Terms of Service - SEED.Photo

Terms of Service - SEED.Photo

SEED.Photo welcomes you to the platform. It is a decentralized platform that covers digital art, focused on photography of all sorts. SEED.Photo provides a marketplace for individual artists to join and mint NFTs, then trade (Buy or Sell) them on Binance Smart Chain.

We use and incorporate customized smart contracts that enable easy authentication of the artworks. These contracts, with IPFS storage capacities, bring you an ease to mint NFTs, and sell the digital creations or assets to collectors, or other artists on a P2P digital marketplace.

Therefore, the members of the SEED.Photo (Collectors or Artists alike) can transfer, buy, sell, or showcase their NFT collection on the associated platforms of SEED.Photo.

The Terms & Conditions Mentioned Here Set Forth A Legally Binding Agreement

Please ensure that you read these Terms of Use, Terms of Service, Terms & Conditions, or Agreement precisely with complete understanding. This is an agreement between you, as the user (Artist, Collector, or whatever you choose to define yourself as) and the SEED.Photo. It is also an agreement with other SEED.Photo users and members (anyone using the platform).

These terms govern your use of the website SEED.Photo (“we,” “portal,” “platform,” “hub,” “marketplace,” “site”) and all the related tools, smart contracts,  decentralized applications, mobile applications, web applications, and APIs located at any of SEED.Photo’s websites, including without limitation, any successor website(s) or application(s) thereto.

Kindly Note:

• These terms set forth the legally binding terms and conditions that govern your use for the site or platform.
• By accessing or using the website, any associated service, or smart contract, you are accepting these terms (on behalf of yourself or the entity your represent)
• You represent and warrant that you have the right, authority and capacity to enter into these terms (on behalf of yourself or the entity you represent).
• If you do not agree with all of these terms and conditions, you are prohibited from accessing, using, or transacting on the website or the platform.
• Furthermore, you represent and warrant that you are otherwise legally permitted to use the services in your jurisdiction and that the company is not liable for your compliance with such applicable laws.

There are certain aspects, and features that require different guidelines like Community Guidelines, and Privacy Policy. All these additional terms, rules, or guidelines are hereby incorporated by reference into these Terms and conditions. These are expressly agreed to and acknowledged by the user.

Privacy Policy

You agree to the storage or collection, usage, and disclosure of your data in accordance with our privacy policy. Our Privacy Policy sector elaborates the way we will collect, store, use, or disclose any data acquired from you, including the personal information. Hereby, it is incorporated by this reference into these terms.

The Platform

Accessing The Platform Through A Wallet

You need to install a compatible web browser with the supported wallet extension to easily access and use the platform. For instance, you could use Google Chrome, Brave, Firefox and other web browsers. Next, you will need one of the two wallets:

• MetaMask
• WalletConnect

These are electronic wallets for the decentralized marketplace that allow you to purchase, store and engage in transactions using the native cryptocurrency. They provide ease of transaction and conversion needed to make any transaction on the platform. You won’t be able to engage in transactions if you don’t use the supported wallets (MetaMask and WalletConnect) or the web browser.

The platform will only recognize you as a user once you connect your wallet to the platform and start making transactions.

We also won’t take responsibility if you try to use incompatible or third-party tools, wallets, or browsers that we do not support. Please adhere to the guidelines and tools suggested for the best experience and to mitigate any problem.

Transactions Are Recorded

The Platform (SEED.Photo) incorporates and utilizes Binance Smart Chain. Therefore, all transactions that occur on the platform are managed and confirmed by Binance Smart Chain.

As a user, you understand and acknowledge that your Binance Public Address will be publicly visible whenever you engage in a transaction on the Platform. We do not own or control MetaMask, WalletConnect, Google Chrome, Brave Web Browser, Binance Blockchain Network, or any third-party tool or website, product, service, that you might choose to use, visit, access for any purpose of accessing or using various features of the platform.

We will not be liable for the acts or omission of any third party or any damage that you may suffer as a result of your transactions, or interaction of any kind with such third parties.

The Platform Is Property of SEED.Photo

By using the platform, you acknowledge and agree that we (or, as applicable, our licensor), owns all legal rights, titles, and interests in and to all elements of the platform.

The graphics, visuals, effects, designs, systems, information, computer code, methods, algorithm, information, software, services, user interface, user experience,  organization, categorization, compilation of content, code, data, and all other elements the platform (collectively known as the SEED.Photo Materials) are owned by SEED.Photo. These are protected by copyright, trademark, patent and trade dress laws, international conventions, and any other relevant intellectual property and proprietary rights and applicable laws.

All the material on the platform (SEED.Photo material) is the copyrighted property of SEED.Photo, and its licensor. All service marks, trade names, trademarks contained in SEED.Photo Materials are proprietary to SEED.Photo or its licensor.

The use of the platform does not grant you, the user, any ownership of any kind, or any other rights with respect to the code, data, or content, or other materials that you may access through the platform.

We reserve all the rights in and to the SEED.Photo Materials. These rights or permissions are not expressly granted to you in the terms.

We May Use and Share All User Feedback

You have freedom to choose if you want to submit any comments, insights, feedback on how to improve the platform. You can also submit bug reports, ideas, or any other feedback, anything that is collectively a Feedback to improve the platform.

However, by submitting the feedback, you agree that we have freedom to use the feedback at our discretion. There won’t be any additional compensation to you. We could choose to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise).

You hereby grant us a irrevocable, non-exclusive, and perpetual worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

Making Reports (Security)

Seed.Photo extensively works to enhance and reinforce the security of the platform. We firmly believe in strengthening our relationship with security researchers, auditors, community-led experts, and any other necessary expert.

We aim to create a decentralized and community-led approach to the platform’s security, where everyone can contribute. If you are one of the security researchers and seek to provide insights on any bug, or security vulnerability, please feel free to reach out to us.

However, paying heed, responding, or using any reviews, insights, or information is at our sole discretion.

Non-Custodial Service Provider

SEED.Photo is a platform to facilitate user collection of NFT items, photography, and other digital assets. The Smart Contract, or SEED.Photo and its affiliated platforms, are not the custodians of any of the user-owned items.

The user (you) understand and acknowledge that using Smart Contracts, or the blockchain, does not grant SEED.Photo any custody, possession or control of any of the NFT, digital, or user-owner items, including the cryptocurrency at the time, for the purpose of facilitating SEED.Photo item transactions.

You hereby affirm that you are aware of these terms and acknowledge that SEED.Photo is a non-custodial service provider. SEED.Photo is a platform to be directly accessible by the users without any involvement or actions taken by the parent company, owner, or associate (of SEED.Photo), or any third-party.

External Sites

The website (SEED.Photo) might include hyperlinks and reference to other websites (External Sites). These could be resources provided for the convenience of the users. SEED.Photo doesn’t have any control or authority over these external sites.

You hereby acknowledge and agree that we are not responsible for any of the available external sites. We do not enforce, advertise, or promote any product, service, and resource available on the External Site. You at your discretion and it is solely your decision to use these external sites.

We are not responsible for any action you take on or for these websites. Furthermore, you agree that we are not liable for any loss or damage incurred by using these external sites, through their availability or unavailability.

We don’t take any responsibility for any reliance placed by you upon the completeness, accuracy, or existence of any advertising, products or other materials on, or made available from, any External Sites.

User Account and Security

Agreement To Provide Accurate Registration Information

You, as the user, must provide complete registration information that should be accurate. You should not provide any false or incorrect information when you create an account on the platform.

