Terms of Service - SEED.Photo

SEED.Photo welcomes users to its 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, Ethereum, Polygon & Sui.

We use and incorporate customized smart contracts that enable easy authentication of the artworks. These contracts, with IPFS storage capacities, bring users 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 & 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 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 the user’s use of the website or platform.
By accessing or using the website, any associated service, or smart contract, users are accepting these terms (on behalf of themselves or the entity they represent)
Users represent and warrant that they have the right, authority and capacity to enter into these terms (on behalf of themselves or the entity they represent).
If users do not agree with all of these terms and conditions, they are prohibited from accessing, using, or transacting on the website or the platform.
Furthermore, users represent and warrant that they are otherwise legally permitted to use the services in their jurisdiction and that the company is not liable for their 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

Users agree to the storage or collection, usage, and disclosure of their 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 them, including the personal information. Hereby, it is incorporated by this reference into these terms.

The Platform

Accessing The Platform Through A Wallet

To conveniently utilize the platform, users must first install a compatible web browser equipped with the supported wallet extension. Suitable options include Google Chrome, Brave, Firefox, and various other browsers. Following this, users will need to select one of the two available wallets:

MetaMask
WalletConnect

These electronic wallets cater to the decentralized marketplace, facilitating the purchasing, storage, and transactional activities utilizing the platform's native cryptocurrency. They streamline transactions and conversions crucial for platform usage. Without employing the supported wallets (MetaMask and WalletConnect) or compatible web browsers, users will find themselves unable to execute transactions.

User recognition occurs only upon linking one's wallet to the platform and initiating transactions. The platform absolves itself of responsibility if users attempt to utilize incompatible or third-party tools, wallets, or browsers lacking support. Adhering to recommended guidelines and tools ensures an optimal experience and minimizes potential issues.

Transactions Are Recorded

The Platform (SEED.Photo) incorporates and utilizes Binance Smart Chain, Ehtereum, Polygon and SUI blockchains. Therefore, all transactions that occur on the platform are managed and confirmed by the previously mentioned Blockchains.

As a user, you understand and acknowledge that your Wallet 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, Ethereum, Polygon & SUI Blockchain Networks, or any third-party tool or website, product and service, that you might choose to use, visit or 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, users acknowledge and agree that we (or, as applicable, our licensor), own 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, software, services, user interface, user experience, organization, categorization, compilation of content, code, data, and all other elements of 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 materials on the platform (SEED.Photo Materials) 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 users any ownership of any kind, or any other rights with respect to the code, data, or content, or other materials that users may access through the platform.

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

We May Use and Share All User Feedback

Users have the freedom to choose if they want to submit any comments, insights, feedback on how to improve the platform. Users 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, users agree that we have the freedom to use the feedback at our discretion. There won’t be any additional compensation to them. We could choose to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise).

Users hereby grant us an 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 experts.

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 that facilitates 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) understands and acknowledges 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.

Users hereby affirm that they 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 references 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.

Users 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. It is solely their decision to use these external sites at their own discretion.

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

We do not take any responsibility for any reliance placed by users 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. Users should not provide any false or incorrect information when you create an account on the platform.

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

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

Responsibility for Account Security

Users are responsible for the safety of their accounts, and all the assets associated (or connected) to it. This includes the E-wallets like MetaMask, and WalletConnect, as well as the Digital Assets like NFTs, Cryptocurrencies, etc.

Users agree to maintain adequate security and undertake the responsibility to control and maintain the security of their account details, personal information, passwords, and personally identifiable information.

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

Users have to ensure that the account(s) registered under their name and information will not be used by another person. If there is any breach of security, users 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 informed. 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 a user’s account, or access to it if there’s any reasonable suspicion that the person that is using their account or logged into the account(s) is not them.

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

We suspect that the account(s) has been used for any illegal, fraudulent or unauthorized activity and purposes.
The Account(s) doesn’t meet the community guidelines, privacy policies, or terms & conditions.
The Account(s) holds 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 Are Prohibited From Using The Platform For Illegal Activity

By using SEED.Photo, users agree to only use the platform for the legal purposes and in accordance with the Terms & Conditions, Privacy Policies, and Community Guidelines. They agree to any applicable law or regulation in their region.

