1. Introduction

Welcome to the SJ10 NFT Platform, owned and operated by SJ10 LLC. (“SJ10”, “we”, “us” or “our”). These terms and conditions (these “Terms”) set out the terms on which we offer you access to and use of the SJ10 NFT Platform. You hereby confirm that you understand and agree to comply with these Terms, together with any documents that may be expressly referred to and are incorporated by reference herein (if applicable).

These Terms constitute a legal agreement between you and SJ10 and govern your access to and use of the SJ10 NFT Platform, including any content, functionality, and services offered on or through the SJ10 NFT Platform (collectively, the “Services”). References to “you” or “your” mean you as an individual user of the SJ10 NFT Platform.

THE SJ10 NFT PLATFORM IS A PLATFORM. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. THE SJ10 NFT PLATFORM FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER. YOU MAY BUY NFTs DIRECTLY FROM NFT MARKETPLACES THAT OFFER OUR NFT’s FOR SALE USING THE APPROPRIATE CRYPTOCURRENCY AS DETAILED IN OUR WEBSITE.  BUYERS WISHING TO PAY IN US DOLLARS MAY PURCHASE THE NFT THROUGH OUR WEBSITE. WE WILL PURCHASE THE NFT ON YOUR BEHALF AND  TRANSFER IT TO YOUR CRYPTO WALLET, OR, WE WILL HOLD THE NFT YOU PURCHASED IN OUR CRYPTO WALLET ON YOUR BEHALF UNTIL WE HAVE A VALID INSTRUCTION FROM YOU TO TRANSFER IT. IN EITHER CASE, YOU WILL RECEIVE THE ART ASSOCIATED WITH YOUR NFT ON COMPLETION OF YOUR PURCHASE.

SJ10 reserves the right to change or modify these Terms at any time and at our sole discretion by posting a notification to the SJ10 NFT Platform website. Any changes to or modifications of these Terms will be in effect as of the “Last Updated Date” referred to. You should review these Terms before using the SJ10 NFT Platform or any Services available thereunder.

You agree and understand that by accessing or using the SJ10 NFT Platform after the “Last Updated Date” and following any change to these Terms, you are regarded as having accepted and agreed to the revised Terms.

By using the SJ10 NFT Platform, you affirm that you are of legal age to enter into these Terms, and you accept and are bound by these Terms. You affirm that if you are using the SJ10 NFT Platform on behalf of an organisation or company, you have the legal authority to bind any such organisation or company to these Terms.

You may not use the SJ10 NFT Platform if you: (i) do not agree to these Terms; (ii) are not of the age of majority in your jurisdiction of residence; or (iii) are prohibited from accessing or using the SJ10 NFT Platform or any of its contents, products or services by applicable law.

2. Definitions

In these Terms, the following capitalized terms will have the following meanings:

“Art” means any art, design, music and/or drawings (in any form or media, including, but not limited to, video or photographs) that may be associated with an NFT that you Own.

“NFT” means a unique non-fungible token, implemented on a blockchain using smart contracts and offered for auction or sale on SJ10 affiliated marketplaces.

“Own” means, with respect to an NFT, an NFT that you have purchased or otherwise rightfully acquired through the SJ10 Platform.

“Purchased NFT” means an NFT that you Own.

“Purchaser” means the buyer of an NFT in a transaction

“Seller” means the seller of a Purchased NFT in a transaction.

“Third Party IP” means any third-party intellectual property or intellectual property rights, including, but not limited to, patents, patent applications and disclosures, copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognised in any country or jurisdiction in the world.

“we/us/our/SJ10” means SJ10, LLC.

“you/your” means the user of the SJ10 NFT Platform.

“SJ10 NFT Platform” means this website and its media channels (together with its contents, all sub-websites and all sub-media channels).

3. Online purchases

 The Online Payment Terms constitute a contract between you and SJ10. Please read them carefully. All payments for NFT’s using our online credit card facilities are subject to the following conditions.

