Terms of Service
Last Updated: 28 November 2022 (Version 3.0)
Welcome to Focus Market Ltd., (“Focus Market,” “FM”, “we,” “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of the Focus Market website(s), our APIs, mobile app (when this will become available), and any other software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to view, explore, and create NFTs and use our tools, at your own discretion, to connect directly with others to purchase, sell, or transfer NFTs on public blockchains (collectively, the “Service”). “NFT” in these Terms means a Non-Fungible Token or similar digital item implemented on the Ethereum blockchain, which uses smart contracts to link to or otherwise be associated with certain content or data.
For purposes of these Terms, “user”, “you”, and “your” means you as the user of the Service. If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that:
- 1.you are an authorised representative of the entity with the authority to bind the entity to these Terms, and
- 2.you agree to these Terms on the entity’s behalf.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS.
BY CLICKING TO ACCEPT AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Focus Market is not a wallet provider, exchange, broker, financial institution, money services business, or creditor. Focus Market provides a peer-to-peer Web3 service that helps users discover and directly interact with each other and NFTs available on public blockchains. We do not have custody or control over the NFTs or blockchains you are interacting with, and we do not execute or effectuate purchases, transfers, or sales of NFTs. To use our Service, you must use a third-party wallet which allows you to engage in transactions on blockchains.
Focus Market is not party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third party sellers using the Service and we make no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on the Service.
Because we have a growing number of services, we sometimes need to provide additional terms for specific services (and such services are deemed part of the “Service” hereunder and shall also be subject to these Terms). Those additional terms and conditions, which are available with the relevant service, then become part of your agreement with us if you use those services. In the event of a conflict between these Terms and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service.
Focus Market reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service.
The Photo Asset on Focus Market is represented on smart contracts on the Ethereum blockchain that provides an immutable ledger of all transactions that occur on Focus Market (“Smart Contracts”). This means that all Photo Assets is outside of the control of any one party, including Focus Market, and is subject to many risks and uncertainties. We neither own nor control MetaMask, the Ethereum network, your browser, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. The User understands that its Ethereum public address will be made publicly visible whenever you engage in a transaction on the Platform.
Like much of Web3, your blockchain address functions as your identity on Focus Market. Accordingly, you will need a blockchain address and a MetaMask wallet to access the Service. Your account on the service (“Account”) will be associated with your blockchain address; however, if you want to add some flair to your Focus Market persona, you can add additional information, such as a profile picture, to your Account.
You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Service. Without limiting the foregoing, by using the Service, you represent and warrant that:
- 1.you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive embargo ("Embargoed Jurisdiction");
- 2.you are not subject to any sanctions administered by an agency of any government, or the United Nations (collectively, “Sanctions”);
- 3.you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction;
- 4.none of your officers, managers, directors, shareholders, or authorized representatives is subject to Sanctions, or is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction. You further covenant that the foregoing shall be true during the entire period of this agreement. If you access or use the Service, you are solely responsible for ensuring that your access and use of the Service in such country, territory or jurisdiction does not violate any applicable laws.
Focus Market may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, Focus Market, in its sole discretion, may disable your Account and block your ability to access the Service until such additional information and documents are processed by Focus Market. If you do not provide complete and accurate information in response to such a request, Focus Market may refuse to restore your access to the Service.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that Focus Market, in its sole discretion, may elect to take. If your Account becomes inactive for twelve (12) months or longer, as determined by Focus Market in its sole discretion, you understand that Focus Market may disable your Account or reassign your username or associated URL.
We require all users to be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only use Focus Market through a parent or guardian’s Account and with their approval and oversight. That account holder is responsible for your actions using the Account. It is prohibited to use our Service if you are under 13 years old.
You are responsible for maintaining the confidentiality of your account and password, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to:
- 1.immediately notify Focus Market of any unauthorised use of your password or account or any other breach of security; and
- 2.ensure that you exit from your account at the end of each session when accessing Focus Market;
- 3.Focus Market will not be liable for any loss or damage arising from your failure to comply with this Section.
To participate as a Creator or Collector in the marketplace, you must connect to a browser extension (Chrome, Firefox, Brave, Edge, Opera), called MetaMask. MetaMask is an electronic wallet which allows you to purchase, store, and engage in transactions using the native Ethereum cryptocurrency, ETH. All transactions on Focus Market are in the native Ethereum cryptocurrency, ETH.