Therefore, users have the freedom of choice to allow or decline any third-party, or themselves, to:

Send, receive, distribute, upload, or disseminate any unlawful, defamatory, abusive, harassing, fraudulent, obscene, or objectionable content.
Participate, assist, or undertake any unlawful activity in violation of any law, statute, ordinance, regulation, or sanctions program administration in any relevant country.
Distribute harmful or security-related attacks like viruses, worms, trojan horses, corrupted files, defects, hoaxes, or any other destructive or deceptive item.
Impersonate any person by using the account, email, personal identification information, personal identification number, or otherwise.
Transfer, transmit, upload, post, or share any content that infringes the intellectual property rights of any party on the platform, or through the platform.
Operate, or conspire to defraud SEED.Photo, or other users, staff, personnel, or members.
Providing false, misleading, inaccurate information.
Using the platform to violate any legal right like right to privacy and publicity of any individual.
Engage, promote, or support any illegal activity like terrorism, tax evasion, money laundering, etc. that goes against the law.
Interfere with others access to the use of the platform.
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).
Incite, encourage, threaten, promote, or facilitate racial intolerance, violent acts, extremist ideas, against others.
Harvest, harbor, or collect information from the platform, illegally, about others (including without limitations - email addresses) without their consent.
Exploiting or using the platform for any unauthorized commercial purpose without securing permissions.
Attempt to modify, adapt, copy, translate, or reverse engineer any portion of the platform.
Attempt to remove any trademark, copyright, or proprietary rights notices, symbols, or data contained in or on the platform, or any part of it.
Modifying, reformatting, or reframing any portion of the platform.
Display or use any content on the platform that is against Community Guidelines, and Privacy Policies including hate-related, violent content. Including materials, products, or services that encourage or violate any criminal law, or any other laws and third-party rights.
Using any bot, robot, spider, website, site search, retrieval application, or other devices to retrieve or index any part of the platform or the content of the platform.
Creating accounts under false pretenses, by providing wrong information, or under a false identity.
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+. 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 agreed 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.Photo Items

All Artwork ("Art," "Work(s)," "Artwork(s)," "Creation(s)," "NFT(s)," "Photo(s)," "Photograph(s)," "Digital Asset(s)") on the SEED.Photo platform is on the Binance, Ethereum, Polygon & SUI Blockchains 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 the above mentioned Blockchains and is based on the Artist’s original work.

Therefore, the given artwork is forever tracked and stored on the above mentioned blockchains. 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.Photo 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 is technically "Whitelisted." It grants permission to mint NFTs (SEED Items) by using one or more of the Smart Contracts available on every incorporated Blockchains.

To create a SEED item:

Users 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.
This 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, users require the permission of the rightful owner.

This includes any form of imagery, design, audio, video, model, items, humans and 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 users don’t have the permission of the relevant artist or creator, they may not use their artwork.

Individuals are prohibited from minting any content with unclear or contested copyright ownership, including commissioned 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 law and enforce it wherever possible. Copyright is the law of art that ensures that all artists receive 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 Policy to attain more insights on copyright law.

At SEED.Photo, we do not tolerate any appeal of being oblivious, uninformed, or unaware about the Copyright law. Upon using SEED.Photo, you hereby agree that you are well aware of these laws.

The Authority Of The Work

Any artwork 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 artworks, or any element, they hereby declare that they have permission from the rightful owners to incorporate the unoriginal content into their artwork.

Users agree and warrant that the display, sale, or any performance of the minted 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 users fail to abide by these Terms & Conditions, Community Guidelines, and Policies, then SEED.Photo has complete right and power to suspend or delete their accounts.

Users various privileges like minting the artwork, liking, following, and other permissions could be revoked on all incorporated blockchains, Smart Contracts, or the SEED.Photo 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

Users 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.
Users hereby release and discharge SEED.Photo from any damages, or causes of action, resulting from a sale of any of the listed SEED.Photo 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.

Seed.Photo marketplace allows artists, users, and collectors to browse, sell, or to buy digital assets (NFTs). Users can either bid or make offers for auction-based NFTs.

Subsequently, the user can purchase any NFT if the offered price is accepted by the owner/creator of the artwork.

Purchasing Artworks

Creators are empowered with the flexibility to showcase their artistic creations (NFTs), by setting a predetermined price. This fixed price allows potential buyers the ease of acquiring the listed item simply by matching the specified value. Moreover, transactions can be conducted using various cryptocurrencies, provided the seller accepts them, offering a broader spectrum of payment options. However, to finalize the exchange, it is imperative that the transaction occurs through a Smart Contract, meticulously configured to orchestrate the transfer flawlessly. It's essential to note that in addition to the initial purchase price, there might be supplementary fees and gas fees involved during the transfer.

Creators have the 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 NFTs

SEED.Photo allows users to make offers for any of the listed NFTs. The acceptance of the offer completely depends on the creator and owner of the artwork.