By creating the account, you agree to offer and provide only the accurate, current and complete information regarding the relevant fields and sections asked.

You agree to maintain and update any changes in the information necessary for the account.

Responsibility for Account Security

The user (You) are responsible for the safety of your account, and all the assets associated (or connected) to it. This includes the eWallets like MetaMask, and WalletConnect, as well as the Digital Assets like NFTs, Cryptocurrency, etc.

You agree to maintain adequate security and undertake the responsibility to control and maintain the security of your Account details, personal information, passwords, and Personally identifiable information.

You acknowledge that the choice to share any information is solely yours and the platform or the service isn’t responsible for your choice to share vital information, including personal identification numbers, or any codes you use to access SEED.Photo or any associated services.

As a user, you have to ensure that the account(s) registered under your name and information will not be used by another person. If there is any breach of security, you must notify us immediately so that we can take the required actions.

Make sure to notify us for any loss, theft, unauthorized use of your name, username, password, etc. and keep us in the loop. Use the respective contact details to reach out to us.

We Reserve The Right To Suspend Hacked Accounts

SEED.Photo and associated authority (the staff members, enforcers, community heads), reserve the right to restrict, suspend, or terminate your account, or access to it if there’s any reasonable suspicion that the person that is using your account or logged into your account(s) is not you.

We may also perform these actions of termination, restriction, or suspension if:

• We suspect that the account(s) have been used for any illegal, fraudulent or unauthorized activity and purposes.
• The Account(s) don’t meet the community guidelines, privacy policies, or terms & conditions.
• The Account(s) hold a security risk to other user(s), or the platform (SEED.Photo).

In such events, SEED.Photo or any personnel in accordance with these terms will not be responsible or liable for any direct or indirect losses (loss of profits, connections, friends, business opportunities, etc.), damage, or costs suffered by you.

We are not responsible if the same applies to any other entity, or third-party, due to such termination, suspension, or restriction of access to any account(s).

Users Is Prohibited From Using The Platform For Illegal Activity

By using SEED.Photo, you agree to only use the platform for the legal purposes and in accordance with the Terms & Conditions, Privacy Policies, and Community guidelines. You agree to any applicable law or regulation in your region.

Therefore, you have freedom of choice to allow or decline any third-party, or yourself, to:

1. Send, receive, distribute, upload, or disseminate any unlawful, defamatory, abusive, harassing, fraudulent, obscene, or objectionable content.
2. Participate, assist,  or undertake any unlawful activity in violation of any law, statute, ordinance, regulation, or sanctions program administration in any relevant country.
3. Distribute harmful or security-related attacks like viruses, worms, trojan horses, corrupted files, defects, hoaxes, or any other destructive or deceptive item.
4. Impersonal any person by using the account, email, personal identification information, personal identification number, or otherwise.
5. Transfer, transmit, upload, post, or share any content that infringes the intellectual property rights of any party on the platform, or through the platform.
6. Operate, or conspire to defraud SEED.Photo, or other users, staff, personnel, or members.
7. Providing false, misleading, inaccurate information.
8. Using the platform to violate any legal right like right to privacy and publicity of any individual.
9. Engage, promote, or support any illegal activity like terrorism, tax evasion, money laundering, etc. that goes against the laws.
10. Interfere with others access to the use of the platform.
11. Defame, abuse, extort, threaten, or violate any legal rights or infringement, of the person or entity (including, but not limited to,  right to privacy, publicity, intellectual property)
12. Incite, encourage, threaten, promote, or facilitate racial intolerance, violent acts, extremist ideals, against others.
13. Harvest, harbor, or collect information from the platform, illegally, about others (including without limitations - email addresses) without their consent.
14. Exploiting or using the platform for any unauthorized commercial purpose without securing permissions.
15. Attempt to modify, adapt, copy, translate, or reverse engineer any portion of the platform.
16. Attempt to to remove any trademark, copyright, or proprietary rights notices, symbols, or data contained in or on the platform, or any part of it.
17. Modifying, reformatting, or reframing any portion of the platform.
18. Display or use any content on the platform that is against community guidelines, and Privacy policies including hate-related, violent content. Including materials, product, or services that encourage or violate any criminal laws, or any other laws and third-party rights.
19. Using any bot, robot, spider, website, site search, retrieval application, or other decides to retrieve or index any part of the platform of the content on the platform. Or, collecting information about its uses for any unauthorized purpose.
20. Creating accounts under false pretenses, by providing wrong information, or under a false identity.
21. Using the platform for creating a competitive product, or service, or replicating ideas without consent or permission.

User Age Restrictions And Regulations

To use SEED.Photo, the user has to be at least 18+. So, upon creating the account and using the platform, you affirm that you are over the age of 18. The platform isn’t available for children under 18.

• If you are under 18, but 13 and older, you agree to review these terms with your parent or the guardian to make sure that you and your parents or guardians have read and agree to these terms.
• If you are of legal age of majority where you reside, or of legal age according to your jurisdiction, you agree to these terms.
• If you don’t have the legal rights to decide, or be in the agreement, then you agree to have your parent or guardian review and accept these terms on your behalf.
• If you’re a parent or a guardian agreeing to these terms for the child over 13, you agree to take full responsibility for the child’s use of the platform, and adhering to the Terms & Conditions, Privacy Policy, and Community guidelines.
• As a parent or guardian of the child, you agree to all the financial charges and legal liability your child, or ward, might incur by using the platform.

Upon using the SEED.Photo , you agree to all of the terms and conditions.

SEED Items

All Artwork (“Art,” “Work(s),” Ärtwork(s),” “creation(s),” “NFT(s),” “Photo(s),” “Photograph(s),” “Digital Asset(s)”) on the SEED.Photo platform is on the Binance Smart Chain and minted by SEED.Photo’s approved artists and members.

Each SEED Item (“Item(s),” “Token(s),” “NFT(s),” “Non-fungible token(s)”) is minted by using the Smart Contracts on BNC and is based on the Artist’s original work.

Therefore, the given artwork is forever tracked and stored on Binance Smart Chain. Thus, providing the collector and creator of the SEED item with a permanent record of authenticity and ownership.

Creating SEED Items

Only the users approved by SEED.Photos are able to use the Platform to “Mint” and sell SEED Items. 

Artwork Minted and sold on the SEED Marketplace includes (but is not limited to):

• Visual Works
• Digital Art
• Photography
• Audiovisual Works
• Animations
• Audio
• Photographs
• 2D and 3D Works
• GIFS
• RAW Files and other creative digital works.

Applying to be a SEED.Photo Member

Any user that is seeking an invitation from SEED.Photo has to be referred by a pre-existing member or user of SEED.Photo or the associated platforms. Upon invitation, they have to fill and submit a form that will undergo a review.

SEED has unilateral discretion in curating and maintaining the network of photographers, artists, collectors, and the entire community. Therefore, SEED.Photo doesn’t guarantee or promise that any user or individual will be approved, even if they were invited by a member of the SEED Team to submit the form.

User Minting

Anyone who receives approval to join are basically “Whitelisted.” It grants them a permission to mint NFTs (SEED Items) by using one or more of the Smart Contracts available on Binance Smart Chain.

To create a SEED item:

• You must upload the artwork. It could be in any of the supported formats.
• Provide information about the artwork. Metadata will get imbued to the artwork.
• Initiate a token minting request.
• It will generate and mint a unique NFT. A digital version of the artwork.

