NFT War – Terms of Use Welcome to NFT War. These Terms of Use, including any terms and conditions incorporated by reference (collectively, these “Terms”) constitute a binding agreement between you and Manatee Media, LLC (referred to as “NFT War”, “we”, “us” or “our”) when you access any website offered by us, including www.nftwar.io (the "Website"), any mobile app offered by us, any Game, or any other platform we may provide (individually and collectively, the “Platform”) and any features, functions, services, products, rewards, offers, Content (as defined below), materials, or information available on or through the Platform (collectively the “Services”), in existence now or in the future. You are referred to herein as “you” or “your” and when we use “you” or “your” we are referring to you and any person, party or entity who uses the Platform or any Services. Together, you and NFT War are referred to herein as “Parties.” The Privacy Policy posted at https://nftwar.io/privacy also forms part of these Terms. In the future, we may change these Terms. If we decide to change these Terms, the effective date will be posted so that you will always know what terms of use apply when you use the Platform or Services. These Terms were last updated on 08/09/2021. BY USING THE PLATFORM AND SERVICES, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST DISCONTINUE YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES. You agree not to gain unauthorized access to the Platform or Services, or any account, computer system or network connected to the Platform or otherwise, for example, through hacking, password mining or any other illicit means. Any breach of these Term immediately terminates your right to access and use the Platform and Services and all rights and licenses granted to you by these Terms. 1. Linking Your Digital Wallet (a) You do not have to create an account in order to use or access the Platform. However, in order to access certain Services, including playing NFT War, you will need to link a digital wallet owned by you to our Services. The digital wallets that we support are listed on our Website. We do not own or control any of the digital wallets that we support, and our support of a specific digital wallet should not be interpreted as our endorsement or guarantee of the functionality of that digital wallet. Your use of the digital wallet you choose to use is at your own risk and subject to the terms and conditions of that digital wallet. (b) You are responsible for all use of your digital wallet and for any actions that take place using your digital wallet, whether by you or by another person. You are solely responsible for keeping your digital wallet private key confidential and secure. 2. Acknowledgments and Assumptions of Risk (a) You acknowledge and agree that there are risks associated with purchasing, holding, and using your NFT’s supported by the platform. By purchasing, holding and using a NFT’s supported by the platform, you expressly acknowledge and assume all risks including, but not limited to: forgotten passwords; inability to access or use your digital wallet for any reason; mistyped addresses or improperly constructed instructions when transmitting or receiving NFT’s supported by the platform NFTs or any cryptocurrency; errors in the smart contract that mints NFT’s supported by the platforms; errors in the NFT’s supported by the platforms; errors in our Platform or Services; inability to access or transfer a NFT’s supported by the platform; inability to use, access, copy, or display the NFT’s supported by the platform or any Digital Content; blockchain malfunctions or other technical errors; server failure or data loss; telecommunications failures; unfavorable regulatory determinations or actions (including with respect to NFTs or cryptocurrencies); taxation of NFTs or cryptocurrencies; uninsured losses; unanticipated risks; volatility risks in the value of NFT’s supported by the platforms and cryptocurrencies; cybersecurity attacks; weaknesses in NFT War’ security; personal information disclosure; unauthorized access to applications; unauthorized third-party activities, including, without limitation, the introduction of viruses or other malicious code; and the use of phishing, sybil attacks, 51% attacks, bruteforcing, changes to the protocol rules of the Ethereum blockchain (i.e., “forks”), or other means of attack that affect, in any way, the NFT’s supported by the platforms or the Digital Content (the foregoing, collectively, "Platform Risks"). If you have any questions regarding these risks, please contact us at the email address provided at the end of these Terms. (b) You acknowledge that you have a sufficient understanding of the functionality, usage, storage, transmission mechanisms and other material characteristics of, blockchain technology, NFTs, digital assets, digital wallets, and cryptocurrencies to understand these Terms and to appreciate the risks and implications of purchasing a NFT’s supported by the platform. (c) You