Offers on SEED.Photo marketplace are legally binding.
When an offer is made, the user agrees to temporarily transfer and relinquish control of the offered amount (in BNC, BNB, or any other token) to a Smart Contract. Smart Contract shall hold the offered amount until the offer is accepted or rejected by the owner of the item.
The owner holds unilateral authority to either accept or decline the offer.

SEED.Photo Marketplace Prices & Fees

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

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

Primary Sale

The Creator/Owner of the artwork receives the payment, minus any fees deducted by the marketplace as a commission.

Secondary Market Sale

The user will receive royalty based on the total sale price paid by the collector on the newly purchased NFT.

Undertaken Equation

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

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

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

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

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

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

The Consent to Automated Royalties

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

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

SEED Makes No Representations on Price (or Value)

As a user, you hereby agree and acknowledge that SEED.Photo platform does not have any duty to ensure fair pricing of any of the listed NFTs. Seed.Photo’s responsibility does not involve monitoring user behavior on the marketplace beyond upholding the Terms & Conditions, Privacy Policies, and Community Guidelines.

The NFT creator retains the autonomy to determine the price for the listed artwork.
By agreeing to this, the creator acknowledges and accepts the possibility that user activity beyond SEEd.Photo's control might impact the artwork's price.
SEEd.Photo does not provide any warranty, guarantee, or representation regarding the accuracy or fairness of NFT prices, whether the NFTs are sold on or off the marketplace.

Off-Market Transactions

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

SEED.Photo encourages members to mint and list their NFTs on the platform and its native marketplace. However, users have the freedom to transfer or use them as they see fit.

The user irrevocably releases, discharges, and acquits SEED.Photo and its subsidiaries, affiliates, officers, staff members, members, and successors of any liability for royalties, commissions, fines, or fees not received from any off-market transactions.

Gas Fees

All transactions on the SEED.Photo Platform, including minting, tokenizing, bidding, listing, offering, purchasing, or confirming, are facilitated by Smart Contracts existing on the incorporated Blockchain networks.

The Binance, Ethereum, Polygon & SUI Blockchains require the payment of a transaction fee (a "Gas fee") for every transaction that occurs within their networks, and thus every transaction occurring on the SEED.Photo Platform.

The value of the Gas Fee often fluctuates, sometimes unpredictably, and is entirely beyond the control of the SEED.Photo Platform. By acknowledging this, users understand that no contract, agreement, offer, sale, bid, or other transaction on the Platform will be invalidated, revoked, retracted, or otherwise rendered invalid due to the Gas Fee for the transaction being unknown, excessively high, or otherwise deemed unacceptable.

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

Tax Regulations

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

The Auctions

Seed.Photo provides users with smart contracts featuring auction capabilities. However, it's important for users to be aware of certain risks inherent in any peer-to-peer (P2P) marketplace offering digital or live auctions.

By using the platform, users hereby agree to the terms and conditions, as well as the auction terms listed below.

Scheduled Auctions

A scheduled auction is where the owner of the NFT can determine the start and end time of 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 a starting price is not specified, the artwork will be sold to the highest bidder. A scheduled auction can only be canceled or terminated before it commences.

Once the countdown finishes and the auction starts, it cannot be stopped or canceled. Any owner initiating a Scheduled Auction should be ready to sell the listed artwork at the designated starting price or to the highest bidder if no starting price is set.

Reserve Auctions

A reserve auction involves the user listing the NFT for sale and awaiting offers or specified prices. This could involve a fixed price, bidding process, or an open price determined by bidders.

Once the first bid is placed, the auction automatically runs for approximately 24 hours. After this period, it closes and is awarded to the highest bidder. If there are no bids, it is sold at the price set by the owner.

Last Minute Bids

If a bid is submitted within the last 15 minutes of a Reserve or Scheduled Auction, the auction's duration automatically extends by an additional 15 minutes to accommodate last-minute bids.

Possibilities Of Errors

Managing timing on the blockchain can be complex, particularly due to transaction durations and other factors. Additionally, occasional downtime or discrepancies in timing might occur.

Therefore, it's essential for all participants to place their bids in auctions as early as feasible. It's advisable not to wait until the last moment or just before the auction's conclusion.

Marketplace Transactions

Each transaction within the SEED.Photo ecosystem operates through the invocation of Smart Contracts on the implemented Blockchains. These transactions encompass transfers, offers, bids, listings, sales, and various trades involving NFT's. Since these actions are initiated by Smart Contracts, users assume complete risk.

The Smart Contracts are designed to facilitate the execution of voluntary offers, acceptance of offers, or other confirmations related to the purchase, sale, bidding, listing, or transfer of an NFT.