 SJ10 accepts the following cards:

• American Express
• Discover
• MasterCard
• Visa

You warrant that:

• You are 18 years of age or over.
• You have the appropriate authority to validly accept the Online Payment Terms and are able to and will meet your obligations in relation to these Terms.
• The credit card used in connection with the Services is issued in your name or you are authorized to use the credit card.
• The information supplied by you is true and correct.

When you complete the online payment form, funds will be deducted from your credit card in USD currency. All payments are debited to SJ10. Due to the way transactions are processed by the external banking sites, there may be delays of 1-3 days in updating your payment in SJ10 ’s records. Credit card payments are secure:

• Payments will be processed directly by our authorized third-party payment processor (US dollar transactions) using Secure Socket Layer (SSL) technology.
• Credit card numbers are protected with a high level of encryption when transmitted over the Internet.
• SJ10 does not store in any way your credit card details.

Confirmation:

• If successful, you will receive a confirmation notice of your completed payment.
• If unsuccessful, you will be advised that your payment has failed. SJ10 will not be advised why a payment has failed; therefore, you should contact your credit card provider for details.
• SJ10 will confirm your payment details via email.

By using SJ10 ’s online credit card facilities you accept and consent to your personal data being provided to the Service Provider for sole purpose of offering and administering the online payment. We respect the privacy of every individual who visits our site.

4. Account

4.1 Account Registration

You must create an account (“Account”) to use the SJ10 NFT Platform to purchase an NFT. To create an Account, we will require you to provide certain registration information about yourself. By creating an Account, you agree to provide accurate, current and complete registration information about yourself.

4.2 Account Security

You are responsible for the security of your electronic wallet, and you agree to accept responsibility for all activities that occur under your Account. You must not share your login information or other security related information with any other person or allow any other person access to your Account. If you become aware of any unauthorized use of your password or of your Account, you agree to notify us immediately at info@sj10.net.

5. Your Use of the SJ10 NFT Platform and Conduct

YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILE ACCESSING OR USING THE SJ10 NFT PLATFORM OR YOUR ACCOUNT, AND FOR ANY CONSEQUENCES THEREOF. YOU AGREE TO USE THE SJ10 NFT PLATFORM OR YOUR ACCOUNT AT YOUR OWN RISK AND ONLY FOR PURPOSES THAT ARE LEGAL PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY APPLICABLE LAWS OR REGULATIONS.

6. Our Intellectual Property Rights

Unless otherwise indicated by us, the site, all content (except to the extent that such content is user content), and all other materials contained therein, including, without limitation, the SJ10 logo and all designs, text graphics, pictures, information, data, software, and files relating to the SJ10 NFT Platform (the “Content”) are the proprietary property of SJ10 or our affiliates, licensors, or users, as applicable. The Content, including any product or service names, logos, or slogans relating thereto that may appear other than on the SJ10 NFT Platform, is the proprietary property of SJ10 and may not be copied, imitated or used, in whole or in part, without our prior written permission.

You agree that all right, title and interest (including all copyright, trademark, service marks, and other Intellectual Property Rights of any kind, whether registered or unregistered) in the Content, the SJ10 NFT Platform and the Services rendered thereunder (whether present or future) belong to us, our affiliates or our licensors, as applicable.

Unless otherwise stated, you may not use any Content without our express written permission.

7 Your Ownership of the NFT

7.1 Ownership of NFTs

Ownership of the NFT is mediated entirely by the blockchain network it is minted on. When you purchase an NFT on the SJ10 NFT Platform, you own the Purchased NFT, and you have the right to transfer, sell or give away your Purchased NFT. Upon such purchase, you will have a worldwide, perpetual, exclusive and transferable, licence to use, copy, and display the Purchased NFT for so long as you own the NFT, solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of the SJ10 NFT Platform that permits the storage of your NFT; (c) as part of a third-party website or application that permits the inclusion, involvement, storage, or participation of your NFT.

