set out on our website.

      9. Miners acknowledge and agree that we are under no obligation to re-list NFTs for auction on Loot Arena at our sole discretion.

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

    7. Purchases

      BUN are sold in packs of 25 for the Prescribed Fee. 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

      Miners acknowledge that it is in our plan to decentralize our software infrastructure through a series of smart contracts. This roadmap includes the extraction of LTT, and NFTs on public blockchain and that they may be responsible for their own item security. Implementing 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 or Documents or as set out on our websites.

    9. No Claims; Termination

      1. Nothing in these Terms shall be construed as granting any rights under any of Loot NFT Co LLC'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 Miner provided the latter can cure such breach within 30 days of our breach notice. Failing this, we may terminate that Miner's account, including purging the Miner's private information we hold in compliance with our Privacy Policy. Thereafter, any NFTs, BUN, and LTT held in that Miner's account may be Burned or sent to the Oven (in the case of BUN); and

        2. at any time at our sole discretion provided that we refund the Miner in Purchase Currency for the number of Credits or BUN that member holds on Loot Arena, less any bonus or rewards received from the time they joined Loot Arena. That Miner shall have 90 days to transfer any NFTs or LTT 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 ERC20 as set out in Section 4 (c) applies.

      3. Membership (or access) to Loot Arena is not assignable.

    10. Notices

      1. All correspondence by Miners 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 or Documents;

        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. Miners 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. Miners 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. Miners 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. Each Miner and user of our platform acknowledges and agrees that no software system is 100% secure.

        1. Hack of our USDC ERC20 accounts. In this event, our EBV will go down and NFTs on auction may be less than expected temporarily as sales of BUN re-establishes a more stable EBV.

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

        3. Hack of BUN in the Oven. We will do all things reasonable and possible to patch and or migrate BUN to a new Oven.

        4. Hack of NFTs on Loot Arena. In this event NFTs shall be reissued to their owner 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 the affected persons.

        In all of the above, we may seek counsel and work with the relevant authorities and law enforcement agencies.

    13. Incorporation of Other Terms

      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 NFT Resales

    Users that re-list NFTs they won on Loot Arena must agree to our contractual terms as set out below.

    This AGREEMENT (this "Agreement") is made and entered into by and between Loot NFT Co LLC, a Wyoming Limited Liability Company ("Company", "We"), and the owner of the NFT as indicated on Loot Arena ("Miner", “You”), together, referred to as the “Parties”.

    Recitals

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

    WHEREAS, Miner wants to sell NFTs they acquired on Loot Arena back on Loot Arena;

    WHEREAS, Miner and Company have agreed to the sale conditions according to the terms and conditions set out herein.

    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 Arena Terms

      1. Our 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 re-listing an NFT (either by clicking on the re-listing button on the Loot Arena site, or by otherwise giving us the authority to do so), You grant us the unconditional authority to act on your behalf to list that NFT for auction on Loot arena and that this action may not be reversible. This Agreement applies as a master agreement to all NFTs You Re-list.

      2. For each re-listing:

        1. You must set a reserve price that does not exceed the BUN value the NFT received at its last auction, together with a number of Miners you would like to share in contributing to the reserve price. The share is a joining fee for each Miner as follows: Reserve Price divided by the number of Miners required. You cannot set a joining fee that would be more than the Maximum Allowable Cap (i.e., the total amount of BUN that can be held in a Miner’s account).
        2. You may cancel a re-listing at any time before your reserve price is met. You cannot cancel a listing once a reserve price has been met.
        3. You must pay a fee in LTT to re-list an NFT, unless you have a benefit that waives that fee. We may offer, for a fee in LTT, your listing to be shown higher up the listing page for more visibility.
        4. The value shown in USDC ERC 20 is the total proceeds from a re-listing. All sales are final and transfer the ownership of the NFT, including any physical creation linked to it, free from any encumbrances to the auction winner.
        5. Proceeds from auctions are shown in your Loot Arena wallet immediately following the conclusion of the same, and provided you have satisfied Required Preconditions, you can request for us to transfer the USD ERC20, less any Ethereum gas fees, to your nominated USDC ERC20 address. Allow up to 48 hours for the transfer to be made.

    3. Re-listing Additional Terms

      1. Consignment. The transaction contemplated under these Terms is a consignment sale transaction where we sell the NFT on Your behalf.

      2. Transfers. NFTs You sell shall be transferred along with all associated meta-data, certificate of authority, consignment authorizations to the auction winner for full enjoyment of said benefits and rights. This action is final, and Your consent to same is unconditional given when you re-list an NFT for auction.

      3. No bid by owner. Owners of an NFT cannot bid on NFTs they re-list for auction.

    4. General Conditions

      1. Assignability. Your rights, duties, and obligations under this Agreement are not assignable.

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

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

      4. Software Malfunction. You acknowledge that we are a startup experimenting with battle-bidding auctions and that not all software are free from bugs, hacks, or other issues affecting its use and agree not to hold us liable or start any action for any losses or expectations you may have concerning the resale of Your NFT due to malfunctions in our software. We agree to do all things reasonable to rectify any such malfunctions at the earliest and in a professional manner and, if required, pause or delay auctions, cancel auctions, and restart auctions as needed.

      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 under its terms. YOU HEREBY ACKNOWLEDGE AND REPRESENT 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. 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.