Users acknowledge and agree to assume the risks associated with Smart Contracts and accept the outcomes of any Smart Contract operation, regardless of whether the behavior aligns with their expectations, upon engaging with the Smart Contract, whether by invocation, call, request, or any other means.

Acknowledging The Risk of Smart Contracts and Blockchain Technology

SEED.Photo Marketplace 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.

Users hereby acknowledge and agree that such technologies are experimental, speculative, and inherently risky.
Users acknowledge and agree that the Smart Contracts on SEED.Photo’s infrastructure may be subjected to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the incorporated Blockchains. These can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or SEED.Photo NFTs.
SEED.Photo assumes no liability or responsibility for any such smart contract or related failures, risks, or uncertainties.

Users Assume the Risk

Users hereby acknowledge the risk associated with participating in auction transactions. Consequently, they assume full responsibility and liability for the outcome of any transaction initiated.

Regardless of whether the Smart Contract, SEED.Photo Platform, or other market participants behave as anticipated, users understand and acknowledge the risks associated with interacting with, initiating, or participating in these Smart Contracts Auction Transactions and Marketplace.

Users also agree that they possess sufficient knowledge and experience in utilizing blockchain technology to recognize these risks, including activities and transactions based on all the implemented Blockchains.

Attacks And Interference On Smart Contracts

Users are prohibited from engaging in any form of attack, hacking attempt, denial-of-service attack, exploitation, or interference on the Smart Contract.

Furthermore, any action, even if permitted by the Smart Contract, must not violate the terms of service or the laws of the user's jurisdiction.

Representations or Warranties

SEED.Photo makes no representations or warranties, whether express or implied, written or oral, concerning any SEED.Photo NFTs/Artworks, smart contract code, or software. These include but are not limited to representations or warranties of title, non-infringement, functionality, merchantability, usage, security, suitability, or fitness for any particular purpose, workmanship, or technical quality.

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

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

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

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 as needed.

The Smart Contracts Are Not Controlled By SEED.Photo

All Marketplace transactions are executed by one or more Smart Contracts processed on the incorporated Blockchains. 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 NFTs, 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 NFTs.

Marketplace Conduct

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

Prohibition from Manipulating Market Prices

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

This condition also applies to groups of SEED.Photo Items or individual SEED.Photo Items created by a particular person on the platform.

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

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

Prohibition from Anticompetitive Conduct

Users are forbidden from engaging in any deceptive conduct that may prevent competitive or fair bidding.
Users are forbidden to artificially inflate or deflate the price of an Artwork.
Users cannot simulate demand for work (i.e, "wash trading").
Users 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

Users 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’s Website 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 users hereby agree to report suspicious market activity of other SEED.Photo users.

If a user suspects that one or more SEED.Photo users are in violation of these Terms, the user should promptly inform the SEED.Photo team using the official contact information on the official website.

Violation of the Marketplace Code of Conduct

Users acknowledge the rules and regulations regarding any forbidden marketplace conduct as stated in these terms and conditions, privacy policies, and community guidelines. Users hereby agree that if they are caught violating this code of conduct or the laws of their jurisdiction, SEED.Photo reserves the right to restrict or revoke their 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 Users who Mint/List an Artwork are entitled to a Seed.Photo license, the terms of which are described below. They acknowledge and agree to accept or purchase the Item subject to the conditions of the License.

Ownership of the item

All NFTs (that are minted or uploaded) are equivalent to real-life physical art. By investing in and owning a SEED.Photo NFT, users possess a cryptographic token representing the photographer's creative work. This token serves as a piece of property for the owner. However, the owner does not possess the original creative work, nor do they claim to have created it.

Owners or collectors of the NFTs have the freedom to display, showcase, or share their artwork. However, no one holds legal ownership, rights, or entitlement to any copyright or trademark for the intellectual property rights of the given artwork.

As a collector or owner (not creator), users receive a Limited License granted through these terms and conditions. The photographer or creator of the original artwork retains all exclusive copyrights, including but 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

Presented below are all the terms and conditions of the Limited License issued by SEED.Photo to collectors who receive NFTs minted by creators:

Owning a SEED NFT comes with a range of benefits not easily attainable in the physical world. Collectors have the freedom to share, showcase, display, replicate, or distribute it throughout the digital medium. Therefore, the following terms apply to collectors:
As a collector or owner of the NFT, the user has the freedom to promote, share, or showcase it wherever he sees fit. However, users must not infringe upon the rights of the copyright holder.
As an artist minting the NFT on SEED.Photo, you grant a limited, worldwide, non-assignable, non-sublicensable, royalty-free license to the collector for displaying the artwork (NFT).
The collector also has the freedom to sell it to another person or third party at their discretion. However, this action will not impact the license terms for the original creator (artist/photographer) of the NFT.