acknowledge that we do not provide any application or other service to receive, access, view, or display your NFT’s supported by the platform or any Digital Content, and do not guarantee you will be able to do so. It is your responsibility to procure a digital wallet or other means to allow for you to access or view your NFT’s supported by the platform and the Digital Content, and to store the requisite private key(s) or other credentials necessary to access your digital wallet or other technologies. You acknowledge that the risk of acquiring a NFT’s supported by the platform from us; holding and using the NFT’s supported by the platform; and transferring your NFT’s supported by the platform to others rests entirely with you. If your private key(s) or other access credentials are lost, you may lose access to your NFT’s supported by the platform. We are not responsible for any such losses, including, but not limited to, losses arising from third-party service providers. (d) You acknowledge and represent that there is substantial uncertainty as to the characterization of NFTs and other digital assets under applicable law. You acknowledge that your purchase of a NFT’s supported by the platform complies with applicable laws and regulation in your jurisdiction. (e) We are not responsible if your NFT’s supported by the platform or any Digital Content becomes inaccessible to you for any reason, or for any modifications or changes to your NFT’s supported by the platform or any Digital Content including any deletion, removal, or inaccessibility on our Platform or otherwise. You acknowledge that the NFT’s supported by the platform graphical image can be copied and distributed and that we cannot guarantee that additional copies of the NFT’s supported by the platform associated with your NFT’s supported by the platform will not be created by others. You also acknowledge and agree that we or any third party on our behalf could make additional copies of, and distribute, the NFT’s supported by the platform associated with your NFT’s supported by the platform, and could sell or otherwise assign the copyright or other intellectual property rights or economic rights in such NFT’s supported by the platform. (f) You also acknowledge and agree that: (i) The prices of blockchain assets are extremely volatile, subjective and have noninherent or intrinsic value. Fluctuations in the price of other digital assets could materially and adversely affect the NFT’s supported by the platforms, which may also be subject to significant price volatility. In addition, a lack of use or public interest in NFTs could negatively impact the potential utility or value of your NFT’s supported by the platform. Each NFT’s supported by the platform has no inherent or intrinsic value. We cannot guarantee that any purchasers of NFT’s supported by the platforms will retain their original value, as their value is inherently subjective and factors occurring outside of the Platform may materially impact the value and desirability of any particular NFT’s supported by the platform. (ii) Our Services do not store, send, or receive NFT’s supported by the platforms. Your NFT’s supported by the platforms exist only by virtue of the ownership record maintained on the Ethereum blockchain. Any transfer of NFT’s supported by the platforms occurs within the Ethereum blockchain and not on the Service or Platform. (iii) There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital wallet. (iv) The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Platform or Services, and therefore the potential utility or value of your NFT’s supported by the platforms. (v) Upgrades to the Ethereum blockchain, a hard fork in the Ethereum blockchain, or a change in how transactions are confirmed on the Ethereum blockchain may have unintended, adverse effects on all blockchains using the Ethereum blockchain’s NFT standard, including the Platform. 3. Your Warranties (a) You agree that you are responsible for your own conduct while accessing or using the Platform and Services, and for any consequences thereof. You agree to use the Platform only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. You warrant and agree that your use of the Platform and Services will not (and will not allow any third party to), in any manner, involve: (i) sending, uploading, distributing or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) the distribution of any viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) uploading, posting, transmitting or otherwise making available through the Platform or Services any content that infringes the intellectual proprietary rights of any party; (iv) using the Platform or Services to violate the legal rights (such as rights of privacy and publicity) of others; (v) engaging in, promoting, or encouraging illegal activity (including, without limitation, money laundering); (vi) interfering with other users’ enjoyment of the Platform or Services; (vii) exploiting the Platform or Services for any unauthorized commercial