MoreNFT, a Swiss company registered at the Swiss register of commerce with number CHE-272.983.237and with registered address in Via Pelli 13, 6900 Lugano, Switzerland, (“Company“) collects personal data (as defined below) in accordance with applicable laws and regulations, in particular the Swiss Federal Act on Data Protection (“FADP“) and the General Data Protection Regulation (EU/2016/679) (General Data Protection Regulation, “GDPR”), both defined as “Privacy Regulations“.
In accordance with the privacy regulations, the terms below have the following meanings:
- “Personal Data” includes any information relating to an identified or identifiable natural or legal person;
- “Processing” shall mean any operation or set of operations, whether or not by automatic means, which applies to (groups of) personal data, including collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, diffusion, communication by transmission, dissemination or any other form of disclosure, alignment or combination, restriction, erasure or destruction;
- “Data Subject” means any identified or identifiable natural person;
- “Navigation data” are acquired by the computer systems and procedural software used to operate this site and the Company Platform during their normal operation. This is personal data whose transmission is implicit in the use of Internet communication protocols. This category includes IP addresses, addresses in URI/URL (Uniform Resource Identifier/Locator) notation, the time of the request, the type of request, the size of the outgoing packet, the status of the response given by the server (received, error, etc.) and other parameters relating to the operating system.
The data controller is MoreNFT, with registered address in Via Ferruccio Pelli 13 Switzerland.
Type of personal data acquired, purpose, legal basis and data retention
The Company collects Personal Data in many ways and, in particular by (a) direct interaction: information on Personal Data may be received directly from the Data Subject when filling out the online forms at the beginning of the business relationship or when the Data Subject contacts the Company by ordinary or electronic mail, by telephone or else and/or by (b) automated systems: technical data on operating systems, research parameters and browsing patterns concerning the Data Subject may be automatically collected if the latter use the Company Platform or visits the Company’s website.
The data are collected and managed for the purposes and within the times indicated below:
|Data||Mode of data acquisition||Purpose of the treatment||Legal basis of the treatment||Data retention time|
|Technical data, such as e.g. device type, operating system, screen resolution, language, country, and web browser type||Automatic during Platform use||Use of the Platform by the user||Predominant private interest||Data will be saved for the entire duration of the platform|
|Navigation Data||Automatic during Platform use||Use of the Platform by the user||Predominant private interest||Data will be saved for the entire duration of the platform|
|Session time||Automatic during the Platform visit||Statistic purposes||Predominant private interest||Data will be saved for the entire duration of the platform|
|Entered by the user||Access to the platform and newsletter||Predominant private interest||Data will be saved for the entire duration of the platform|
|Description of the client, Full Name||During the creation of the user profile on the platform||Use of the Platform||Predominant private interest||Data will be saved for the entire duration of the platform|
|Social networks profiles||During the creation of the user profile on the platform||Use of the Platform||Predominant private interest||Data will be saved for the entire duration of the platform|
|Personal contact||During the creation of the user profile on the platform||Use of the Platform||Predominant private interest||Data will be saved for the entire duration of the platform|
The Platform is not designed to store “special categories” of data, including health status information.
The Platform collects also fully anonym data about data Subject behaviour without any possibility for us to trace back to your person.
Processing of Personal Data
- Without the consent by the Data Subject
The Personal Data provided by the Data Subject to the Company will be treated solely for the purposes regarding the performance of a prospective or existing professional assignment entrusted to the Company. Within the scope of these purposes, the Processing of Personal Data is also performed to comply with specific legal requirements concerning the contractual relationship and the fulfilment of the assignment. Finally, Personal Data will be processed in the presence of a Company’s legitimate interest to perform and manage the activity, with the intent to deliver enhanced services, after considering and balancing any potential impact on the Data Subject’s rights.
- With the consent by the Data Subject
Upon express consent provided by the Data Subject, the Company will process Personal Data (name, surname, e-mail address, telephone number etc.) to convey communications containing information concerning the Company and its activities, which may include, among others: (i) events and meetings; (ii) various marketing activities and (iii) analysis of the Data Subject’s preferences and areas of interest, to enhance the services provided by the Company and meet their specific requirements/needs (the so called “profiling activity”).