Displaying The Artwork (NFT and SEED.Photo Items)

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

For the promotion of the purchase, ownership, or interest in the artworks
For sharing it on social media platforms, blogs, digital galleries, and other online platforms.
Sharing feedback, comments, or discussing the artwork.
To sell or trade the token or NFT associated with the artwork on other platforms or applications.
To use it in decentralized ecosystems and environments like Metaverse and virtual reality, virtual worlds, galleries, museums, and other digital hubs.
As a collector or owner, they have the freedom to display multiple copies of the work in virtual environments.

Commercial Use of Artwork

Collectors, referring to individuals who own the minted NFT ,after the creator (photographer/artist) sells it, have the right to do the following with the NFT they own:

Trade
Sell
Transfer
Use

They do not have the right to:

Sell copies of the artwork
Granting access to the artwork
Creating and selling derivatives of the artwork
Embodying the artwork
Commercially exploiting the artwork

Restriction On The Limited License Of The Collectors

A collector cannot 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 artwork 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 artwork 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 artwork 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 artwork.
6. Using the artwork for commercial gains.
7. Attempt to trademark, copyright, or acquire intellectual property rights for the artwork.
8. Attempt to mint, tokenize or create extra crypto tokens that represent the same artwork on or off the SEED.Photo website.
9. Falsify, misrepresent, or conceal the authorship of the artwork or the SEED NFT.
10. Utilize the artork for any third party’s commercial benefit.

The Limited License

To acquire a limited license for a SEED.Photo NFT, users must have lawful ownership, possession, and title of that specific NFT. These will entitle the individual to the limited license rights.

If users decide to engage in any of the following actions, their owner's rights will immediately terminate:

Transfer of the SEED.Photo NFT
Dispossession of the NFT
Burning the NFT
Selling or trading the NFT

Creator’s Rights and Restrictions

As the creator of an NFT, one reserves all legal rights, titles, and interests in all intellectual property rights to the creative artwork. These rights pertain to the SEED.Photo NFTs created or minted on the platform, entitling the creator to copyright and trademark rights.

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

Reproduce
Derivative
Distribute
Display
Perform

As a creator, one hereby understands, acknowledges, and agrees that minting an artwork on the SEED.Photo platform constitutes an express and affirmative grant of limited license rights to the artwork. These rights will be transferred to the subsequent owner as provided.

Minting Multiple Tokens Of The Same Artwork

The creator, owner, and artist of the original artwork agree not to mint multiple tokens of the same artwork. SEED.Photo NFTs are unique, and the uniqueness of NFTs is a key selling point. Therefore, there should only ever be one digital token of the same artwork.

Users acknowledge, understand, and agree that minting any work on the SEED.Photo 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.
They will not create a representation of a digital collectible using the exact same work.
The exception to this is to create a token or digital asset that represents legal, economic, or other interests for the exclusive rights belonging to them under copyright law.

Granting SEED.Photo a License to All Minted Artworks

By utilizing SEED.Photo’s platform to mint artworks, users immediately grant a direct and affirmative license to the platform, encompassing SEED.Photo, its affiliates, and successors.

The license granted is non-exclusive, worldwide, assignable, sub-licensable, perpetual, and royalty-free. It empowers the holder (SEED.Photo) to make copies of, display, perform, reproduce, or distribute the artwork on any media, whether known or later discovered, for the broad purposes of the website, 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 artwork in the database, indexes, catalogs, smart contracts, 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 on first-come and first-serve basis. There can only be one username assigned or associated with the incorporated blockchain’s respective wallet addresses. You hereby acknowledge:

A username is not the user’s intellectual property.
A username is not the user’s personal property.

SEED.Photo reserves the rights to delete, modify or change the username without prior notice in case of suspected violation of the policies.

Username Squatting

There isn't a SEED.Photo exclusive feature that allows reserving usernames or engaging in username squatting for future use. Since it operates on a first-come, first-served basis, the following actions will be taken against users violating the username 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 does not permit the reservation of any inactive account for future use. An inactive user may be deleted from SEED.Photo without prior warning or notice.

SEED.Photo reserves the complete and exclusive rights to delete or modify inactive users.

Users are considered inactive if they have not conducted any transactions on the SEED.Photo platform (or Marketplace), collected any item, or used any of the Blockchains (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. 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:

SEED.Photo contacts the user responsible for the infringement of the content.
If applicable, the offender may file a counter-notification.
Upon review, if the counter-notification is deemed valid, the content is restored.
If SEED.Photo receives a DMCA notice indicating legal action has been taken, such as seeking a court order to restrain the alleged infringement, exceptions will be made, and compliance with court orders will be followed.