Agreement To Mint Only The Original Works

Upon initiating the Minting process, the user expressly represents and warrants that their work is an original creation.

Any artist, or user, is prohibited from using or minting any work that is unlicensed, or unauthorized. If it is copyrighted content, you require the permission of the rightful owner.

This includes any form of imagery, design, audio, video, model, items, humans, likeness.

An artwork is considered original when it is created by the user or Artist, or if they are the sole owner of the artwork. If you don’t have the permission of the relevant artist or creator, you may not use their work.

You are not allowed to mint anything with unknown or disputed copyright ownership. This includes commissioned work or works made for hire.

SEED Copyright Guidelines

The entire team, and staff of SEED.Photo takes copyright law very seriously. We uphold the copyright laws and enforce them wherever possible. After all, copyright is the law of art that upholds it like the backbone and ensures that all the artists receive fair credit and/or compensation for their work.

We encourage everyone on our platform (Members, Collectors, etc) to review and learn more about their rights, especially in their respective jurisdiction.

Please also visit our Community Guidelines and Privacy Policies to attain more insights on copyright law.

At SEED.Photo, we won’t tolerate any appeal of being oblivious, uninformed, or unaware about the copyright laws. Upon using SEED.Photo, you hereby agree that you are well aware of these laws.

The Authority Of The Work

Any work created or minted on SEED platform is authorized by the artist to use, as long as it contains only the original content, and not any infringed content.

If the artwork, or minted item, contains any of the unoriginal work, ideas from other works, or any element, they hereby declare that they have permission from the rightful owners to incorporate the unoriginal content into their work.

You agree and warrant that the display, sale, or any performance of the mintent item on SEED.Photo platform is not in violation of any agreement, contract, law, obligation, regulation of any kind, owed to the third-party.

Removal From The Platform

If you fail to abide by these Terms & Conditions, Community Guidelines, and Policies, then SEED.Photo has complete right and power to suspend or delete your account.

Your various privileges like minting the work, liking, following, and other permissions could be revoked on Binance Smart Chain, Smart Contracts, or the SEED platform.

It could cover, and is not limited to:

• Removal of item from the list or website (Delisting)
• Penalty to pay in monetary damages.
• Removal of membership or authority.

You Indemnify and Release SEED.Photo

• You hereby agree to indemnify SEED.Photo and will be held liable for any claim against SEED.Photo that occurs out of any breach of these Terms.
• You hereby release and discharge SEED.Photo from any damages, or causes of action, result from a sale of any of the listed SEED items or after the breach of these terms.

The SEED Marketplace

SEED.Photo maintains and facilitates a peer-to-peer (P2P) and decentralized marketplace for digital art (NFTs). It also works as an auction house.

It is where other artists, users, and collectors can come to browse, sell, or buy these digital SEED assets. You may check the list for auctions, make offers and make bid on all the items available for bidding.

You can obtain any item if the offer is accepted by the owner/creator of the artwork at the time.

Purchasing SEED Items

Creators have an option to list down their artwork or assets (NFTs) with a fixed price. Anyone can purchase the listed item by paying the corresponding list price. It could also be in any of the amount equivalent to the list price in different cryptocurrency, if the owner accepts them. However, it needs to be done on the Smart Contract configured to initiate the transfer. Additional fees and gas fees might incur during the transfer.

Making Offers On SEED Items

SEED.Photo allows each user to make any offer for any of the listen items. The acceptance of the offer completely depends on the creator and owner of the item.

• Offers on SEED marketplace are legally binding.
• By making an offer, the user (collector) agrees to temporarily send and lose control on the amount offered (BNC, BNB, or any token) to a Smart Contract.
• Smart Contract shall hold the offered token until the offer is accepted or rejected by the owner of the item.
• The owner of the item has the unilateral authority to accept or decline the offer.

Even if the purchase of an item receives instant acceptance by the owner, there’s no revocable option until the transfer completes.

SEED Marketplace Prices & Fees

Every item listed on SEED Marketplace could be subjected to additional fees that are collected to support the platform, or the community members. SEED.Photo marketplace.

There are also Primary Sales and Secondary Market Sale initiatives in place for the seed items. All the fees and transaction costs are collected and transferred by the Smart Contract.

Primary Sale

The creator / owner receives most of the payment, except for any fees deducted for the marketplace as a commission.

Secondary Market Sale

The user will receive royalty based on the total sale price paid by the collectors on the seed items.

Undertaken Equation

Any listed price or auction number undertakes the consideration of royalties, and referral bonus to fairly compensate and incentivize everyone participating in the sale (The Creators. Owners, and Co-owners, or anyone who is selling the SEED item).

 

The Agreement To Automated Collection and Disbursement of Fees by the Smart Contracts

You hereby agree and understand  that all fees, commissions, and royalties are transferred, processed, or initiated directly through the Smart Contracts on the Binance Smart Chain.

By initiating any transaction on platform and by using the Smart Contracts, you hereby acknowledge, consent to, and accept all automated fees, commissions, and royalties for the sale of SEED items.

You hereby consent to and agree to be bound by the Smart Contracts’ execution and distribution of the fees, commissions, and royalties.   

You hereby waive any entitlement to royalties, commissions, or fees paid to another by operation of the Smart Contracts.

The Consent to Automated Royalties

You hereby consent to the automated collection and disbursement to the original creator/artist/owner royalties for Secondary Market sales of SEED Items. 

The User hereby waives any first sale defense or argument with respect to Secondary Market activities resulting in royalty to a SEED member.

SEED Makes No Representations on Price (or Value)

As a user, you hereby agree and acknowledge that SEED.Photo platform doesn’t have any duty to ensure fair pricing of any of the listed items. It is not our duty to police the user behavior on the marketplace, except to reinforce Terms & Conditions, Privacy Policies, and Community guidelines.

• The creator of the SEED item is at freedom to decide the price for the item.
• Hereby, you acknowledge and consent to the risk that the price of the item could be influenced by the user activity which is outside SEED control.
• We do not warrant or guarantee, nor do we represent any accuracy or fairness of the price for any of the items sold on the marketplace, or offered for sale. Whether it is on or off the marketplace.

Off-Market Transactions

We do not incur, or charge any fees, commissions, or royalties for any transaction done outside the SEED’s infrastructure or ecosystem (marketplace). Any extra charge could be due to the Smart Contracts used to ensure fair royalties and commissions for all the contributors.

We encourage the members to mint and list their items (SEED items) on the platform and the native marketplace. However, users have the freedom to transfer or user them as they deem fit. The owner of the digital asset is permitted to sell or transfer thee item to third party exchanges, if they wish to do so.

In such cases - The artist, creator, or owner of the asset hereby waive any entitlement to the royalties, commissions, or fees for any off-market transaction.

You irrevocably release, discharge, and acquit SEED.Photo and its subsidiaries, affiliates, officers, staff members, members, and successors of any liability for royalties, commission, fines, or fees not received from any off-market transaction.

Gas

All transactions on the SEED Platform, including without Minting, tokenizing, bidding, listing, offering, purchasing, or confirming, are facilitated by Smart Contracts existing on the Binance Smart Chain network.

The Binance Smart Chain network requires the payment of a transaction fee (a “Gas fee”) for every transaction that occurs on the Binance Smart Chain network, and thus every transaction occurring on the SEED Platform. 

The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of SEED Platform.  Hereby, you acknowledge  that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on the Platform be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable.

The users also acknowledge and agree that gas is non-refundable under all circumstances.