purpose; (viii) modifying, adapting, translating, or reverse engineering any portion of the Platform or Services; (ix) removing any copyright, trademark or other proprietary rights notices contained in or on the Platform or Services or any part of it; or reformatting or framing any portion of the Platform or Services; (x) displaying any content on the Platform or through the Services that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights; (xi) using any spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or Services, or to collect information about its users for any unauthorized purpose; (xii) accessing or using the Platform or Services for the purpose of creating a product or service that is competitive with any of our products or services; (xiii) abusing, harassing, or threatening another user of the Platform or Services or any of our authorized representatives; (xiv) using any abusive, defamatory, ethnically or racially offensive, harassing, harmful, hateful, obscene, offensive, sexually explicit, threatening or vulgar language when communicating with another user of the Platform or Services or any of our authorized representatives; (xv) impersonating another person (via the use of an email address or otherwise); or (xvi) acquiring NFT’s supported by the platforms through inappropriate or illegal means. 4. Digital Millennium Copyright Act Take-Down Procedures (a) We respect the intellectual property of others, and we ask you to do the same. Accordingly, NFT War has adopted the following policy. If you or any user of the Platform or Services believes its copyrights have been infringed, the copyright owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include: (i) A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party; (ii) Identification of the copyrights claimed to have been infringed; (iii) Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted; (iv) Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s copyrights that is to be removed and information reasonably sufficient to permit us to locate such materials; (v) A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and (vi) A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyright that is allegedly infringed. Pursuant to the Digital Millennium Copyright Act of 1976 (“DMCA”), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Manatee Media, LLC 320 Gold Ave Sw, Suite 620 Pmb 2195 Albuquerque, NM 87102 (b) Once notice is received, we will act expeditiously to review and if necessary to remove content on the Platform that infringes the copyrights of others and may disable the access to the Platform and its Services of anyone who uses them to repeatedly infringe the copyrights of others. We are not liable for any such removal and the claims of the Complaining Party may be referred to the United States Copyright Office for adjudication as provided in the DMCA. 5. General Disclaimers (a) NFT WAR MAKES NO WARRANTY, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE NFT’S SUPPORTED BY THE PLATFORMS, THE NFT WAR OR DIGITAL CONTENT, OR THE PLATFORM OR SERVICES, INCLUDING ANY WARRANTIES WITH RESPECT TO TITLE, NON-INFRINGEMENT, TECHNICAL OPERATION OR PERFORMANCE, DESCRIPTION, QUALITY (INCLUDING A NFT’S SUPPORTED BY THE PLATFORM"S DIGITAL DISPLAY), CONDITION, ATTRIBUTION, AUTHENTICITY, SCARCITY, IMPORTANCE, MEDIUM, PROVENANCE, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS SPECIFICALLY DISCLAIMED. EACH NFT’S SUPPORTED BY THE PLATFORM AND EACH NFT’S SUPPORTED BY THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. EXCEPT AS IS REQUIRED BY LOCAL LAW, ANY WARRANTY OF ANY KIND IS EXCLUDED BY THIS SECTION 11(b). (b) NFT WAR IS A PLATFORM PROVIDER. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. (c) We are not responsible to you for any reason (whether for breaching these Terms or any other matter relating to your purchase of any NFT’s supported by the platform) other than in the event of fraud or fraudulent misrepresentation by us or other than as expressly set out in these Terms. We have no responsibility to any person other than a purchaser in connection with the purchase of any NFT’s supported by the platform on this Platform. (d) Neither we nor you will be responsible for any failure to meet any obligation which we or you have under these Terms which is caused by circumstances beyond our or your reasonable control. This includes, but is not limited to fire, flood, natural disasters, armed conflict, terrorist attack, labor matters, pandemic, technology or telecommunications failures, cyberattacks, or any unauthorized third-party activities. (e) We will not be responsible or liable to you or any other party for errors or failures to execute any purchase of your NFT’s supported by the platform, including, without limitation, errors or failures caused by: (i) your failure to follow our instructions; (ii) any loss of connection to our Platform or Services unless caused by our gross negligence; (iii) a failure of any software or device used by you to purchase your NFT’s supported by the platform; or (iv) for any other failure to execute your NFT’s supported by the platform purchase or for errors or omissions in connection with this activity unless caused by our gross negligence. (f) NFT War makes no representation that NFT’s supported by the platform or any Services are legal or appropriate for use outside of the United States or that NFT’s supported by the platform NFTs or any Services may be exported from the United States or for import into any foreign country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access the Platform. 