To whom will the data collected be communicated?
We will only disclose your personal data if we are obliged to do so in order to comply with our legal or regulatory obligations, for business or administrative reasons or because you have asked us to do so. This probably also includes disclosure:
- within the Company;
- to third parties who process personal data on our behalf (IT system providers and other service providers);
- to any government, regulatory agency, enforcement or exchange body or court that so requires under applicable law or regulation;
Can the Company transfer data to a third country and/or international organisations?
The data collected by the Company are stored in Switzerland. Should we transfer your data outside Switzerland, we will ensure that in the first instance the data is stored in countries that guarantee adequate protection of personal data, such as member states of the European Economic Area. If this is not possible, we will ensure that the provisions of the applicable legislation on the transfer of personal data to third countries are complied with in all cases.
How we protect your personal data
The security of your personal data is important to us and we use various technical and organisational measures to protect it.
We are committed to safeguarding and protecting personal data by taking appropriate measures against accidental or unlawful destruction, loss, alteration or unauthorised disclosure.
Rights of the interested parties
Under the privacy regulations, users have a number of rights in relation to their personal data. They have the right to request access, correction or deletion of such information, the right to limit or oppose the processing and, under certain circumstances, the right to data portability.
If a user has given his or her consent to the processing of his or her data, he or she has the right (under certain circumstances) to revoke this consent at any time.
If you wish to exercise the above rights, please send an e-mail to firstname.lastname@example.org.
We try to answer you within a maximum of one month, although we reserve the right to extend this period for more complex requests. We also reserve the right to charge a reasonable administration fee for any manifestly unfounded or excessive requests for access to personal data and for any additional copies of personal data requested.
NFT AND PLATFORM TERMS
These terms and conditions regulate the relationship between you (also referred to herein as “You”, “Your” or the “User”) and More NFT a Swiss company with registered offices in via Pelli 13, 6900 Lugano (hereinafter also the “Company”), and govern Your relation between You and the Company. At the time of the minting, MoreNFT (in its capacity as the issuer of the NFTs) sells NFTs to a single purchaser and shall provide services to such purchaser and subsequent transferees, subject to Your acceptance of these NFT and Platform Terms.
by purchasing the nfts, you agree to be bound by these nft and platform terms. if you do not agree to the terms of these nft and platform terms, you may not purchase the nfts.
- INFORMATION BACKGROUND
- MoreNFT provides multiple services related to the minting and the management of NFT (hereinafter also “Platform Services”) through is online platform (hereinafter also the “Platform”) that allow the creation of NFT for any user to emphasize the value and talent of creators who want to improve their profile. MoreNFT will allow to artists and creators to create their own NFT and to receive also support and assistance in advancing their individual personal branding (hereinafter also the “Creator”).
Please read these nft and platform terms carefully before purchasing the nfts. these nft and platform terms describe your rights and obligations with regard to the purchase of nft and the creation of the nft, unless we have executed a separate written agreement or provided specific terms with you for that purpose.
- SERVICES OFFERED BY THE PLATFORM
The Platform will offer the service of:
- Smart contract creation and minting: in this case the Creator can choose one of the following minting modes (i) “lazy minting” the Creator does not mint the NFT of the collection but only preconfigures it by deploying its contract and the associated information. The User will mint the NFT when purchasing the NFT (ii) “pre-minting” the Creator mints the collection before the actual sale. The collection becomes, even before the first sale, available for viewing on marketplaces. The Creator pays the gas fees. Both minting modes include the following services:
- Factory: access to the factory section of the MoreNFT platform dedicated to NFT’s exclusive primary market;
- ERC721 standard smart contract: the smart contracts created adhere to well-know and universally adopted ERC721 standard;
- ERC2981 royalties: integration of secondary market resale royalties in ERC2981- compliant marketplaces;
- Royalties split: the proceeds from the primary and secondary sale of the NFTs in the collection are automatically split by the blockchain to the address list and according to the agreed proportions;
- IPFS data: all off-chain data related to the correct adherence to the ERC721 specification are uploaded to the distributed and decentralised IPFS system. .
- promote the visibility of the artist and the collection within the MoreNFT platform (“NFT positioning in the platform”).
