Terms of Service

These terms tell you the rules for:

1. Generally using our website https://www.launchmynft.io/ (our site);
2. Creating and selling on our site; and
3. Buying from our site.

Through our site, we offer services in connection with and the digital purchasing of non-fungible tokens (“NFTS”) including being able to:

1. create and generate your own NFT collection;
2. mint NFTs from any collection as displayed on our site.

To contact us, please reach out to us on:

Twitter: @LaunchMyNFT

Discord: https://discord.gg/lmnft

Email: hello@launchmynft.io

GENERAL TERMS FOR USING OUR SITE

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use or purchase anything from our site. We recommend that you print a copy of these terms for future reference.

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may update and change our site from time to time to reflect changes to any products, our users' needs and our business priorities.

Our site is made available free of charge.

We do not guarantee that our site, or any content on it (including NFT collections), will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources including the functionality or availability of such sites.

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must do your own research and look into as much information about the NFT collections and creator(s) before making a purchase. We do not provide any financial or investment advice on our site and you should do your own research or gain specialist advice before investing in NFTs.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it (except for the NFT collections which are designed and owned by creators). The material on our site is protected by copyright laws and treaties around the world. All such rights are reserved.

You must not modify the paper or digital copies of any materials you have printed off or downloaded or shared via social media in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):

• Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

These provisions should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Our site includes information and materials uploaded by other users of the site, including to social media sites, NFT marketplaces or their own websites. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about content uploaded by other users, please contact us on Discord - https://discord.gg/lmnft

In order to launch an NFT collection on our site, you need to register an account. By creating an account you agree to:

1. provide accurate, current and complete account information about yourself;
2. link your digital wallet to your account and comply with the terms and conditions of the applicable provider of the wallet;
3. maintain and promptly update from time to time, as necessary, your account information;
4. maintain the security of your account and accept all risks of unauthorized access to your account and the information you provide to us; and
5. immediately notify us if you discover or otherwise suspect any security breaches related to our site or your account.

Also, you agree that you will not:

1. create another account if we have disabled one you had, unless you have our written permission first;
2. buy, sell, rent or lease access to your account or username, unless you have our written permission first; or
3. log in or try to login to access our services through unauthorised third party applications or websites.

We may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-money laundering of incomes obtained by criminal means, or for counteracting financing of terrorism. We may also require you to provide additional information and documents in cases where we have reasons to believe that:

1. your account is being used for money laundering or for any other illegal activity;
2. you have concealed or reported false identification information and other details; or
3. transactions made via your account were made in breach of these Terms.

In such cases, we may remove your NFT collections and/or block access to your account until such additional information and documents are reviewed by us and accepted as satisfying the requirements of the applicable law. If you do not provide complete and accurate information and documents in response to such a request, we may refuse to provide the service.

You accept that by registering an account and linking your wallet, your wallet is not operated by, maintained, or connected with us and we do not have any rights of ownership, use or control over the contents of your wallet and do not have the ability to retrieve or transfer any contents held within your wallet. We will not be liable to you for any losses or claims you may have in connection with your wallet. Should you have any problems with your wallet, you should contact the applicable provider.

By registering an account with us, you give us permission to use your name and picture for marketing and promotional purposes. Users registered as creators also understand and agree that we may display, reproduce, and distribute their works represented in digital assets minted, listed and tradable on our site, for the purpose of operating, promoting, sharing, developing, marketing, and advertising of our site.

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If any materials owned by us which are supplied by our site, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that:
  • is as result of the actions or omissions (either directly or indirectly) of the creator; and
  • where you could have avoided it by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are responsible for losses you suffer caused by us breaking these Terms unless the loss is:

• Unexpected. It was not obvious that it would happen (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control. If any content or the services we provide are delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay.
• Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by any content we supplied and which you could have avoided by following our advice.

We will only use your personal information as set out in our https://www.launchmynft.io/privacy-policy

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

You may link to our home page or a creator's NFT collection mint pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact hello@launchmynft.io

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with our site including any content or NFT collections, please contact us as soon as possible at: hello@launchmynft.io.

