Terms of Services

Last Updated: November 1, 2023

These Terms of Service (the “Agreement”) explains the terms and conditions by which you may access and use https://greedy.art and any subdomains associated with the Website. You must read this Agreement carefully as it governs your use of the Website. By accessing or using the Website, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Website and should not use the Website.

Introduction

The website provides access to a decentralized protocol for conducting NFT auctions with own an algorithmic token on the public BNB Chain blockchain and serves as a bridge between artists and the global audience of art enthusiasts and collectors. The Website is one, but not the exclusive, means of accessing the Protocol.

To access the Website, you must use non-custodial wallet software, which allows you to interact with public blockchains. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service of that third party, not this Agreement. Wallets are not operated by, maintained by, or affiliated with us, and we do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. By connecting your wallet to our Website, you agree to be bound by this Agreement and all of the terms incorporated herein by reference.

Modification of this Agreement

We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any material modifications, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement at https://docs.greedy.art/legal/terms-of-services. All modifications will be effective when they are posted, and your continued accessing or use of the Website will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Website.

Website for accessing Protocol

The Website is distinct from the Protocol and is one, but not the exclusive, means of accessing the Protocol. The Protocol comprises open-source or source-available self-executing smart contracts that are deployed on public blockchain BNB Chain.

GreedyArt does not control or manage GREEDY tokens and the auctions conducted through the decentralized protocol on any blockchain network. By using the website, you understand that you are not buying or selling GREEDY tokens or NFTs directly from us and that we do not conduct auctions or control the progress of auctions on the protocol. GreedyArt does not list GREEDY tokens and NFTs for sale and is not a participant in the auctions; sellers and buyers in the auctions are independent parties.

Eligibility

To access or use the Website, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., 18 years old in the United States) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Website.

You further represent that you are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. Finally, you represent that your access and use of the Website will fully comply with all applicable laws and regulations, and that you will not access or use the Website to conduct, promote, or otherwise facilitate any illegal activity.

Intellectual Property Rights

GreedyArt owns all intellectual property and other rights in the Website and its contents, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, designs, and its “look and feel.” Unlike the Website, the Protocol are comprised entirely of open-source or source-available software running on public blockchains.

By using the Website to list, post, promote, or display NFTs, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you post on or through the Website for our current and future business purposes, including to provide, promote, and improve the services. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any NFTs that you list, post, promote, or display on or through the Website. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above, and that the content does not violate any laws.

Additional Rights

We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate or add to the Website; (b) to review, modify, filter, disable, delete and remove any and all content and information from the Website; and (c) to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.

Prohibited Activity

You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Website:

• Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.

• Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.

• Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.

• Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics pumping and dumping, and wash trading.

• Securities and Derivatives Violations. Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives.

• Sale of Stolen Property. Buying, selling, or transferring of stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items.

• Data Mining or Scraping. Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from the Website.

• Objectionable Content. Activity that involves soliciting information from anyone under the age of 18 or that is otherwise harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable.

• Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of the United States or another relevant jurisdiction, including (but not limited to) the restrictions and regulatory requirements imposed by U.S. law.

Non-Solicitation; No Investment Advice

You agree and understand that: (a) all trades you submit through the Website are considered unsolicited, which means that they are solely initiated by you; (b) you have not received any investment advice from us in connection with any trades; and (c) we do not conduct a suitability review of any trades you submit.

We may provide information about NFT tokens on the Website, obtained from third-party resources such as NFT trading platforms, IPFS, and other services that store token metadata.

We are not attempting to induce you to make any purchase as a result of information provided. All such information provided by the Website is for informational purposes only and should not be construed as investment advice or a recommendation that a particular NFT token is a safe or sound investment. You should not take, or refrain from taking, any action based on any information contained in the Website. By providing NFT token information for your convenience, we do not make any investment recommendations to you or opine on the merits of any transaction or opportunity. You alone are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.

We never say, declare, guarantee or promise any profit to users of the website, NFT sellers and buyers, and buyers/sellers of Greedy tokens.

