# Terms of Service

#### MAD NFT Marketplace Terms of Service

**Last Updated:** 23rd October 2024

Welcome to MAD NFT Marketplace, operated by MAD NFT Marketplace ("MADNFT," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the MAD NFT website, APIs, mobile applications ("App"), and any live support, software, tools, features, or functionalities provided on or in connection with our services. This includes using our services to view, explore, help display and create NFTs, and using our tools, at your own discretion, to connect directly with others to mint, purchase, sell, or transfer NFTs on public blockchains (collectively, the "Service").

For the purposes of these Terms, "user," "you," and "your" mean you as the user of the Service. If you use the Service on behalf of a company or other entity, then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

**PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. BY CLICKING TO ACCEPT, SIGN, AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.**

#### 1. **About MAD NFT Marketplace**

MAD NFT Marketplace is a decentralized, non-custodial platform that facilitates the creation, buying, selling, and trading of NFTs (Non-Fungible Tokens) directly between users. We do not store, manage, or control user assets or funds. All transactions occur directly between users through their digital wallets.

MADNFT is not a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor. We provide a peer-to-peer web3 service that helps users discover and directly interact with each other and NFTs available on public blockchains. We do not have custody or control over the NFTs or blockchains you are interacting with, and we do not execute or effectuate purchases, transfers, or sales of NFTs. To use our Service, you must use a third-party wallet which allows you to engage in transactions on blockchains.

#### 2. **Eligibility**

To use the Platform, you must be at least 18 years old and capable of forming legally binding agreements. By using the Platform, you represent and warrant that you meet these requirements. Users are responsible for ensuring that their activities on the Platform comply with their local laws and regulations.

#### 3. **User Accounts**

* **Account Creation:** Your blockchain address functions as your identity on MADNFT. Accordingly, you will need a blockchain address and a third-party wallet to access the Service. Your account on the Service ("Account") will be associated with your blockchain address.
* **Wallet Responsibility:** By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with MADNFT.

#### 4. **Non-Custodial Nature**

MAD NFT Marketplace is a non-custodial platform. We do not control or store NFTs, digital assets, or funds on behalf of users. All transactions are executed directly between users using smart contracts on the blockchain.

* **Responsibility for Transactions:** Users are solely responsible for the security and management of their digital wallets and the transactions they engage in on the Platform. MAD NFT Marketplace is not a party to any agreement between users, and users bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs they purchase from third-party sellers.

#### 5. **Fees and Payments**

* **Transaction Fees:** MAD NFT Marketplace charges a small fee for the use of smart contracts, which is deducted directly from each transaction. This fee is subject to change and will be clearly displayed before each transaction.
* **Third-Party Wallets:** All payments and transactions occur through third-party wallets. MAD NFT Marketplace is not responsible for any issues or disputes arising from third-party wallet providers.

#### 6. **Ownership**

The Service, including its "look and feel" (e.g., text, graphics, images, logos, page headers, button icons, URLs, and scripts), proprietary content, information, and other materials, are the proprietary property of MAD NFT Marketplace or our affiliates, licensors, or users.

You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Service and content. This license is subject to these Terms and does not include any resale or distribution of the Service or content.

#### 7. **Prohibited Activities**

Users are prohibited from engaging in activities on the Platform that include, but are not limited to:

* Engaging in illegal activities, including money laundering, terrorist financing, or the sale of illegal goods.
* Using the Platform to create or distribute NFTs that contain hate speech, pornography, or content that infringes on the intellectual property rights of others.
* Attempting to manipulate or interfere with the functioning of the Platform, including through the use of bots or other automated processes.

#### 8. **Jurisdictional Disclosures**

* **Not Regulated by Financial Authorities:** MAD NFT Marketplace is not registered with, licensed by, or regulated by any financial regulatory authorities, including but not limited to the Financial Conduct Authority (FCA) in the United Kingdom, the Securities and Exchange Commission (SEC) in the United States, or similar regulatory bodies in other jurisdictions. The Platform operates as a decentralized, non-custodial service, and users are responsible for complying with any applicable laws in their own jurisdictions.
* **User Responsibility:** It is the responsibility of each user to ensure compliance with their local laws and regulations when using the Platform. Users are encouraged to consult legal advisors if they have any concerns regarding their activities on MAD NFT Marketplace.

#### 9. **Limitation of Liability**

To the fullest extent permitted by applicable law, MAD NFT Marketplace, its affiliates, and their respective directors, employees, agents, or representatives shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or any other damages arising from or related to your use of the Platform.

#### 10. **Indemnification**

By using the Platform, you agree to defend, indemnify, and hold harmless MAD NFT Marketplace, its affiliates, officers, directors, employees, and agents from any claims, damages, or liabilities arising out of your use of the Platform or your violation of these Terms.

#### 11. **Governing Law and Dispute Resolution**

These Terms are governed by and construed in accordance with the laws of \[Country or Region], without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or your use of the Platform will be resolved through binding arbitration in \[Country or Region], except where otherwise required by law.

#### 12. **Changes to the Terms**

MAD NFT Marketplace reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Service or updating the "Last Updated" date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms.

#### 13. **Contact Information**

If you have any questions or concerns about these Terms or the Service, please contact us at:

**MAD NFT Marketplace**\
Email: <info@madnft.io>

***

#### **Acceptance of Terms**

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