- Newsletter service, that will offer to the User the inclusion in the MoreNFT newsletter dedicated to new drops of NFT. And the newsletter will contain a link to the dedicated page on the platform (“Newsletter”).
- Discord, highlighting of the project within the MoreNFT Discord server (“Discord”).
- Announcement on MoreNFT’s official channels: Instagram, twitter, Linkedin and Medium (“Announcement on MoreNFT’s official channels”).
- FEE OF THE SERVICES CHARGED TO CREATOR
In case of services offered to Creator MoreNFT will apply no fee for the following services: Smart contract creation and minting, NFT positioning in the platform, Newsletter, Discord and Announcement on MoreNFT’s official channels.
- SALE OF NFT
You acknowledge and accept that when You buy an NFT on sale on the MoreNFT Platform, you perform a transaction on the Company smart contract, the buy operation performs a price conversion from USD to ETH using the decentralized Chainlink oracle and mints or transfers if already minted the NFT You bought to your account.
When an NFT is on auction, you can place a bid to obtain it. This operation will transfer the amount of your bid to the Factory contract that will act as an escrow for the bidder funds. This means that: (i) You need to already hold the funds for the bid that you are placing, (ii) funds are locked in the Factory contract for the auction duration unless some other user places a higher bid, (iii) if a bid was already placed, the amount is given back to the previous bidder.
The User can not withdraw a bid made on an NFT. In order to protect the fairness of the auction system, once a bid is placed, it cannot be reverted.
When an auction expires, the current bidder becomes the auction winner and can claim the NFT from the Factory contract finalizing the auction. The claim operation does not require any other expense except for the transaction fee of the blockchain where the Factory is deployed. The claim operation: (i) transfers the bid amount to the NFT Creator retaining, when present, a Factory fee, (ii) mints (or transfers if already minted) the NFT to the auction winner, (iii) can be executed by anyone since its behavior is constrained to only perform the legitimate transfers. It is in the auction winner’s interest to execute such a transaction, so, when you place a bid, you need to take into account that one more transaction (and the related fee) is needed in the case in which you win the auction, in order to obtain the desired NFT.
The Factory contract will automatically extend the auction expiration by an amount of time specified on the collection page that reflects the constraint enforced on the Factory contract on the blockchain. Time is measured of blocks of the underlying blockchain.
The minimum amount to overcome someone’s bid on an NFT is specified on each collection page and reflects the constraint enforced on the Factory contract on the blockchain.
The transaction Fee applied when the User purchase the NFT on the Platform is 1% of the value of the NFT purchased.
- USE OF THE BLOCKCHAIN
- You acknowledge and accept that MoreNFT is not responsible for any loss or damage incurred as a result of the use or malfunctioning of the technologies (e.g. blockchain technologies) used by the Platform. Before accessing and/or using the Platform, You have read, understood, and accepted all of the NFT an Platform Terms and agree to be legally bound by these NFT and Platform Terms (as amended from time to time). You further represent and warrant that: (i) You are of legal age, in Your jurisdiction, to enter into a binding agreement; and (ii) if You represent a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into these NFT Platform Terms on behalf of such corporation, governmental organization or other legal entity and to legally bind it to these NFT and Platform Terms.
- KNOWLEDGE REQUIRED
- By purchasing the Platform Services, You represent and warrant that (i) You fully understand and have significant experience of tokens, cryptocurrencies and digital assets, as well as of blockchain-based infrastructures and services, and (ii) You fully understand the risks associated with the use of blockchain and the trading of tokens, cryptocurrencies and digital assets as well as the mechanics related to the use of such tokens, cryptocurrencies and digital assets (including with respect to their storage and exchange).
- There is no guarantee against losses for purchasing the NFT or any Platform Services. By purchasing the NFT or any Platform Services, You represent and warrant that You are not entering into transactions that are above Your financial abilities. Also, tokens, cryptocurrencies and digital assets, including the NFT, are not suitable for people without the relevant knowledge and/or experience. By purchasing the NFT, You further represent and guarantee that You are aware of the risks related to tokens, cryptocurrencies and digital assets, for which You are solely responsible and liable.
- You further acknowledge and agree that MoreNFT does not provide any advice, guidance or recommendations on the opportunity to purchase or dispose the NFT.