Tax Regulations

You are solely responsible for paying any value-added, sales, or use taxes, including other taxes, duties and assessment. If any new regulation is imposed by the government authority or claimed, you’re solely responsible for it. Any tax associated with your use of the platform or its assets if your responsibility to pay for. This includes, without limitation,  any taxes that become payable as the owner of the asset. You are liable to pay any tax regarding  transferring, purchasing, selling or creating any artwork.

The Auctions

An auction house is an integral part of the arts, just like the copyright law. We have worked extensively to ensure you receive smart contracts with auction features. However, there are certain risks that a user should be aware of. These risks are carried into any P2P marketplace that offers digital auction, or live auction situation.

We are working on bringing you the best experience. However, it can only be done by ensuring that as users, you understand and acknowledge the risks of participating in the auctions.

You hereby accept the terms and conditions of using the platforms, and terms of auctions that are listed below.

Scheduled Auctions

A scheduled auction is where the owner of the NFT can determine the start and end time for the auction. There could be a starting price listed. It is an automated auction where at least the starting price should be matched by the participants.

If there’s no set Starting Price, the work will be sold to the one who placed the highest bid. A scheduled auction can only be canceled or terminated until it begins.

If the countdown completes and the auction begins, nobody can stop it, or cancel it. Any owner who initiates a Scheduled Auction should be prepared to sell the listed work at the Starting Price, or to the highest bidder if there isn’t any starting price.

Reserve Auctions

 

A reserve auction is where the user will list down the NFT for sale and wait for someone to make an offer, or provide a price. There could be a listed price, or bidding, or an open (free for the bidders to decide) price.

Upon the placement of the first bid, the auction goes for around 24-hours automatically. After that, it closes and goes to the highest bidder. If not, then it goes to the price set by the owner.

Last Minute Bids

If any bid is placed on Reserve or Scheduled Auction at the last 15 minutes, the time for the auction automatically increases by 15 more minutes to accommodate the last-minute bids.

Possibilities Of Errors

Timing on blockchain can be a complicated setup, especially due to the transaction times, among other things. There could also be rare, or occasional downtime, or fragments where timing is a little off.

Therefore, all the participants are required to place the bids in an auction as early as possible. Make sure to not leave it for the last moment, or before the end of the auction.

The time presented on the platform for auction is only an approximate estimation.

Marketplace Transactions

Each transaction on the SEED’s ecosystem is through the invocation of the Smart Contracts from the Binance Smart Chain. All transactions include transfers, offers, bids, listing, sales, and trades of all kinds on SEED items. As these are initiated by Smart Contract, the complete risk is on the user.

 The Smart Contracts are configured to facilitate the execution of a voluntary offer, an acceptance of an offer, or other confirmation to purchase, sell, bid on, list, or transfer a SEED Item. 

You hereby agree to the risk of Smart Contracts and agree to be bound by the outcome of any Smart Contract operation by invoking, calling, requesting, or otherwise engaging with the Smart Contract, whether or not the Smart Contract behaves as you expect.

Acknowledging The Risk of Smart Contracts and Blockchain Technology

SEEDMarketplace transactions, including (not limited to) primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations through the Site, all utilize experimental smart contract and blockchain technology.

This includes non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems.

• You hereby acknowledge and agree that such technologies are experimental, speculative, and inherently risky.
• You acknowledge and agree that the Smart Contracts on SEED infrastructure may be subjected to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Binance Smart Chain. These can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or SEED Items, or lost opportunities to buy or sell SEED Items.
• SEED assumes no liability or responsibility for any such smart contract or related failures, risks, or uncertainties.

Users Assume the Risk

You hereby acknowledge the risk of participating in the auction transaction. Therefore, you take full responsibility and liability for the result and outcome of any transaction that you initiate.

Whether the Smart Contract, SEED Platform, or market participants behave as expected or intended, you understand and acknowledge the rick of interacting with, initiating or participating in these Smart Contracts Auction Transactions and Marketplace.

You hereby agree that you have apt knowledge and experience in using blockchain technology to acknowledge these risks, including Binance Smart Chain-based activities and transactions.

Attacks And Interference On Smart Contracts

No user is allowed to engage in any attack, hacking attempt, denial-of-service attack, exploitation, or interference of any kind on the Smart Contract.

Any action, even if permitted by the Smart Contract, shouldn’t be in violation of our terms of service and the law of your jurisdiction.

Representations or Warranties

SEED makes no representations or warranties, express or implied, written or oral, made by or on behalf of SEED in connection therewith, including any representations or warranties of title, non-infringement, functionality, merchantability, usage, security, suitability or fitness for any particular purpose, workmanship or technical quality of any SEED Item or work, smart contract code, or software.

SEED.Photo is Not Liable for the Outcome of Any Marketplace Transaction

SEED.Photo shall not be liable to you for contract, tort, or any other types of damages, including indirect, special, incidental, consequential, punitive or exemplary damages arising out of or related to participation in or the outcome of a Marketplace transaction, whether or not SEED has been advised or knew of the possibility of such damages.

SEED's liability for damages under this Agreement shall, in all cases, be limited to, and under no circumstances shall exceed, the number of proceeds actually received by SEED.Photo arising out of the damage after deducting all costs, fees, and liabilities incurred by or on behalf of SEED.

SEED.Photo May Modify these Terms and the Smart Contracts

SEED.Photo reserves the right  in its sole and absolute discretion to amend, modify, alter or supplement these Terms and the smart contracts accessible through the SEED.Photo Site from time to time.

The Smart Contracts Are Not Controlled By SEED.Photo

All Marketplace transactions are executed by one or more Smart Contracts processed on the Binance Smart Chain. These are not under any direct control by SEED.Photo or any other third party.

• The User acknowledges and agrees that SEED.Photo is not a party to any agreement or transaction between any use which involves the purchase, offer, sale, auction, or transfer of SEED Items, whether or not a commission or fee is received by SEED.Photo as a consequence of the transaction.
• Items listed for sale on the SEED.Photo Marketplace are not offered on consignment or held in trust on behalf of any Artist, Collector, Owner, or User. 
• SEED.Photo reserves the right to execute Smart Contract transactions on the SEED.Photo Marketplace as a collector of SEED items.

Marketplace Conduct

The SEED.Photo Marketplace is a transparent and open NFTMarketplace that relies on the honesty and  participation of all users on the platform.

Prohibition from Manipulating Market Prices

You are expressly forbidden from accepting, soliciting, offering, bidding, engaging with the Smart Contracts, or otherwise transacting on or off of the SEED Platform with the intent to artificially devalue, inflate, or otherwise deceptively influence, misrepresent, or cause to be misrepresented the price a SEED Item.

The condition also applies to the groups of SEED Items, or SEED Items created by a particular person on the platform.

Prohibition from Bidding on, Making Offers on, or Purchasing Their Own Works

SEED Artists, Owners, and Collectors are expressly forbidden from bidding, purchasing, or making offers on their own listed or offered SEED Items, especially to influence the price of the listed Item(s).

Prohibition from Anticompetitive Conduct

• You are forbidden from engaging in any deceptive conduct that may prevent competitive or fair bidding.
• You are forbidden to artificially inflate or deflate the price of a work
• You can’t simulate demand for work (i.e, "wash trading").
• You are not allowed to participate in anti-competitive bidding conduct such as but not limited to “puffing,” “chill bidding,” “shill bidding,” “sham bidding,” or “sock puppet bidding.”