7.2 User License to Art

Subject to your continued compliance with these Terms, we grant you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for your Purchased NFT, solely for the following purposes: (a) for your own personal, non-commercial use; (b) [as part of a marketplace that permits the purchase and sale of your Purchased NFTs, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFT to ensure that only the actual owner can display the Art; or (c)] as part of a third-party website or application that permits the inclusion, involvement, or participation of your Purchased NFT, provided that the website/application cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFT to ensure that only the actual owner can display the Art, and provided further that the Art is no longer visible once the owner of the Purchased NFT leaves the website/application.

7.3 Restrictions on Ownership

You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without our (or, as applicable, our licensors’) prior written consent in each case: (a) modify the Art for your Purchased NFT in any way, including, but not limited to, the shapes, designs, drawings, attributes, or colour schemes; (b) use the Art for your Purchased NFT to advertise, market, or sell any third-party product or service; (c) use the Art for your Purchased NFT 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; (d) use the Art for your Purchased NFT in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use; (e) sell, distribute for commercial gain (including, but not limited to, giving away in the hopes of eventual commercial gain), or otherwise commercialise merchandise that includes, contains, or consists of the Art for your Purchased NFT; (f) attempt to trademark, copyright, or otherwise acquire additional Intellectual Property Rights in or to the Art for your Purchased NFT; or (g) otherwise utilise the Art for your Purchased NFT for your or any third party’s commercial benefit.

7.4 Third Party IP

If the Art associated with your Purchased NFT contains Third Party IP, you understand and agree as follows: (a) that you will not have the right to use such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (b) that, depending on the nature of the license granted from the owner of the Third Party IP, we may need to (and we reserve every right to) pass through additional restrictions on your ability to use the Art; and (c) to the extent that we inform you of such additional restrictions in writing, you will be responsible for complying with all such restrictions from the date that you receive the notice.

8. Data Protection / Privacy

Our Privacy Policy describes the ways in which we collect, use, store, disclose and share your personal data and is hereby incorporated by reference into these Terms. By using the SJ10 NFT Platform, you confirm that you have read and understood our Privacy Policy and you understand and agree to how we collect, use, store, disclose and share amongst ourselves your personal data and disclose such personal data to our authorised service providers and relevant third parties. We will only share your personal data in order to facilitate and administer your use of the SJ10 NFT Platform or otherwise if required by law. Please refer to our Privacy Policy, which is accessible at www.sj10.net/privacy.

You reserve the right to access, rectify, or request for erasure of your personal data (as the case may be). You may contact info@sj10.net to do so.

9. Risks

9.1 Value and Volatility

You understand and agree that your purchase of NFT’s is subject to certain risks including without limitation:

(a) The price and liquidity of collectible blockchain assets, including the NFTs, are extremely volatile and subjective and may be subject to fluctuations;

(b) Collectible blockchain assets, including the NFTs, have no inherent or intrinsic value;

(c) Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFTs, which may also be subject to significant price volatility.;

(d) NFTs are not legal tender and are not backed by any government;

(e) Transactions involving NFTs may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable, including accidental transactions whereby you provide wrong wallet addresses;

(g) The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, and therefore the value of NFTs is subject to the potential for permanent or total loss of value should the market for NFTs disappear; and

(h) NFTs are subject to the risk of fraud, counterfeiting, cyberattacks and other technological difficulties which may prevent access to or use of your NFTs.

9.2 Cryptocurrency Risks

There are risks associated with using a cryptocurrency, 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 unauthorised access to information stored with your electronic wallet.

9.3 Regulatory Uncertainty

The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the use, transfer, value and potential utility of your NFTs.

9.4 Your Own Risk

You understand and agree that you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself. SJ10 does not give any advice or recommendations regarding the NFTs. You understand and agree that you access and use the SJ10 NFT Platform at your own risk. You understand and agree that SJ10 will not be responsible for any communication failures, disruptions, errors, or distortions you may experience when using the NFTs or the SJ10 NFT Platform.