It's important to note that SEED.Photo's privacy policy does not protect the information provided in the DMCA takedown notice or counter-notification. For any queries, questions, or guidance, users are advised to seek assistance from an attorney.

Filing a DMCA Notice

If the user is the copyright owner of any content being infringed upon on the platform, it is suggested that they first reach out to SEED.Photo. However, they have the freedom to submit a notification pursuant to the DMCA. In either case, they will need to provide the following in writing:

1- A signature of the rightful owner of the exclusive rights to the infringed content, which can be physical or electronic. This signature should authorize them to act on behalf of the person, even if they are the owner.
2- Proof of the infringement by identifying the copyrighted work that the content has been infringed from. In the case of multiple copyrighted offenses, a list of all the works on the site.
3- The content, material, item, NFT, or anything on the platform claimed to infringe the rights. Provide the appropriate identification material for SEED.Photo to remove the said content or item. Accurate information is needed to locate the material and remove or disable the content. Providing the direct URL to the page or content is one of the best ways.
4- Contact information from the complaining party that sufficiently permits SEED.Photo to contact them, if needed. This should include an email address, real-world address, and contact number.
5- A written statement that the content was not authorized by the copyright owner, its agent, or the law. As mentioned in the first point, a signature accompanying the statement from the owner of the copyright (even if it is the user or someone they represent) is required.
6- A statement that the information in the notification is accurate, and under penalty of perjury, that they are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Users may also choose to provide SEED.Photo with information to contact the offender, give them a warning, or specify the desired actions they want to be taken. This is especially the case if they only want to warn the participant and not take drastic measures. They may also opt to share the offender's contact information or profile for SEED.Photo to contact them and provide them with the notice if needed.

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 is found to be invalid and is rejected, or if the complaint is determined to be a misrepresentation, misidentification, or a mistake, then the complaining party shall be liable to SEED.Photo and others for any damages and costs incurred. This includes attorney and legal fees, by SEED.Photo and the accused party, in removing or disabling access to the material or content claimed to be infringed. Additionally, replacing, enabling, or restoring the content will also incur 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 Seed.Photo if the DMCA infringement take-down notification has taken place.

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

A counter-notification should have the following:

1. A signature, whether physical or electronic, for the identification of the accused. If representing the accused, a statement indicating representation along with their signature is required.
2. Identification of the material that has been removed (URL and other necessary information).
3. A written statement expressing good faith belief that the material removed or disabled resulted from a mistake, misinterpretation, or misidentification of the material.
4. Essential contact information for SEED.Photo to reach out, including address, telephone number, and email address.
5. A statement consenting to the jurisdiction of the relevant court (e.g., US District Court in the state of residence).
6. A statement accepting service of process from the complaining party who filed the notification for alleged infringement.

Users will have 10 days to file a counter-notification after receiving the DMCA takedown notice. Sending a compelling counter-notification is essential for it to be effective. Failure to do so may result in the infringing material not being restored indefinitely. Similarly, if users believe that the content was infringing and still decide to post a counter-notification, they will be liable for any damages and costs incurred. This includes fees and costs of using resources during this timeframe

Make Sure To Comply With The Requirements

It is important to fully adhere to the guidelines outlined above, as official DMCA notices should encompass all required information. In cases where a notice is deemed ineffective, SEED.Photo reserves the right to disregard it. There will be no obligation to remove the infringing content if the legal notice cannot be provided.

SEED.Photo Has the Right to Remove Allegedly Infringing Content

Whether SEED.Photo receives a DMCA notice or not, the platform reserves the right to remove any content or material suspected of allegedly infringing another person’s copyright or trademark.

SEED.Photo may restrict access to and visibility of the artwork or digital asset on the site.
The platform 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 acknowledgment, agreement, and assumption that any item may be subsequently removed 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, similar steps may be taken by SEED.Photo.

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

SEED.Photo Has the Right to Terminate The Account

SEED.Photo maintains strict policies against copyright and trademark infringement. Upon being found guilty, an account could be subject to deletion.

The platform firmly enforces a repeat infringement policy. In cases of repeated offenses, SEED.Photo may opt to delete the account or terminate the member’s access to the website, marketplace, and Smart contracts, along with all associated privileges.

SEED.Photo reserves the right to impose similar measures for any account found to be in violation of other terms or offenses. For instance, violations of privacy policies or terms and conditions regarding the creation of pornographic, hateful, or obscene content, or engaging in suspicious activities to mint items.