Non-Custodial and No Fiduciary Duties

The Website is a purely non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. It further means you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold and you should never share your wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a wallet and make no representations or warranties regarding how the Website will operate with any specific wallet. Likewise, you are solely responsible for any associated wallet and we are not liable for any acts or omissions by you in connection with or as a result of your wallet being compromised.

This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.

Compliance and Tax Obligations

The Website may not be available or appropriate for use in your jurisdiction. By accessing or using the Website, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.

Specifically, your use of the Website or the Protocol may result in various tax consequences, such as income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions.It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority.

Assumption of Risk

By accessing and using the Website, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as Binance Coin (BNB), GREEDY token, so-called stablecoins (USDT), NFT tokens, and other digital tokens such as those following the Ethereum Token Standard (ERC-20).

In particular, you understand that the markets for these digital assets are nascent and highly volatile due to risk factors including (but not limited to) adoption, speculation, technology, security, and regulation. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. So-called stablecoins may not be as stable as they purport to be, may not be fully or adequately collateralized, and may be subject to panics and runs.

Further, you understand that smart contract transactions automatically execute and settle, and that blockchain-based transactions are irreversible when confirmed. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as BNB chain are variable and may increase dramatically at any time.

If you are a seller of NFT tokens, you acknowledge that the sale price of your tokens is determined exclusively by the number and total of bids made. Bidders may value your NFTs at a lower price than you might wish to receive. Additionally, you recognize that all tokens are sold for BNB tokens, which are subject to continuous fluctuations in exchange rates relative to other tokens.

As a participant in the auction process, you acknowledge and agree that all bids placed in the auctions are final and non-refundable. Should your bid not be the winning bid, you accept that your funds will be irrevocably forfeited.

As a buyer or seller of GREEDY tokens, you must understand and accept the inherent risks associated with the algorithmic nature of these tokens. The price of GREEDY tokens is regulated by a smart contract, which means it is subject to the mechanisms and conditions set within the contract's programming. Regulatory changes, and technological vulnerabilities could potentially affect the token's performance and value.

In summary, you acknowledge that we are not responsible for any of these variables or risks, do not own or control the Protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Website. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Website to interact with the Protocol.

YOU ACKNOWLEDGE AND AGREE THAT THERE ARE NUMEROUS RISKS ASSOCIATED WITH PURCHASING GREEDY TOKEN AND NFTS, HOLDING GREEDY TOKEN & NFT. YOU EXPRESSLY ACKNOWLEDGE, ACCEPT AND ASSUME THE FOLLOWING RISKS:

1. UNCERTAIN REGULATIONS AND ENFORCEMENT ACTIONS: THE REGULATORY STATUS OF GREEDY TOKEN AND DISTRIBUTED LEDGER TECHNOLOGY IS UNCLEAR OR UNSETTLED IN MANY JURISDICTIONS. THE REGULATION OF VIRTUAL CURRENCIES HAS BECOME A PRIMARY TARGET OF REGULATION IN ALL MAJOR COUNTRIES IN THE WORLD. IT IS IMPOSSIBLE TO PREDICT HOW, WHEN OR WHETHER REGULATORY AGENCIES MAY APPLY EXISTING REGULATIONS OR CREATE NEW REGULATIONS WITH RESPECT TO SUCH TECHNOLOGY AND ITS APPLICATIONS, INCLUDING GREEDY TOKEN. REGULATORY ACTIONS COULD NEGATIVELY IMPACT TOKEN GREEDY IN VARIOUS WAYS. THE FOUNDATION, THE DISTRIBUTOR (OR ITS AFFILIATES) MAY CEASE OPERATIONS IN A JURISDICTION IN THE EVENT THAT REGULATORY ACTIONS, OR CHANGES TO LAW OR REGULATION, MAKE IT ILLEGAL TO OPERATE IN SUCH JURISDICTION, OR COMMERCIALLY UNDESIRABLE TO OBTAIN THE NECESSARY REGULATORY APPROVAL(S) TO OPERATE IN SUCH JURISDICTION.