10. Taxes

You agree that you are solely responsible for (i) determining what, if any, taxes apply to your NFT transactions on the SJ10 NFT Platform and (ii) paying any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of, and transactions conducted on the SJ10 NFT Platform.. Neither SJ10 nor its affiliates or employees are responsible for determining the taxes that may apply to your NFT transactions.

11. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY SJ10, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SJ10 NFT PLATFORM IS AT YOUR SOLE RISK AND THAT THE SJ10 NFT PLATFORM AND THE NFTs LISTED ON THE SJ10 NFT PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

SJ10 WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF ANY KIND THAT YOU INCUR AS A RESULT OF YOUR USE OF THE SJ10 NFT PLATFORM,  OR YOUR ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE SJ10 NFT PLATFORM, OR ANY ELECTRONIC WALLET. SJ10 WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF ANY KIND FROM ANY ACTION THAT RESULTS FROM YOU PROVIDING AN INCORRECT WALLET ADDRESS.

TO THE FULLEST EXTENT PROVIDED BY LAW, SJ10 HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CORRECTNESS, ACCURACY, RELIABILITY AND NON-INFRINGEMENT AS TO THE SJ10 NFT PLATFORM. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NFTs ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN NETWORK. ALL SMART CONTRACTS, INCLUDING ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE NFT, ARE CONDUCTED AND OCCUR ON THE DECENTRALISED LEDGER. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.

12. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SJ10, OUR PARENT, SUBSIDIARIES, AFFILIATES AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SALES TERMS, OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SJ10 NFT PLATFORM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO NO MORE THAN USD $1,000.

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SJ10 NFT PLATFORM AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO PROVIDE THE SJ10 NFT PLATFORM TO YOU WITHOUT THESE LIMITATIONS.

13. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless SJ10 and our past, present and future parent, subsidiaries and affiliates, and our and their respective employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively the “SJ10 Affiliates”), from and against all actual or alleged claims, damages (actual and consequential), awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the SJ10 NFT Platform, (b) your breach of these Terms, and (c) your breach or violation of the rights of a third party, including another user or third-party service provider. You agree to promptly notify SJ10 of any such Claims and cooperate with SJ10 in defending such Claims.

14. Amendment and Variation

These Terms may from time to time be updated or amended, and we reserve the right to update, amend or otherwise modify these Terms at any time and at our sole and absolute discretion. We will post any such updates on the SJ10 NFT Platform website. Such updated Terms as posted will take effect immediately unless otherwise indicated, and any changes to or modifications of these Terms will be in effect as of the “Last Updated Date” referred to [at the top of this page]. You should regularly check the SJ10 NFT Platform to inform yourself of any such changes. In addition, we may at any time change, add or remove any feature or functionality of the SJ10 NFT Platform without prior notice. By continuing to access or use the SJ10 NFT Platform after the “Last Updated Date” and following any such changes to these Terms or the SJ10 NFT Platform taking effect, you are indicating your acceptance of the updated or amended Terms as well as your acceptance of the updated SJ10 NFT Platform. If you do not wish to be bound by any changes or amendments to these Terms, then you should stop using the SJ10 NFT Platform immediately.

15. Severability

If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms, and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws.

16 Entire Agreement

These Terms constitute the entire agreement between the parties regarding its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, (whether oral or in writing, express or implied). Each party acknowledges that in agreeing to these Terms it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.

Notices to us should be sent electronically to info@sj10.net.

17. Third Party Rights

These Terms do not, and are not intended to, confer any rights or remedies upon any person or entity other than you.

18. Governing Law and Jurisdiction

These Terms are governed by and shall be construed in accordance with the laws of the United States in the State of Tennessee without regard to any choice or conflict of laws rules. Any dispute, controversy or claim, whether contractual or non-contractual, arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, or any other issue which shall arise in virtue of these Terms, shall be referred to and finally settled by arbitration.