Terms of Service

Please read these terms of service ("terms of service", "terms") carefully before using https://lifty.io/ website (“website”, "service") operated by LQT Company Limited, F2-04, Oceanic House, Mahé, Seychelles ("us", 'we", "our").

Conditions of use

By using this website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. Lifty only grants the use and access of this website, its products, and its services to those who have accepted its terms.

Privacy policy

Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

Age restriction

You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. Lifty assumes no responsibility for liabilities related to age misrepresentation.

Intellectual property

You agree that all materials, products, and services provided on this website are the property of Lifty, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the Lifty intellectual property in any way, including electronic, digital, or new trademark registrations.

You grant Lifty a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.

User accounts

As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.

If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address it accordingly.

We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.

Creator Rights

The Creator owns all legal rights, titles, and interests in all intellectual property rights underlying the Digital Artwork minted by the Creator on the Lifty, including but not limited to copyrights and trademarks. As the copyright owner, the Creator has the right to reproduce, prepare derivative Digital Artwork, distribute, and display or perform the Digital Artwork.

Creators hereby acknowledge, understand, and agree that selling a Digital Artwork on Lifty constitutes an express representation, warranty, and covenant that the Creator has not, will not, and will not cause another to sell, tokenize, or create another cryptographic token representing a digital collectible for the same Digital Artwork, excepting, without limitation, the Creator’s ability to sell, tokenize, or create a cryptographic token or other digital asset representing a legal, economic, or other interest relating to any of the exclusive rights belonging to the Creator under copyright law.

The Creator hereby acknowledges, understands, and agrees that launching a Digital Artwork on Foundation constitutes an express and affirmative grant to Lifty, its affiliates and successors a non-exclusive, world-wide, assignable, sublicensable, perpetual, and royalty-free license to make copies of, display, perform, reproduce, and distribute the Digital Artwork on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising the Platform, or any other purpose related to Foundation, including without limitation, the express right to: (i) display or perform the Digital Artwork on the Lifty, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) create and distribute digital or physical derivative Digital Artwork based on the Digital Artwork; (iii) indexing the Digital Artwork in electronic databases, indexes, catalogues; and (iv) hosting, storing, distributing, and reproducing one or more copies of the Digital Artwork within a distributed file keeping system, node cluster, or other database (e.g., IPFS) or causing, directing, or soliciting others to do so.

Creators expressly represent and warrant that their Digital Artwork listed on Foundation contains only original content otherwise authorized for use by the Creator, and does not contain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Creator, not authorized for use by the Creator, not in the public domain, or otherwise without a valid claim of fair use, the Creator further represents and warrants that it has permission to incorporate the unoriginal content.

Collectors Rights

Collectors receive a cryptographic token representing the Creator’s Digital Artwork as a piece of property, but do not own the creative work itself. Collectors may display and share the Digital Artwork, but Collectors do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the Digital Artwork, excepting the limited license to the Digital Artwork granted by these Terms. Upon collecting a Digital Artwork, Collectors receive a limited, worldwide, non-assignable, non-sublicensable, royalty-free license to display the Digital Artwork legally owned and properly obtained by the Collector.

The Collector’s limited license to display the Digital Artwork, includes, but is not limited to, the right to display the Digital Artwork privately or publicly: (i) for the purpose of promoting or sharing the Collector’s purchase, ownership, or interest, (ii) for the purpose of sharing, promoting, discussing, or commenting on the Digital Artwork; (iii) on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the Digital Artwork; and (iv) within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments.

Collectors have the right to sell, trade, transfer, or use their Digital Artwork, but Collectors may not make “commercial use” of the Digital Artwork.

The Collector agrees that it may not, nor permit any third party, to do or attempt to do any of the foregoing without the Creator’s express prior written consent in each case: (i) modify, distort, mutilate, or perform any other modification to the Work which would be prejudicial to the Creator’s honor or reputation; (ii) use the Digital Artwork to advertise, market, or sell any third party product or service; (iii) use the Digital Artwork in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) incorporate the Digital Artwork in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these Terms or solely for your Collector’s personal, non-commercial use; (v) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Digital Artwork; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Digital Artwork; (vii) attempt to mint, tokenize, or create an additional cryptographic token representing the same Digital Artwork, whether on or off of the Liquidity; (viii) falsify, misrepresent, or conceal the authorship of the Digital Artwork; or (ix) otherwise utilize the Digital Artwork for the Collector’s or any third party’s commercial benefit.

Collectors irrevocably release, acquit, and forever discharge Foundation and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for Foundation use of a Digital Artwork in accordance with these Terms.

Digital Artwork

There can be no guarantee or assurance of the uniqueness, originality, or quality of any Digital Artwork. In the absence of an express legal agreement between the creator of a Digital Artwork and purchasers of the Digital Artwork, there cannot be any guarantee or assurance that the purchase or holding of the Digital Artwork confers any license to or ownership of the Digital Artwork or other intellectual property associated with the Digital Artwork or any other right or entitlement, notwithstanding that User may rightfully own or possess the NFT associated with the Digital Artwork.

All content on Lifty is created by Users. Lifty Company makes no representations or warranties as to the quality, origin, or ownership of any content found in the Offerings. Lifty Company shall not be liable for any errors, misrepresentations, or omissions in, of, and about, the content, nor for the availability of the content. Lifty Company shall not be liable for any losses, injuries, or damages from the purchase, inability to purchase, display, or use of content.

The creator sets the royalty when creating the NFT. In the case of a secondary sale of NFT, royalty can be withdrawn from the sale price to Creator's wallet.

Prohibited Uses

Users must not, directly or indirectly:

- create, buy, sell, or use any Digital Artwork that infringes or in a manner infringes the copyright, trademark, patent, trade secret, or other intellectual property or other proprietary rights of others, or upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws (including, copyright or trademark laws) or rights of privacy or publicity unless the applicable User owns or controls the rights thereto or has received all necessary consent to do the same;

- publish, post, distribute, or disseminate any profane, obscene, pornographic indecent, or unlawful content, pictures, topic, name, material, or information;

Applicable law

By visiting this website, you agree that the laws of Seychelles, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Lifty and you, or its business partners and associates.

Disputes

Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by the state or federal court of Seychelles and you consent to exclusive jurisdiction and venue of such courts.

Indemnification

You agree to indemnify Lifty and its affiliates and hold Lifty harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.

Limitation on liability

Lifty is not liable for any damages that may occur to you as a result of your misuse of our website.

Lifty reserves the right to edit, modify, and change this Agreement at any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between Lifty and the user, and this supersedes and replaces all prior agreements regarding the use of this website.

Lifty’s liability for damages to each User shall in all cases be limited to, and under no circumstances shall exceed, Lifty Company’s service fees actually received by Lifty Company from such User.

The Offerings are being provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Lifty is not making, and hereby disclaims, any and all information, statements, omissions, representations, and warranties, express or implied, written or oral, equitable, legal or statutory, in connection with the Offerings and the other matters contemplated by these Terms, including any representations or warranties of title, non-infringement, merchantability, usage, security, uptime, reliability, suitability or fitness for any particular purpose, workmanship or technical quality of any code or software used in or relating to the Offerings. User acknowledges and agrees that use of the Offerings is at the User’s own risk.

No Guarantee of Uniqueness or IP. Lifty Company has no responsibility for the Digital Artwork created or traded by Users on Lifty. Lifty Company does not investigate and cannot guarantee or warrant the authenticity, originality, uniqueness, marketability, legality, or value of any Digital Artwork created or traded by Users on Lifty.

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