SEED.Photo reserves the right to terminate any account or remove material that violates its 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 NFT 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

Users agree to cooperate and promptly respond to all requests, investigations, and inquiries from SEED.Photo regarding any DMCA dispute or allegation.

In the event of a valid DMCA takedown notice, users 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, agents 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 website. This includes:

The content of any third-party websites
Services linked to or integrated with our site.
Products, their value or title of seed NFTs.

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

Errors, mistakes, or inaccuracies of content of any kind on the platform.
Emotional or property damage resulting from your access to or use of the site or consumption of any products.
Any unauthorized access to or use of our servers
Any unauthorized access to any personal information or user data.
Any interruption of transmission to or from the site.
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.
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.
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 any implied warranties, is limited to the total amount paid by the user in fees within the past twelve (12) months.

SEED.Photo strongly adheres to the laws of the jurisdiction. These terms are applicable to the extent permitted by the law of the jurisdiction. Certain jurisdictions may not allow the exclusion of certain warranties and limitations of liability provided in this section.

If the user is in such a jurisdiction, some of the above limitations and disclaimers may not apply.

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

Assumption of the Risk

Users Acknowledge The Risks of Cryptocurrency and Smart Contracts

Users agree to understand and accept the risks associated with cryptographic systems, including the blockchain, smart contracts, incorporated Blockchains, NFTs (Non-Fungible Tokens), and the Interplanetary File System (IPFS).

SEED.Photo will not be responsible or liable for any loss incurred by users as a result of their use of the mentioned technology, including Electronic Wallets (MetaMask and WalletConnect). This includes losses, damages, and claims arising from:

Errors on the user’s end (such as forgotten passwords, incorrect smart contracts, smart contract construction errors, etc.).
Server failure or data loss.
Unauthorized access by or to third parties.
Activities such as phishing, viruses, and other attacks from third parties.
Corrupted wallet files leading to loss

SEED.Photo is Not Responsible for Technical Errors on the Incorporated Blockchains.

SEED.Photo disclaims liability for any losses arising from the blockchains (such as Binance, Ethereum, Polygon & SUI), E-wallets, or Smart Contracts.

The platform does not accept liability for any feature or tool used to access or utilize SEED.Photo, including browsers, wallets, etc.

SEED.Photo is not responsible if developers of the respective tools, features, networks, or technologies fail to provide reports or offer delayed reports.

Any issues occurring on these platforms, including fund losses due to technical node issues or crashes/downtime of the integrated blockchains, are not the responsibility of SEED.Photo.

The platform is not liable for upgrades on the integrated blockchains, changes in transaction methods, confirmation of transactions on the respective platform, Smart Contracts, or any alterations in the blockchain's ecosystem that may affect SEED's ecosystem.

Acknowledgement To the Risks of the Platform

The user acknowledges that SEED.Photo, as a growing digital platform, may encounter flaws. They are solely responsible for evaluating and auditing any code provided by the platform.

SEED.Photo is not obligated to notify users of potential risks or keep them informed about accessing or using the platform. Given its global availability, the platform is susceptible to various threats and cyber-attacks.

Potential issues include downtime, server maintenance, upgrades, glitches following upgrades, and operational difficulties. Users accept the risk of platform failure due to unforeseen technical challenges, such as attacks or excessive use.

The user agrees not to hold SEED.Photo responsible for any loss resulting from these situations. SEED.Photo will not be liable for damages, interruptions, or losses caused by attacks, viruses, or technical issues, including phishing or DDOS attacks.

SEED.Photo Does Not Guarantee the Value or Title

The user acknowledges that their assets, artwork, and NFTs could be subject to the extreme volatility of the blockchain and cryptocurrency.

This volatility means that:

The lack of use, trends, or public interest in the ecosystem could impact the value of the minted item.
The value of the SEED.Photo NFT is tied to the perceived value of the platform, the blockchain, and the minted items.
The entire platform, its blockchains, or NFT assets could be affected positively or negatively by inquiries, policies, and other factors.
Any impact on these assets could impede or limit access to the platform, smart contracts, or BNC.

Acknowledging Financial Risks of Digital Assets

Use of the platform (SEED.Photo), including the creating, buying, or selling trading digital assets, may carry financial risks. 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.

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

By using SEED.photo, users agree that they will be solely responsible for making their own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets.
Users represent that they have sufficient knowledge, market understanding, professional insights, and experience to make their evaluation of the merits and risks of any transaction conducted on or through SEED.photo for any underlying digital asset.
Users accept all consequences of using the Platform, including the risk that they may lose access to their digital assets indefinitely. All transaction decisions are made solely by them.
Notwithstanding anything in this Agreement, we take no responsibility and will not be liable to users 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

Users are advised that none of the information or statements available on SEED.Photo constitute investment suggestions or insights. SEED.Photo and its affiliated parties do not offer financial advice or insights on the platform's financial terms.