Prohibition from Using the Marketplace to Conceal Economic Activity

You are expressly forbidden from selling works, listing items for Auction, making bids during an auction, purchasing a work, or engaging in any other Marketplace transaction for the purpose of:

• Concealing economic activity
• Laundering money
• Financing terrorism.
• Concealing or transferring assets relating to criminal activity
• Paying for an Item for any other reason than to obtain the Item.

All Users expressly represent and warrant by performing transactions involving the SEED.Photo Site or Smart Contracts that their actions are legal under the concerned jurisdiction from which they initiate the transaction.

The Agreement To Report Suspicious Market Activity

All the users hereby agree to report suspicious market activity of other SEED Users.

If a User suspects that one or more SEED Users are in violation of these Terms, the User should promptly inform the SEED.Photo team at the official contact provided on the official website.

Violation of the Marketplace Code of Conduct

You acknowledge the rules and regulations on any forbidden marketplace conduct stated in these terms and conditions, privacy policies, and community guidelines. You hereby agree that if you are caught in the violation of these code of conduct, or in violation of the laws of your jurisdiction, SEED.Photo reserves the right to restrict or revoke your access to the website.

In violation of these terms, SEED.Photo reserves the right to:

• Make any amends
• Rectify, edit or alter any Market transaction data

To mitigate the harm caused by the user’s violation of these terms.

Releasing SEED.Photo from Claims Arising From Other Users’ Violations of these Terms

The User irrevocably releases, acquits, and forever discharges SEED.Photo and its subsidiaries, affiliates, officers, and successors for and against any and all past or future causes of action, suits, or controversies arising out of another User’s violation of these Terms.

SEED.Photo does not hold responsibility for the actions of an individual and offenses they commit. However, right course of actions will be taken against them.

Ownership Terms & Conditions

All work that is minted or uploaded on the official platform, or marketplace, will secure a SEED License, the terms of which are described below. 

All Users who receive a SEED Item acknowledge and agree to accept or purchase the Item subject to the conditions of the License.

Ownership of the item

All SEED items (NFT that are minted or uploaded) are equivalent to real-life physical art. By investing and owning a SEED item, you own a cryptographic token. It is a representation of the photographer’s creative work. You can use that token as your piece of property. However, you do not own the original creative work. Nor can you own the claim to have created the work.

Owners or collectors of the NFTs are free to display, showcase, or share their artwork. However, nobody has the legal ownership, or right, or even an entitlement to any copyright or trademark for the intellectual property rights for the given artwork.

As a collector, or owner (not creator), you receive a Limited Licensed granted through these terms and conditions. The photographer or creator of the original arwork reserves all the exclusive copyrights including, and not limited to:

• Right to reproduce
• Provide or prepare derivative works
• Right to display
• Right to perform
• Right to distribute

The Collector’s Limited License

Here are all the terms and conditions of the Limited License from SEED.Photo issued to the collectors who receive the NFT minted by the creators:

Owning the SEED NFT comes with an array of benefits that are not easily seen in the physical world. You have ease of sharing, showcasing, displaying, replicating, or distributing it throughout the digital medium. Therefore, these are the terms that concern the collectors:

• As a collector or owner of the NFT, you have the freedom to promote it, share it, or showcase it wherever you deem fit. However, you can’t infringe the rights of the copyright holder.
• As an artist minting the NFT on SEED.Photo, you grant a limited, worldwide and non-assignable, non-sublicensable, royalty-free license to the collector for displaying the artwork (NFT)
• The collector also has a freedom to sell it to another person, or a third-party, at their discretion, if they deem fit. However, it won’t impact the license terms for the original creator (artist / photographer) for the NFT.

Displaying The Artwork (NFT and SEED Items)

The collector or holder of the NFT has the right to display the work, or perform the work in case of audiovisual work. You have the right to display or perform the work privately or publicly:

1. For promotion of the purchase, ownership, or interest in the artwork.
2. For sharing it on social media platforms, blogs, digital galleries and other online platforms.
3. Sharing feedback, comments, or discussing the work.
4. To sell or trade the token or NFT associated with the work on other platforms or applications.
5. To use it in the decentralized ecosystem and environments like Metaverse and virtual reality, virtual worlds, galleries, museums and other digital hubs.

As a collector or owner, you have the freedom to display multiple copies of the work in virtual environments.

Commercial Use of Artwork

Collectors is the term used for anyone who owns the minted NFT after the creator (photographer / artist) sells it.

Therefore, collectors have the rights to do the following to the NFT or SEED item they own:

• Trade
• Sell
• Transfer
• Use

They do not have the right to:

• Sell the copies of the work
• Granting the access to the work
• Creating and selling the derivative of the work
• Embodying the work
• Commercially exploiting the work

Restriction On The Limited License Of The Collectors

A collector can not provide the permission to any third-party or themselves to do the following without the creator’s written consent in each case:

1. Modify, mutilate, distort, edit the work that could be a prejudice towards the creator’s honor or reputation.
2. Use the artwork to advertise, sell, promote, or market any third-party product or service.
3. Use the works in connection with images, videos, and other forms of media that could depict hatred, intolerance, violence, extremist ideologies that could infringe upon the rights of others.
4. Use or incorporate the work in movies, video games, TV shows, or any other form of media for commercial purpose, except to express or showcase the artwork according to the terms mentioned above (for personal and non-commercial use)
5. Create commercialized merchandize by using the work/
6. Using the work for commercial gains.
7. Attempt to trademark, copyright, or acquire intellectual property rights for the work.
8. Attempt to mint, tokenize or create extra crypto tokens that represent the same work on or off the SEED.Photo.
9. Falsify, misrepresent, or conceal the authorship of the Work or the SEED Item; or
10.  Utilize the Work for any third party’s commercial benefit.

The Limited License

To acquire a limited license for the SEED item, you need to have the lawful ownership, possession and title of the said item. These will entitle you to the limit license rights.

If you decide to do any of the following, your owner’s rights will immediately terminate:

• Transfer of the SEED item
• Dispossession of the item
• Burning the item
• Selling or trading the item

In such cases, the new owner will acquire the limited license.

Creator’s Rights and Restrictions

As a creator of the SEED item, you reserve all the legal rights, titles and interest in all the intellectual property rights to creative artwork. These are for the SEED items or NFTs created/minted on the platform. These entitle you to copyright and trademark rights.

As a copyright owner, the creator have the right to:

• Reproduce
• Derivative
• Distribute
• Display
• Perform

As a creator, you hereby understand, acknowledge and agree that minting a work on SEED platform constitutes an express and affirmative grant of the limited license rights to the artwork. This will be transferred to the subsequent owner as provided.

Minting Multiple Tokens Of The Same Artwork

The creator, owner, and artist of the original work hereby agrees to not to mint multiple tokens of the same artwork. SEED items (NFTs) are unique and it is the USP of the NFTs to be one-of-a-kind. Therefore, there should ever be only one digital token of the same artwork.

You hereby acknowledge, understand and agree that minting any work on SEED platform constitutes an express warranty, covenant and representation that:

• The owner has not and will not mint, tokenize or create another cryptographic token of the same artwork.
• You will not create a representation of a digital collectible by using the exact same work.
• The exception in the case is to create a token, or digital asset that represents legal, economic or other interest for the exclusive rights belonging to you under the copyright law.

Granting SEED.Photo a License to All Minted Works

Using the SEED.Photo platform to mint the work will immediately constitute an express and affirmative grant license to the platform. It covers SEED.Photo, the affiliates and successors.