6. Limitation of Liability (a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT WILL NFT WAR BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION); AND (II) ANY DAMAGES ARISING FROM ANY PLATFORM RISKS AS SET FORTH IN SECTION 7, ARISING OUT OF OR IN ANY WAY RELATED TO THE SALE OR USE OF NFT’S SUPPORTED BY THE PLATFORM NFTS OR CRYPTOCURRENCIES OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF NFT WAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). (b) IN NO EVENT WILL THE AGGREGATE LIABILITY OF NFT WAR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE OWNERSHIP OF THE NFT’S SUPPORTED BY THE PLATFORMS, EXCEED THE AMOUNT OF THE INITIAL SALE ON OUR PLATFORM OF THE NFT’S SUPPORTED BY THE PLATFORM THAT IS THE SUBJECT OF THE CLAIM. (c) THE LIMITATIONS SET FORTH IN THIS SECTION 12 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT OF NFT WAR. 7. Release (a) To the maximum extent permitted by applicable law, you hereby release and waive all claims against NFT War and its affiliates, licensors, suppliers and sponsors, and each of their respective directors, officers, agents, contractors, partners, advisors, employees, licensors, content creators, voiceover talent, and suppliers from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with your use of the Platform or Services or purchase of a NFT’s supported by the platform. (b) To the extent that you do have any claims against NFT War, you agree that: (1) any and all disputes, claims and causes of action against NFT War arising out of or connected with your use of the Platform or Services shall be resolved individually, without resort to any form of class action; and (2) any and all claims, judgments and awards shall be limited to actual damages and out-of-pocket costs incurred, but shall in no event include attorneys’ fees. 8. Indemnification (a) You agree to indemnify and hold NFT War, its affiliates, licensors, suppliers and sponsors, and each of their directors, officers, employees and agents harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of your breach of these terms; your violation of laws, rules or regulations; your violation of any intellectual property right or other rights of another party; or your misuse of the Platform or Services. The foregoing defense and indemnification obligation will survive these Terms and your use of the Services or purchase of a NFT’s supported by the platform. You acknowledge and agree that NFT War may, at its option, control the defense or settlement of any such claims. 9. Termination (a) We reserve the right, in our sole and exclusive discretion, to refuse, suspend, restrict or terminate your access to the Platform or Services, or any portion thereof, without notice and for any reason or no reason. You acknowledge that we have the right, but not the obligation, to suspend or terminate your access to all or part of the Platform or Services: at the request of law enforcement or other government agencies; if the Platform or Services are discontinued or materially modified; upon the occurrence of any technical or security issues or problems; if you engage in any conduct that we believe, in our sole and exclusive discretion, violates any provision of these Terms or other incorporated agreements or guidelines or violates the rights of NFT War or third parties; or upon any breach by you of these Terms. 10. Miscellaneous (a) If any provision of these Terms is found to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. (b) These Terms and the Privacy Policy https://nftwar.io/privacy represent the entire agreement between you and NFT War relating to your right to access and use the Platform or Services, and supersede any and all prior or written or oral agreements between you and NFT War with respect to such subject matter. (c) No waiver by NFT War of any breach or default by you under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. Any waiver by NFT War must be in writing signed by NFT War. (d) These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of NFT War. These Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. No provision of these Terms provides any person or entity not a party to these Terms with any remedy, claim, liability, reimbursement or cause of action, or creates any other third-party beneficiary rights. Thank you for using our Platform and Services. If you have any questions regarding these Terms, the Platform, or the Services, please contact us by email at nftwario@gmail.com.