2. INADEQUATE DISCLOSURE OF INFORMATION: AS AT THE DATE HEREOF, THE GREEDY PROJECT IS STILL UNDER DEVELOPMENT AND ITS DESIGN CONCEPTS, CODES, AND OTHER TECHNICAL DETAILS AND PARAMETERS MAY BE CONSTANTLY AND FREQUENTLY UPDATED AND CHANGED. ALTHOUGH THIS DRAFT CONTAINS THE MOST CURRENT INFORMATION RELATING TO THE GREEDY PROJECT, IT IS NOT ABSOLUTELY COMPLETE AND MAY STILL BE ADJUSTED AND UPDATED BY THE GREEDY DEVELOPMENT TEAM FROM TIME TO TIME. THE GREEDY DEVELOPMENT TEAM HAS NO ABILITY AND OBLIGATION TO KEEP HOLDERS OF GREEDY TOKEN INFORMED OF EVERY DETAIL (INCLUDING DEVELOPMENT PROGRESS AND EXPECTED MILESTONES) REGARDING THE PROJECT, HENCE INSUFFICIENT INFORMATION DISCLOSURE IS INEVITABLE AND REASONABLE.

3. FAILURE TO DEVELOP: THERE IS THE RISK THAT THE DEVELOPMENT OF THE GREEDY PROJECT WILL NOT BE EXECUTED OR IMPLEMENTED AS PLANNED, FOR A VARIETY OF REASONS, INCLUDING WITHOUT LIMITATION THE EVENT OF A DECLINE IN THE PRICES OF ANY DIGITAL ASSET, VIRTUAL CURRENCY OR GREEDY TOKEN, UNFORESEEN TECHNICAL DIFFICULTIES, AND SHORTAGE OF DEVELOPMENT FUNDS FOR ACTIVITIES.

4. SECURITY WEAKNESSES: HACKERS OR OTHER MALICIOUS GROUPS OR ORGANIZATIONS MAY ATTEMPT TO INTERFERE WITH GREEDY TOKEN AND/OR THE GREEDY PROJECT IN A VARIETY OF WAYS, INCLUDING, BUT NOT LIMITED TO, MALWARE ATTACKS, DENIAL OF SERVICE ATTACKS, CONSENSUS-BASED ATTACKS, SYBIL ATTACKS, SMURFING AND SPOOFING ETC.

5. OTHER RISKS: IN ADDITION, THE POTENTIAL RISKS BRIEFLY MENTIONED ABOVE ARE NOT EXHAUSTIVE AND THERE ARE OTHER RISKS (AS MORE PARTICULARLY SET OUT IN THE TERMS AND CONDITIONS) ASSOCIATED WITH YOUR PURCHASE, HOLDING AND USE OF NFT AND GREEDY TOKEN. GREEDY TOKENS IS AIMED SOLELY AT PERSONS WHO HAVE SUFFICIENT KNOWLEDGE AND UNDERSTANDING OF BLOCKCHAIN AND CRYPTOGRAPHIC TOKENS AND OTHER DIGITAL ASSETS, SMART CONTRACTS, STORAGE MECHANISMS (SUCH AS DIGITAL OR TOKEN WALLETS) BLOCKCHAIN-BASED SOFTWARE SYSTEMS AND BLOCKCHAIN OR DISTRIBUTED LEDGER TECHNOLOGY, TO BE ABLE TO EVALUATE THE RISKS AND MERITS OF A PURCHASE OF NFTS, GREEDY TOKENS AND ARE ABLE TO BEAR THE RISKS THEREOF, INCLUDING LOSS OF ALL AMOUNTS PAID AND LOSS OF GREEDY TOKENS PURCHASED. POTENTIAL PURCHASERS MUST FURTHER MAKE THEIR OWN INDEPENDENT ASSESSMENT, AFTER MAKING SUCH INVESTIGATIONS AS THEY CONSIDER NECESSARY, OF THE MERITS OF, AND THEIR SUITABILITY FOR, PURCHASING ANY NFTS, GREEDY TOKENS AND SHOULD CONSULT THEIR ACCOUNTING, LEGAL AND TAX REPRESENTATIVES AND ADVISERS IN ORDER TO EVALUATE THE ECONOMIC, LEGAL AND TAX CONSEQUENCES OF PURCHASING NFTS, GREEDY TOKENS.