Any information, statement, or suggestion provided does not guarantee insights or future performance. Users are cautioned against placing blind trust or undue reliance on them.

NFT tokens entail numerous unknown risks, uncertainties, and unpredictable elements. Therefore, actual performance and results may significantly differ from any projections. Users bear sole responsibility for conducting research and due diligence before making any decisions.

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

The user agrees to resolve any dispute with SEED.Photo through binding and final arbitration, foregoing the option of court proceedings and jury trials.

Binding arbitration can cover:

Controversies
Claims and counterclaims
Disputes related to the platform's terms and policies
Disputes regarding NFTs, SEED Items, and the platform.

Upon submission, an arbitrator will be appointed to review the dispute. The arbitrator's decision will be final and binding, enforceable in any court of competent jurisdiction.

Both parties agree to keep the arbitration proceedings confidential.

Exceptions to confidentiality include:

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

This arbitration agreement does not prevent either party from seeking action by federal, state, or local government agencies.

Both parties retain the right to bring qualifying claims in small claims court.

Both parties also retain the right to seek provisional relief from any court of competent jurisdiction, including pre-arbitral attachments or preliminary injunctions. Such actions do not waive the right to arbitration as provided in these terms.

Arbitration Costs

If a user demonstrates that the costs of arbitration are prohibitive compared to litigation costs, SEED.Photo will cover the necessary administrative costs and arbitrator fees, as determined by the arbitrator. The final award may apportion these costs and arbitrator compensation among the parties as deemed appropriate by the arbitrator.

Class Action Waiver

Users may not act as a class representative or private attorney general, nor participate as a class member with respect to any claim.
Users may not arbitrate claims on a class or representative basis
Users 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 the Terms, Privacy Policies, and Community Guidelines are subject to change, either over time or due to disputes.

The most recent version will be posted, along with the last edited or revised date, for user reference. Once altered on the platform, these terms take immediate effect.

Users are responsible for reviewing and familiarizing themselves with the terms and conditions, keeping abreast of any changes or modifications.

SEED.Photo will endeavor to inform users about updates or revisions to policies or terms, contacting them via the provided contact information (email).

As stipulated at the outset of these terms, users' use of the platform signifies agreement to these terms and other policies.

Additionally, modifications or changes to any part of the platform may occur without prior notice.

Changes To Smart Contract

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

Users 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 Platform including any violations of terms and conditions, suspicious market activity, extremist movements, infringement, or other scenarios.

However, users 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.Photo’s policies.

Indemnification

Users 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 them, a co-conspirator, or anyone else using the user’s account.

If SEED.Photo assumes the defense of such a matter, users are expected to reasonably cooperate with SEED.Photo in the defense process.

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

Users may terminate their agreement with these terms at any time by canceling their account on SEED.Photo. Upon discontinuation of access to the platform, users will no longer be bound by these terms. However, no refunds will be provided in such cases.

SEED.Photo reserves the right to terminate these Terms and suspend or terminate user accounts.

Users understand that any suspension or termination of access to SEED.Photo may occur without prior notice.

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

If SEED.Photo terminates these Terms or suspends/terminates user access to the platform due to user breach of these Terms or suspected fraudulent, abusive, or illegal activity, termination will be in addition to any other remedies or penalties imposed by law or equity.

Upon termination or expiration of these Terms, whether initiated by the user or SEED.Photo, users may no longer have access to information posted on SEED.Photo or related to their account.

Users understand, agree, and acknowledge that SEED.Photo has no obligation to maintain any information in its databases or forward any such information to users or third parties.

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 the 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 where SEED.Photo is registered and where users access the platform from.
Users agree that any action arising from or relating to these Terms, the Site, or SEED.Photo's Products will be filed only in the relevant courts.
Users consent and submit to the personal jurisdiction of such courts for any action.
The failure by SEED.Photo to enforce any right or provision of these Terms will not prevent it from enforcing it in the future.
SEED.Photo may assign its 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 queries, information, insights, or suggestions, users are advised to contact SEED.Photo through its official contact information listed on the platform.

Users are encouraged to print a copy of these Terms, the Privacy Policy, and the Community Guidelines.

Users are advised to check the website frequently for any changes in the Terms, Privacy Policy, or Community Guidelines. SEED.Photo will make efforts to keep users up to date and notified of any changes through the contact information provided by them.