      8. Execution. By clicking the relevant buttons on Loot Arena (or by mutual Agreement in any other manner that We both agree to in writing), this Agreement shall be deemed to have been executed by both 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 and Payments, or Official Notices, are expressly incorporated herein by reference. In our sole discretion, we reserve the right 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 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 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 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 only your information and personal use. 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 Registration

      You may be required to register with the Site. You agree to keep your password confidential. You are 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.

    3. Prohibited Activities

      You may not access or use the Site for any purpose other than that we make the Site available. You must not use the Site in connection with any commercial endeavors except those We expressly endorse or approve.

    4. 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 other users and us, especially in to access 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 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 for advertising or offering 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 system use, such as 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, transparent 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 security 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 users' usernames and/or email addresses by electronic or other means to send unsolicited email, or create 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.

    5. 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 under 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.

    6. Contribution License

      You 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. You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

    7. 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.

    8. 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 reporting such user to law enforcement authorities without limitation.
      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.
      5. Otherwise manage the Site in a manner designed to protect our rights and property and facilitate the Site's proper functioning.

    9. Privacy Policy

      We care about data privacy and security. Please review our Privacy Policy: http://www.lootnft.io/terms. You agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use by using the Site. 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. In that case, you acknowledge that you are transferring your data to (which is processed) in the United States.

    10. Term and Termination

      1. 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 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, AT OUR SOLE DISCRETION.
      2. 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 pursuing civil, criminal, and injunctive redress without limitation.

    11. Modifications

      We reserve the right to change, modify, or remove the Site's contents 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 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 in addition to that.

    12. Governing Law

      These Terms of Use and your use of the Site are governed by and construed per 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.

    13. 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. The Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens concerning 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.

    14. 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.

    15. 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. 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.

    16. 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.

    17. 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 violation of your representations and warranties outlined in these Terms of Use.
      4. Your violation of the rights of a third party, including but not limited to intellectual property rights.

      5. Any overt harmful act toward any other site user 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 subject to this indemnification upon becoming aware of it.

    18. User Data

      We will maintain specific data that you transmit to the Site to manage the performance of the Site and data relating to your use of the Site. Although we perform routine backups of data, you are solely responsible for all data that you transmit or related 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. You hereby waive any right of action against us arising from any such loss or corruption of such data.

    19. Electronic Communication, Transactions

      Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications. 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, TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. Further, You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or payments or the granting of credits by any means other than electronic means.

    20. 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 telephone at (800) 952-5210 or (916) 445-1254.

    21. 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 portion 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 between you and us due to these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by 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.

    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

    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 regarding your personal information, please get in touch with us at privacy@lootnft.io.

    When you use any of our services (the "Services," which include the ), we appreciate that you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the most precise way possible what information we collect, how we use it, and what rights you have about 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 disagree 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 offer or otherwise when you contact us.

      2. The personal information that we collect depends on your interactions with us, 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, LTT, Credits purchases and USDC ERC20 payment history and statistics;
        • BUN, LTT, Credits, USDC ERC20 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, LTT, NFT, Credits public address on 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;
        • 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 BUN 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 from there;
        • Queuing information of NFTs from the upcoming section to the Arena;
        • Price in BUN and other currencies for which an NFT is sold and the owner's username, and the date on which it was sold at auction;
        • The 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
        • Various messages that are included on the Site, such as pop-ups and email with hyperlink buttons and favoriting (watchlist) features, and more.

      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 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 Site. We automatically collect certain information when you visit, use or navigate the Site. This information does not reveal your specific identity (like your name or contact information). Still, it 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 our security and operation 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, provide services, protect your rights, or fulfill business obligations.

      We may process or share the 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. It 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. Our Cookie Notice sets out specific information about how we use such technologies and how you can refuse certain cookies.

    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): these countries may not necessarily have data protection laws or similar laws as comprehensive as those in your country. However, we will take all necessary measures to protect your personal information per 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 more extended retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will need us to keep your personal information for longer than seven years.

      When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such data or if this is not possible (for example, because your data has been stored in backup archives). 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 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 Site. 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 delete such data from our records promptly. 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?

      1. You may review, change, or terminate your account at any time.
      2. If you are a resident in the EEA or UK and 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
      3. 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
      4. 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.
      5. 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 public blockchains, together with the relevant identity records for such transactions as required for us to comply with the relevant laws of the jurisdictions in which we operate;
        3. Agreements We sign with You as We are a counterpart to such contracts;
        4. Any BUN, Credit, LTT 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.
      6. If You delete Your account, Your BUN, LTT, NFT, and Credits holdings may be forfeited along with any benefits thereunder and those benefits granted to all other members of lootnft.io. This action is irreversible.
      7. Opting out of email marketing. We do not send unsolicited emails. All emails we send to you are initiated from your preferences and as part of our security process (such as one-time password for logging 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.
      8. Controls for Do-Not-Track Features

        Most web browsers and some mobile operating systems and 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.

      9. 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 data (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.
      10. 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 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.
      11. 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
      12. 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.

    9. 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 complying 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 on our policies.

      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 using. You get access to a Forget Password page to recover your credentials.

        If You cannot get access to Your account, We have other means of identifying You, which include but are 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 in 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 to our customers, and we work hard to maintain that trust.

      5. Cookies

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

        1. What is a cookie?

          Cookies are simple text files stored on your computer or mobile device by a website's server. Each cookie is unique to your web browser. It will contain anonymous information such as a unique identifier, the 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 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 by 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 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.