- INTELLECTUAL PROPERTY RIGHTS
The Creator with the minting of the NFT, acknowledge and agree that he retains all right, title and interest in all of the intellectual property contained in the NFTs, including, without limitation, inventions, ideas, concepts, code, discoveries, processes, marks, methods, software, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyright or patents based thereon.
- DATA PROTECTION
- MoreNFT may at his sole discretion terminate these NFT and Platform Terms at any time.
- LIMITATION OF LIABILITY
- In no event will MoreNFT, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to Your use of the services provided by MoreNFT, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not MoreNFT was advised of the possibility of such damages.
- Without limiting the generality of the foregoing, MoreNFT takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Platform technologies, including, without limitation, to any of the following: (i) delays, interruption or loss of services; (ii) technical failure, malfunction or shutdown; (iii) server failure, hacks or unavailability; (iv) data loss; (v) corrupted data on MoreNFT’s servers; (vi) failure to update or provide correct information; (vii) “phishing” or other websites masquerading as MoreNFT; (viii) stolen, lost, or unauthorized use of Your means of authorization; (ix) loss of business or goodwill.
- The services provided by MoreNFT through the Platform technologies can be integrated with third party services. MoreNFT takes no responsibility for any third-party services and will not be liable for any loss or damages caused by such third party services.
- The services provided by MoreNFT are provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. MoreNFT disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.
- By purchasing the NFT or any Platform Services, You acknowledge and agree that You shall not do this if applicable laws, based on Your country of location, residency and/or citizenship, prohibit You from doing so in accordance with these NFT and Platform Terms. You further acknowledge and agree that MoreNFT reserves the right to refuse the minting and purchase of the NFT, at its exclusive discretion.
- Without limitation to the foregoing, You acknowledge and agree that You shall not use, or assist third parties to purchase the NFT to, without limitation, avoid taxes, engage into activities that may amount to market abuse (including, without limitation, front-running, wash trades, etc.), engage into illegal gambling, frauds, money laundering or terrorist activities.
To the fullest extent permitted under applicable laws, You agree to hold harmless and indemnify MoreNFT, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of the following events (the “Material Events”) : (i) Your alleged or actual breach of these NFT and Platform Terms, including, without limitation, Your express representations and warranties; (ii) Your alleged or actual use or misuse of the services provided by MoreNFT; and (iii) Your alleged or actual infringement or violation of any laws or of the rights of a third party.
You shall be responsible for any taxes applying to the payments You make or receive under these NFT and Platform Terms, and to collect, report, and remit such taxes to the appropriate tax authorities. You acknowledge and agree that, at the moment, MoreNFT is not able to draft a taxation report concerning the operation executed and that it is Your duty to collect all the information required by the competent tax authorities in order to comply with Your tax obligations.
- These NFT and Platform Terms constitute all the terms and conditions agreed upon between You and MoreNFT and supersede any prior agreements in relation to the subject matter of these NFT and Platform Terms, whether written or oral.
Severability and Waiver
- Unless as otherwise stated in these NFT and Platform Terms, should any provision of these NFT and Platform Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these NFT and Platform Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.
- The failure of MoreNFT to exercise or enforce any of the rights or provisions of these NFT and Platform Terms shall not be considered as a waiver of MoreNFT’s rights to do so.
- MoreNFT may assign the rights and obligations under these NFT and Platform Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign any rights or obligations under the NFT and Platform Terms or any part of them, nor transfer or sub-license Your rights under these NFT and Platform Terms to any third party, unless in connection with the transfer of the NFT.
- Nothing contained in these NFT and Platform Terms shall be deemed or construed to create a principal and agent, partnership or joint venture relationship between You and MoreNFT.
- MoreNFT will not be deemed in default of these NFT and Platform Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including any action or omission by MoreNFT or any other cause beyond MoreNFT’s reasonable control.
- If You have any questions regarding these NFT and Platform Terms, please contact us at our email email@example.com
- Any notification to You shall be made to the email address You provided when purchasing the NFT.
- GOVERNING LAW AND JURISDICTION
These NFT Terms are subject to and governed by Swiss law. All disputes arising from or under these NFT Terms shall be subject to the exclusive jurisdiction of the competent courts of Lugano, Switzerland.