If you are unhappy with how we have dealt with your dispute or we have been unable to resolve it, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court. If you do not wish to use ADR, you can still bring court proceedings.

These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

"LaunchMyNFT" and "LMNFT" are brand names. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site above.

TERMS FOR CREATING AND SELLING ON OUR SITE

These terms (Terms for Selling) apply to individuals who create NFTs through our generator and/or launch on our Site (creators).

Our site provides a launchpad for creators to offer their NFT collection for sale. Once you have registered an account with us, you can create, organise, promote, market, sell and distribute your NFT collection.

Whenever you make use of the NFT generator or any other feature that allows you to upload NFTs to our site, or to make contact with other users of our site, you must comply with the content standards set out below:

You may not use our site:

1. in any way that breaches any applicable local, national or international law or regulation;
2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
3. for the purpose of harming or attempting to harm minors in any way;
4. to bully, insult, intimidate or humiliate any person;
5. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
6. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
7. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
8. to upload terrorist content.

You may not create and upload NFTs which:

1. are defamatory of any person;
2. are obscene, offensive, hateful or inflammatory;
3. bully, insult, intimidate or humiliate,
4. promote sexually explicit material;
5. promote violence;
6. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
7. infringe any copyright, database right or trade mark of any other person.
8. are likely to deceive any person;
9. promote any illegal content or activity;
10. are threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
11. are likely to harass, upset, embarrass, alarm or annoy any other person;
12. give the impression that the NFTs you create are produced and/or owned by LMNFT;
13. advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

You also agree:

1. not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms of use.
2. not to access without authority, interfere with, damage or disrupt:
   1. any part of our site;
   2. any equipment or network on which our site is stored;
   3. any software used in the provision of our site; or
   4. any equipment or network or software owned or used by any third party.

You warrant that any such contribution does comply with our content standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

In order for you to sell your NFT collection on our site, we ask that you provide certain information to buyers about the NFTs they are purchasing. Different laws may apply in the jurisdiction you are selling the NFTs, so the laws and regulations on selling NFTs in your jurisdiction will apply.

When you launch an NFT collection that you warrant that make the following information available to buyers (via social media or other means):

1. information regarding ownership of the NFT and any underlying rights in the assets or projects the NFT relates to;
2. details of the “smart contract” arrangements between you and the buyer;
3. any other key details a buyer would require before purchasing an NFT.

If you fail to comply with these information standards, this may result in our immediate, temporary or permanent removal of your NFT collection from our site. You will be liable to us and indemnify us for any breach of the warranty to provide the relevant information to buyers. This means you will be responsible for any loss or damage we suffer as a result of your breach of the warranty.

On creation of any NFTs by you through our generator, you retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. Any content or materials you upload to our site will be considered non-confidential and non-proprietary.

We advise that you should have terms associated with your NFT collection which set out the licencing terms setting out what buyers are permitted to use the NFT for i.e. reproduction, copying, selling, transferring. We will not be responsible for the actions or omissions of buyers or third parties for failing to comply with your terms or misusing your NFT collection generally.

When you upload an NFT and/or associated materials to our site, you grant us the following rights to use that content:

• a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display the NFT, NFT description and information regarding the NFT in connection with the service being provided through our site and across different media (including Twitter and Discord) to promote the site or the service to expire when the creator deletes the content from the site;
• a worldwide, non-exclusive, royalty-free, transferable licence to use the content the creator uploads onto the site in accordance with the functionality of the site to expire when the creator deletes the content from the site.

We also have the right to disclose your identity (via the identifiers available to us when you link your wallet or Twitter account) to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

Opening an account on our site and using the NFT generator is completely free.

Where you go on to launch a NFT collection on our site, we will take 2.5% of the mint price paid by the buyer. This will be transferred to us when a buyer mints an NFT. Once the buyer mints an NFT, the transaction cannot be reversed.