Release of Claims

You expressly agree that you assume all risks in connection with your access and use of the Website. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Website. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides: "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Indemnity

You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Website; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party's access and use of the Website with your assistance or using any device or account that you own or control.

No Warranties

The Website is provided on an "AS IS" and "AS AVAILABLE" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (BUT NOT LIMITED TO) THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You acknowledge and agree that your use of the Website is at your own risk. We do not represent or warrant that access to the Website will be continuous, uninterrupted, timely, or secure; that the information contained in the Website will be accurate, reliable, complete, or current; or that the Website will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the Website. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Website.

Similarly, the Protocol is provided "AS IS", at your own risk, and without warranties of any kind. Although we contributed to the initial code for the Protocol, we do not provide, own, or control the Protocol, which is run autonomously without any headcount by smart contracts deployed on BNB chain.

No developer or entity involved in creating the Protocol will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the Protocol, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, tokens, or anything else of value. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Website.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF THE WEBSITE, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR THE INFORMATION CONTAINED WITHIN IT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE WEBSITE; (C) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO THE WEBSITE; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH THE WEBSITE; AND (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

PLEASE NOTE THE FOLLOWING RISKS OF USING GREEDY ART SERVICES:

THE RISK OF LOSS IN HOLDING ANY CRYPTOGRAPHIC TOKENS AND NFT CAN BE SUBSTANTIAL. USERS OF WEBSITE SHOULD THEREFORE CAREFULLY CONSIDER WHETHER HOLDING ANY CRYPTOGRAPHIC TOKENS AND NFT. WHEN USING A GREEDY WEBSITE AND SERVICES, USERS (PARTICIPANTS) ACKNOWLEDGE THAT THE GREEDY PROJECT IS NOT RESPONSIBLE FOR ANY LOSSES RESULTING FROM MARKET CHANGES OR ACCOUNT MISAPPROPRIATION. USERS UNDERSTAND AND AGREE THAT ANY CRYPTOGRAPHIC TOKENS, NFTS, BLOCKCHAIN TECHNOLOGY OR DISTRIBUTED LEDGER TECHNOLOGY RELATED PROJECTS ARE NEW AND RELATIVELY UNTESTED AND OUTSIDE OF BOTH THE PARTICIPANT AND THE PROJECT’S EXCLUSIVE CONTROL. ANY ADVERSE CHANGES IN MARKET FORCES, THE TECHNOLOGY AND REGULATORY ENVIRONMENT IMPACTING THE GREEDY PERFORMANCE UNDER THIS DOCUMENT ABSOLVE GREEDY FROM RESPONSIBILITY IN THIS REGARD, INCLUDING BUT NOT LIMITED TO HACKING ATTACKS, POSSIBLE THEFT, UNFAVOURABLE REGULATORY ACTION, OR UNCLEAR LEGAL/TAX STATUS OF CRYPTOGRAPHIC TOKENS, NFTS. USERS AGREE AND ACKNOWLEDGE THAT THE GREEDY DOES NOT REPRESENT OR WARRANT THAT ANY GREEDY SERVICES OR GREEDY WEBSITE ARE SECURE FROM A HACKER OR OTHER MALICIOUS ATTACK, WHICH MAY RESULT IN THE STEALING FUNDS OR ANY DATA. IF USERS VIOLATE THE PROVISIONS OF THIS DOCUMENT, ANY RESTRICTIONS, IT IS ENTIRELY THE RESPONSIBILITY OF THE USERS THEMSELVES.

Dispute Resolution

We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to [e-mail] so that we can attempt to resolve it without resorting to formal dispute resolution.

Class Action and Jury Trial Waiver

You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.

Entire Agreement

These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.

Gas Fees

Blockchain transactions require the payment of transaction fees to the appropriate network (“Gas Fees”). Except as otherwise expressly set forth in the terms of another offer by GreedyArt, you will be solely responsible to pay the Gas Fees for any transaction that you initiate.