The license is a non-exclusive, world-wide, assignable, sub-licensable, perpetual, and royalty-free license. It enables the holder (SEED.Photo) to make copies of, display, perform ,reproduce or distribute the said artwork on any media, whether not known or later discovered, for the board purposes for the website, site, marketplace, or portal, including:

• Operating
• Promoting
• Sharing
• Developing
• Marketing
• Advertising
• Any other purposes related to SEED.Photo

This includes the express rights to:

• Perform the artwork on site, third party platform, social media posts, blogs, advertising, editorials, virtual galleries, market reports, museums, virtual environment or to the public.
• Display the artwork on site, third party platform, social media posts, blogs, advertising, editorials, virtual galleries, market reports, museums, virtual environment or to the public.
• Creating or distributing the digital or physical derivative work based on the artwork, including compilations, collective works, and anthologies.
• Indexing the work in the database, indexes, catalogs, smart contrages, ledgers.
• Storing, hosting, distributing, transferring, or reproducing one or more copies of the artwork within a distributed file keeping system, node cluster, or other database (IPFS). Directing, soliciting, or causing others to do so.

Releasing SEED.Photo from Copyright Claims

The owner, creator, collector, and other parties irrevocably release, acquit, and forever discharge SEED.Photo and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for SEED use of an artwork in accordance with these Terms.

Including without limitation: SEED.Photo solicitation, encouragement, or request for Users or third parties to host the artwork for the purpose of operating a distributed database and SEED’s deployment or distribution of a reward, a token, or any other digital asset to Users or third parties for hosting artworks on a distributed database.

Username Policies

All the account names and usernames are available as first-come and first-serve basis. There can only be one username assigned or associated with the Binance Smart Chain’s respective wallet addresses. You hereby acknowledge:

• A username is not your intellectual property.
• A username is not your personal property

SEED.Photo reserves the rights to delete, modify or change the username without a notice for any real or suspected violation of the policies.

Username Squatting

There isn’t a SEED.Photo exclusive feather that allows reserving username, or username squatting for future use. As it is on first-come first-service basis, the following actions will be taken against users violating the name squatting policy:

• Removal from the platform without notice
• Renaming the individual without notice.

Any attempt to sell the username, buying, or soliciting the username by accepting any form of payment is prohibited. It could result in permanent account suspension.

Inactive Users Policy

SEED.Photo doesn’t allow reserving any inactive account for future use. An inactive user could be deleted from the SEED.Photo without any warning or notice.

We, SEED.Photo, reserve complete and exclusive rights to delete, or modify inactive users.

A user is declared inactive if they haven’t conducted any transaction on the SEED.Photo platform (or Marketplace), or collected any items, or used Binance Smart Chain (in relation to SEED.Photo) for six months.

Copyright Infringement Complaints

SEED.Photo acknowledges and respects the intellectual property rights. We do our best to enforce the laws regarding it. SEED.Photo tries to the best of the capabilities to respond promptly to any claim for copyright infringement. If any content posted on the site infringe the copyright or intellectual property right of the person, we act immediately to take the suitable actions.

We put extensive efforts and experts to investigate the complaints and alleged infringements. If found to be the case, we take appropriate actions under Digital Millennium Copyright Act (DMCA).

We take all the necessary actions which includes removal of the infringed content, and the respective accounts, and barring any access to the site.

Understanding How DMCA Works

DMCA is a global initiative and regulation. It works by offering the copyright owners a medium to fulfill a form or application and give a notice to the online service provider on which the infringement is taking place. Upon receiving the notice, the online service provider and all the affiliated entities respond by complying to the request and taking down the content, often removing or banning the offender.

SEED.Photo takes extra measures to reinforce the law, as we firmly believe that copyright laws are the backbone of the artist community:

• We contact the user that is responsible for the infringement of the content.
• If applicable, a counter-notification is filed by the offender.
• Upon the review, if the counter-notification is valid, we restore the content.
• If we receive DMCA notice that any legal action has been filed (seeking court order to restrain the alleged infringement from engaging in the activity), then exceptions will be made and we will comply as per the court orders.

SEED.Photo’s privacy policy doesn’t protect the information in the DMCA take-down notice or counter-notification. For any query, question or guideline, we advise you to talk to an attorney.

Filing a DMCA Notice

If you are the copyright owner of any content that is being infringed on the platform, we suggest that you first reach out to us. However, you have freedom to submit a notification pursuant to the DMCA. Either way, you will have to provide the following in writing:

1. A signature of the rightful of the exclusive rights to the infringed content. The signature can be physical or electronic. It should authorize you to act on the behalf of the person, even if you’re the owner.
2. Proof of the infringement through the identification of the copyrighted work that the content has been infringed from. In case of multiple copyrighted offenses, a list of all the works at the site.
3. The content, material, item, NFT or anything on the platform that you claim is infringing the rights. Provide the right identification material for us to remove the said content or item. We will need accurate information to locate the material and remove or disable the content. Copy-pasting the direct URL to the page or content is one of the best ways.
4. Contact information from the complaining party that should sufficiently permit us to contact them, if needed. This should include email address, real world address, contact number.
5. A written statement that the content was not authorized by the copyright owner, its agent, or the law. As mentioned in 1st point, you will need a signature accompanying the statement from the owner of the copyright (even if it is you, or someone you represent).
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you  are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You could also choose to provide us with the information to contact the offender, give them a warning, or the desired actions you want to be taken. This is especially in case you just want to warn the participant and not take drastic measures. You may also choose to share their contact information or profile for us to contact them and warn them and provide them the notice, if needed.

In Case Of Wrongful Notice

If the copyright infringement notification or complaint doesn’t hold, and is discarded, or if the complaint was proven to be a misrepresentation, misidentification, or a mistake, then the complaining party shall be liable to us and others for any damages, and costs, including attorney and legal fees, incurred by us, and the accused, in removing or disabling the access to the material or content claimed to be infringed. Replacing, enabling, or restoring the content will also have separate penalties for the complaining party in such cases.

Responding With A Counter-Notification

All the participating parties, the accused, complaint party, and others, will receive complete information with reasonable steps from us if the DMCA infringement take-down notification has taken place.

If you believe that the content or material was not infringing, and that you have the authorization from the copyright owner, their agent, or law, to use the material in the way you have used it, then you may fill and send a counter-notification.

A counter-notification should have the following:

1. A signature. Physical or electronic for identification of the accused. If you’re representing the accused, you will still need their signature with a statement that clearly states that you’re representing them.
2. Identification of the material that has been removed (URL, and other necessary information).
3. A written statement that you believe in good faith that the material removed or disabled was a result of a mistake, misinterpretation, or misidentification of the material.
4. Your essential contact information for us to reach out to you: Address, telephone number, email address.
5. A statement that you consent to the jurisdiction of your region’s concerning cour (for example, US District court in the state you are a resident of).
6. A statement that you accept service of process from the complaining party who filed the notification for alleged infringement.

You will have 10 days to file a counter-notification after you receive the DMCA take-down notice. If you send us a compelling counter notification (effective). Failure to do so may result in the infringing material not getting restored forever.

Similarly, if you believe that the content was infringing, and still decide to post a counter-notification to try your luck, or anything, then you will be liable for any damages, and costs, including fees and cost of using resources, that were wasted or used during this timeframe.