There are also native fees to interact with the following blockchains which you will be liable to pay should you launch your NFT collection on any of the following blockchains:

- Launching a collection: ~0.013 SOL

- Minting a NFT: Mint price + ~0.017 SOL

- Launching a collection: Varies based on selected features and gas prices

- Minting a NFT: Mint price + gas fees

Native fees may go up and down and we have no control over these fees. You should review the blockchain site for the exact native fee figures and not rely on any information provided by us.

If you fail to comply with these Terms of Selling, this may result in our taking all or any of the following actions:

1. immediate, temporary or permanent withdrawal of your right to use our site.
2. immediate, temporary or permanent removal of the NFT collection uploaded by you to our site.
3. issue of a warning to you.
4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
5. further legal action against you.
6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

TERMS FOR BUYING FROM OUR SITE

For buyers minting NFTs, you should review these terms along with our General Terms of Using our site.

Our site is used as a platform for creating/minting NFTs and we act as an intermediatory service for users wanting to purchase NFTs.

Any NFTs minted through our site will be directly from the owner/creator of the NFT through the smart contract's blockchain and not from us. The smart contract shall be activated according to the rules of the particular blockchain in advance where the contracts can be created, perform and enforce the contracts automatically. No contract shall be made between us and you. Our site currently supports Solana, Ethereum, Avalanche, Fantom, Binance, Polygon and Stacks.

To mint a NFT, you can select the “MINT” button on any NFT collection which will then the software connected with your wallet will appear asking you to approve your purchase.

Once an NFT is minted, it is outside of anyone's control, including ours, and cannot be cancelled or reversed. It is important that you are aware of the purchase you are making and the associated risks. We have no control over your wallet, the smart contract or blockchain, or any NFT collection displayed on our site. Purchasing of NFTs are high-risk speculative investments and should only be taken by those experienced in dealing with cryptocurrencies. It is up to you to ensure the NFT meets the expectations and descriptions set by the creator.

Crypto assets are intangible digital assets. They exist only by virtue of the ownership record maintained in a blockchain. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within the blockchain. On minting, you will receive a unique copy of the NFT which can be collected, displayed and traded, subject to the creator's own licensing terms. Copying, selling or displaying NFTs without authority from the creator can constitute infringement of the creator's intellectual property rights.

Creators will offer NFTs as a digital asset that represents a real-world like object or project. Ownership of NFTs does not usually amount to ownership in such projects but might lead to a future share in revenues or exchanged for cash at a later date. It is your responsibility to undertake research in the NFTs that are offered on our site and that you purchase to understand the details of the investment you are making.

If you have any questions or queries in respect of an NFT collection then please contact us.

We shall not be legally responsible to you for any NFTs minted where the NFT collections were created or are displayed on our site, particularly where:

1. the asset or project is not available or does not go ahead;
2. the creators of the NFTs become unresponsive or disappear;
3. we discover NFTs infringe third party intellectual property rights and NFT collections are removed from our site;
4. the price or value of your NFT significantly goes down and/or you lose all or most of your investment.

We do not guarantee that we can affect the right in any crypto assets as this is the responsibility of the creators. However, we ask creators to warrant that the NFT collections are in full working order and the NFT collections they create and list through our site are their own individual creations, which have not previously been published and/or exploited in any manner, in order for them to comply with these Terms, under liability to us and other users.

When you purchase an NFT from our site you accept and acknowledge the following:

1. the value of the NFT may go up or down. Prices of NFTs are subject to fluctuations in the price of cryptocurrency in the marketplace.
2. you are responsible for, and will account to the appropriate authorities for all tax or similar contributions payable in relation the purchases of the NFTs. You acknowledge that we are not responsible nor will be responsible for any tax liabilities incurred in purchasing NFTs from our site.
3. there is currently no regulatory regime in the UK around NFTs and use of blockchain, and such laws, regulations, and policies may come into place which apply to the services we provide on our site and the NFTs you purchase.
4. any transactions through blockchain are not verified by us and we make no representation as to the accuracy of the information made available through a blockchain.
5. your purchase of an NFT is based on the licence and/or information provided by the creator and/or on the terms set out by the creator and not us.