Make Sure To Comply With The Requirements

Make sure to follow the guidelines above 100% and the official DMCA notices should cover all these information. If we find your notice to be ineffective, then we may choose to ignore it. We will have no obligation to remove the infringing content if you can’t provide the legal notice.

SEED.Photo Has the Right to Remove Allegedly Infringing Content

Whether we receive DMCA notice or not, SEED.Photo reserves the right to remove any content or material that we suspect of allegedly infringing another person’s copyright or trademark.

• We may restrict the access to and visibility of the artwork, or digital asset on the site. We could
• restrict the owner or creator’s ability to trade, showcase, view or access it.

All transactions on the SEED platforms for the SEED items should be conducted with the knowledgement, agreement and assumption that any item may be removed subsequently from the website or marketplace (SEED.Photo) in compliance or as a consequence of a DMCA dispute.

If a user chooses to violate any other terms & conditions, privacy policies, or community guidelines, we may take the similar steps.

SEED.Photo will not be liable to any collector, owner, creator, artist, or photographer for the item that was taken down for a valid DMCA take-down notice, or upon violation of these terms.

SEED.Photo Has the Right to Terminate The Account

SEED.Photo has strict policies against copyright and trademark infringement. Upon proven guilty, your account could get deleted. However, we firmly implement and reinforce the repeat infringed policy.

In these cases, we may choose to delete the account, or terminate a member’s access to the website, marketplace, and Smart contracts, including all the privileges, if we find a repeated offender of infringement cases.

We also reserve rights to restrict or follow the same protocol for any account for other violations or offenses, as well. For example, violating the privacy policies, or terms and condition to mint pornographic, hateful, obscene, content, or using suspicious activities to mint the items.

SEED.Photo reserves rights to terminate any account, or remove the material that is in violation of these terms of services, privacy policies, and community guidelines.

Infringers May Be Liable to Collectors and SEED.Photo

If the offender or accused was proven to be the participant of the infringement, then they should refund the entire portion of the earnings from the minted item to the original owner and/or SEED.Photo.

The same applies if they fail to file a counter-notification upon an effective DMCA request against them. SEED.Photo is just a medium, a platform, and will not be held liable to any collector, creator, member, user, or artist  for removing the allegedly infringing content or material, or otherwise, for fulfilling the legal obligations under the DMCA.

Agreement Of Cooperation with SEED.Photo

You hereby agree to cooperate and timely respond to any and all SEED.Photo’s request, investigations and inquiries related to any DMCA dispute or allegation.

Upon finding valid DMCA Take-Down notice, you agree to initiate a burn transaction for the artwork, content and materials (NFTs) that have been permanently removed from the platform.

Disclaimers and Limitations on Our Liability

SEED.Photo and its members, directors, employees, shareholders, stakeholders, parents, subsidiaries, affiliates, agent and licensors disclaim all warranties, conditions and representation of any kind, to the extent permitted by the applicable law of the jurisdiction. Even if expressed, implied, statutory, or otherwise.

These include those related to:

• Merchantability
• Fitness for a particular purpose
• Infringement
• Anything arising from dealing, using, or trading

SEED.Photo Makes No Representations or Warranties

To the extent permitted by applicable law, SEED.photo and its affiliates make no representations or warranties about the accuracy or completeness of content available on or through the site. this includes:

• About products, the value or title of seed items
• The content of any third-party websites
• Services linked to or integrated with our site.

SEED.photo and its affiliates will have no liability for any:

1. Errors, mistakes, or inaccuracies of content of any kind on the platform.
2. Personal injury or property damage resulting from your access to or use of the site or consumption of any products.
3. Any unauthorized access to or use of our servers
4. Any unauthorized access to any personal information or user data.
5. Any interruption of transmission to or from the site.
6. Any bugs, viruses, or harmful content like malware, spyware, etc.,which may be transmitted on or through the site or services by any third party.
7. Any loss or damage of any kind incurred as a result of the use of any content posted or shared through the site or services.
8. Loss or damage caused by another member’s violation of these terms, privacy policies, or community guidelines.

SEED.Photo and its affiliates will not be responsible for any indirect, special, consequential, exemplary, or punitive damages, including lost profits, Revenues, and data.

Limitation on Liability

The total liability of SEED.Photo and its affiliates, for any claims under these terms, including for any implied warranties, is limited to the total amount you paid to us in fees. This has a time limit of the past twelve (12) months.

As mentioned, we strongly comply with the laws of the jurisdiction. And these terms are applicable to the extent the law of the jurisdiction allows it for us. Some jurisdictions do not allow the exclusion of certain warranties and limitations of liability provided in this Section.

If you are in such a jurisdiction, some of the above limitations and disclaimers may not apply to you. 

To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted by applicable law.

Assumption of the Risk

You Acknowledge The Risk of Cryptocurrency and Smart Contracts

You hereby agree that you understand and accept the risks associated with the cryptographic systems. These include the blockchain, smart contracts, Binance Smart Chain, NFTs (Non-Fungible Tokens) and the Interplanetary File System (IPFS).

Therefore, SEED.Photo will not be responsible or liable for any loss you incur as the result of your use of any of the mentioned technology, including the Electronic Wallets (MetaMask, and WalletConnect). These include the loss, damages and claims from:

1. The error on the user's end(forgotten password, incorrect smart contract, smart contract construction error, etc.)
2. Server failure or data loss
3. Unauthorized access to or by third-parties
4. Activities like phishing, viruses, and other attacks from third-parties.
5. Corrupted wallet files leading to loss

SEED.Photo is Not Responsible for Technical Errors on the Binance Smart Chain

SEED.Photo is not liable or responsible for any losses from the blockchains (Binance Smart Chain, or Binance Blockchain Network, Ewallets, or Smart Contracts).

We do not take liability for any feature or tool you use to access or utilize SEED.Photo, like the browser, wallet, etc.

If the developers of the respective tool, feature, network, or technology fail to provide reports, or offer delayed reports, we are not responsible.

Any other issues on these platforms. Including fund losses due to technical node issues, or crash/downtime of Binance Smart Chain.

We are not liable for the upgrades on the BNC (Binance Smart Chain), the method of transactions, confirmation of transactions on the respective platform, Smart Contract, or any change in the blockchain’s ecosystem that results in the change of SEED’s ecosystem.

Acknowledgement To the Risks of the Platform

You hereby acknowledge that as a growing platform, or a digital platform in general, SEED.Photo is subject to flaws. You are solely responsible for any evaluation and auditing any code provided by the platform.

Therefore, SEED.Photo doesn’t have any obligation or duty to alert you of any potential risks, or keep you informed about the risks of accessing or utilizing the platform. As it is available worldwide, the platform could be subject to various thread and cyber attacks.

There could be potential downtime, server maintenance, upgrades, and bugs or glitches followed by the upgrades, and more. There could be an unexpected surge in activity, operational and technology difficulties.

You hereby agree to accept any risk of the platform due to the failure from unanticipated technical challenges including the attacks, excessive use, overload of the platform and so on.

You hereby agree to not hold us responsible, accountable, or liable for any loss related to these scenarios. SEED.Photo will not be liable for any damage, interruption, loss caused by attacks, viruses, or technical difficulties from these attacks, including phishing, DDOS, etc, anything of that nature.

SEED.Photo Does Not Guarantee the Value or Title

The blockchain and NFT world is highly volatile and so is the pricing of the NFT assets. Therefore, this volatile fluctuation could also affect the value of your SEED item (NFTs).

You hereby acknowledge that your assets, artwork, and NFTs could be subjected to the extreme volatility of the blockchain and the cryptocurrency. It means that:

• The lack of use, trends, or interest from the public in creating, using, or distributing the given ecosystem could impact the value of the minted item.
• The value of the SEED item is proportional to the perceived value of the platform, the blockchain and the minted items.
• The entire platform, its blockchain, or NFT assets could easily be impacted positively or negatively by any inquiries, policies, and more.
• Any impact on these assets could also impede or limit the ability to access the platform, smart contracts, or BNC.

Acknowledging Financial Risk of Digital Assets

Use of the platform (SEED.Photo), including the creating, buying, or selling trading digital assets, may carry financial risk. Digital assets are highly experimental, risky, volatile. The transactions carried through the Platform are irreversible. They are  final and there are no refunds you could ask for. 

You acknowledge and agree that you will access and use SEED.Photo at your own risk.  The risk of loss in trading digital assets can be substantial. Therefore, you should carefully consider whether creating, buying, or selling digital assets is suitable for you in light of your circumstances and financial resources.

• By using SEED.photo, you agree that you will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets.
• You represent that you have sufficient knowledge, market understanding, professional insights, and experience to make your evaluation of the merits and risks of any transaction conducted on or through SEED.photo for any underlying digital asset.
• You accept all consequences of using the Platform, including the risk that you may lose access to your digital assets indefinitely.  All transaction decisions are made solely by you.
• Notwithstanding anything in this Agreement, we take no responsibility and will not be liable to you in connection with the use of the Platform for performing digital asset transactions.
• Under no circumstances will the operation of all or any portion of the Platform be deemed to create a relationship that includes the provision or tendering of investment advice.

Investment Disclaimer

Please note that none of the information or statements available on SEED.com are supposed to be suggestions or insights into investments. SEED.com and the affiliated parties are not available to provide any insight, or present advice on the financial terms on the platform.

If there is any information, statement, or suggestion, there isn’t any guarantee on the insights, or the future performance. Therefore, blind trust, or undue reliance shouldn’t be placed on them.

The NFT tokens involve many unknown risks, uncertainties, and unpredictable elements. Therefore, the end-result, or the actual performance and results could different significantly from any projections. It is your sole responsibility to conduct research and due diligence before making any decision.

 

Arbitration Agreement & Waiver of Certain Rights

This section is pivotal because it can limit certain rights. Therefore, you should read this section carefully. The rights that might be affected are:

• The right to maintain a court action
• The right to a jury trial
• The right to participate in any form of class or representative claim
• The right to engage in discovery
• The right to certain remedies and forms of relief.

Other rights that you or SEED.photo would have in court also may not be available in arbitration.

Agreement to Waive a Jury Trial

You agree to resolve any dispute between you and SEED.Photo through a binding and final arbitration, instead of the court proceedings. Thus, you waive your right to any jury trial for any claim if you choose this approach.

A binding arbitration can be created and used for:

• Controversies
• Claims and Counter blaims
• Disputes between you and the platform (regarding Terms, Policies)
• Disputes regarding NFTs, SEED Items, and the platform.

After submission,  an arbitrator (1) will listen and review it. It will be a trusted personnel and the arbitrator’s decision will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. 

The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings.

Exceptions to this clause are:

• Lawful be requirements in judicial proceedings
• Applicable disclosure rules and regulations of securities
• Regulatory authorities
• Other governmental agencies.

This arbitration agreement does not preclude you or SEED.Photo from seeking action by federal, state, or local government agencies. 

You and SEED.Photo may also bring qualifying claims in small claims court.

You  and SEED.Photo retain the right to apply to any court of competent jurisdiction for provisional relief. This includes:

• .Pre-arbitral attachments or preliminary injunctions

Any similar request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Arbitration Costs

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SEED.Photo will pay as much of the administrative costs and arbitrator fees required. This will be according to the amount the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. 

In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in amounts that the arbitrator deems appropriate.

Class Action Waiver

• You may not act as a class representative or private attorney general, nor participate as a class member with respect to any claim.
• You may not arbitrate claims on a class or representative basis
• You may only bring individual claims, which the arbitrator can decide..
• The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

Miscellaneous Terms & Conditions

These Terms May Change

All these terms, the privacy policies and community guidelines are subjected to change. This could occur with time, or due to other disputes. The most up to date version will be posted with the last edited or revised date for the user’s information.

Once these terms are changed on the platform, they will come into effect immediately. You are solely responsible for reviewing and reading the terms and conditions. It is your duty to keep yourself up to date regarding changes and modifications.

SEED.Photo will try the best to inform the users about the policy or terms updates and revisions. The users will be contacted through the contact information (email) they provide.

As stated at the beginning of these terms, your use of the platform marks the agreement to these terms, and other policies.

We could also make changes, or modify any part of the platform without any prior notice.

Changes To Smart Contract

You hereby acknowledge that SEED.Photo may modify, change, amend, or replace one or more of the Smart Contracts.

You acknowledge that a modification to one or more of the Smart Contracts does not alter any right or obligation conferred by these Terms.

Confidentiality of Certain Communications

Users may voluntarily contact SEED.Photo to report serious misuses of the SEED Platform including any violations of terms and conditions, suspicious market activity, extremist movements, infringement, or other scenarios.

However, you also agree to keep confidential all private correspondence with any members of the SEED.Photo Team pertaining to another member’s alleged violation of these Terms or other inquiries about SEED’s policies.

Indemnification

You agree to indemnify SEED.Photo And its affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, reasonable attorney’s fees and legal costs) of any kind or nature, relating to any actual or alleged breach of these Terms by you, a co-conspirator, or anyone else using your account. 

If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Severability

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

Termination Of Agreement

You may terminate your agreement with these terms at any time by canceling your account on SEED.Photo. Once you discontinue your access to the platform, you will not be bound by these terms. However, in such cases, you will not receive any refunds if you cancel your account.

You agree that we may terminate these Terms and suspend or terminate your account.

You understand that any suspension or termination of your access to the SEED.Photo may be without prior notice.

You acknowledge that SEED.Photo will not be liable to you or to any third party for any such suspension or termination.

If we terminate these Terms or suspend/terminate your access to the platform, or your use of the platform due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other solution, penalties we may impose on you through law or in equity.

Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on SEED.Photo, or the information related to your account.

You also understand, agree, and acknowledge that we will have no obligation to maintain any information in our databases or to forward any such information to you or to any third party.

Assignment of the Terms

A written consent is required to assign or transfer any rights and obligations of this agreement to any other party by either side.

However, SEED.Photo has freedom to assign the agreement without your consent to other affiliates, successors, business associates, or services provided.

Governing Law and Jurisdiction

• These Terms will be governed by and construed under the laws of the jurisdiction we are available at and you’re accessing us from.
• You hereby agree that any action of any nature arising from or relating to these Terms, the Site, or our Products will be filed only in the relevant courts.
• You consent and submit to the personal jurisdiction of such courts for any action.
• The failure by us to enforce any right, or provision of these Terms, will not prevent us from enforcing it in the future.
• We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Contacting Us (SEED.Photo)

For any query, information, insights, or suggestion, we advise you to contact us on our official contact information listed on the platform.

Make sure to print a copy of these Terms, The Privacy Policy, and community guidelines.

We advise you to check with the site frequently for any change in the terms, privacy policy, or community guidelines. SEED.Photo will try its best to keep you up to date and notified regarding any changes through the contact information provided by you.