The Service, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the Focus Market logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Focus Market or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works.
Focus Market’s name, logo, trademarks, and any Focus Market product or service names, designs, logos, and slogans are the intellectual property of Focus Market or our affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Focus Market” or any other name, trademark or product or service name of Focus Market or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Service constitutes the service mark, trademark or trade dress of Focus Market and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any NFTs displayed on the Service are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Focus Market.
We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Service or in any such Feedback. You agree that Focus Market may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Focus Market any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Service provided, however, that such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service, in each case for the sole purpose of enabling you to use the Service as permitted by these Terms, provided that your license in any content linked to or associated with any NFTs is solely as set forth by the applicable seller or creator of such NFT.
With respect to the content, Photo Assets, or other materials you upload through the Platform or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Focus Market and its affiliated companies a non-exclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Platform or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.
Any questions, comments, suggestions, ideas, feedback, or other information about the Platform (“Submissions”), provided by you to Focus Market are non-confidential, and Focus Market will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Focus Market may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- 1.comply with legal process, applicable laws, or government requests;
- 2.enforce these Terms of Service;
- 3.respond to claims that any content violates the rights of third parties; or
- 4.protect the rights, property, or personal safety of Focus Market, its users, and the public.
You understand that the technical processing and transmission of the Platform, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Focus Market respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Focus Market of your infringement claim in accordance with the procedure set forth below.
Focus Market will process and investigate notices of alleged infringement and will take appropriate actions under relevant UK Copyright legislation and other applicable intellectual property laws with respect to any alleged or actual infringement. Please use appropriate channels to notify Focus Market of the potential infringement. To be effective, the notification must be in writing and contain the following information:
- 1.an electronic or physical signature of the full legal name of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
- 2.a description of the copyrighted work or other intellectual property that you claim has been infringed;
- 3.a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
- 4.your address, telephone number, and email address;
- 5.a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law;
- 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.
If you believe your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to our Copyright Support:
- 1.your physical or electronic signature;
- 2.identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- 3.a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- 4.your name, address, telephone number, and email address, a statement that you consent to the jurisdiction and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Support, Focus Market will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
As a peer-to-peer Web3 service, Focus Market helps you explore NFTs created by third parties and interact with different blockchains. Focus Market does not make any representations or warranties about this third-party content visible through our Service, including any content associated with NFTs displayed on the Service, and you bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers. We also cannot guarantee that any NFTs visible on Focus Market will always remain visible and/or available to be bought, sold, or transferred.
NFTs may be subject to terms directly between buyers and sellers with respect to the use of the NFT content and benefits associated with a given NFT (“Purchase Terms”). For example, when you click to get more details about any of the NFTs visible on Focus Market, you may notice a third-party link to the creator’s website. Such website may include Purchase Terms governing the use of the NFT that you will be required to comply with. Focus Market is not a party to any such Purchase Terms, which are solely between the buyer and the seller. The buyer and seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing Purchase Terms. You are solely responsible for reviewing such Purchase Terms.
The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of Focus Market and may be “open” applications for which no recourse is possible. Focus Market is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. Focus Market provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.
Openness is one of our most prized values, and we’re committed to providing people from all walks of life and varying experience levels with Web3 with a colourful lens into different blockchains. However, to protect our community and comply with our legal obligations, we reserve the right to take action, with or without advance notice, if we believe you have violated these Terms. This may include:
- 1.removing the ability to view certain NFTs on the Service or use our Service to interact with the NFTs;
- 2.disabling the ability to use the Service in conjunction with buying/selling/transferring NFTs available on blockchains;
- 3.disabling your ability to access our Service; and/or other actions.
You agree that you will not violate any law, contract, intellectual property, or other third party right, and that you are solely responsible for your conduct and content, while accessing or using the Service. You also agree that you will not:
- Use or attempt to use another user’s Account without authorization from such user;
- Pose as another person or entity, or use a wallet to engage in a transaction on Focus Market that is owned or controlled, in whole or in part, by any other person;
- Claim a Focus Market username for the purpose of reselling it, confusing others, deriving others’ goodwill, or otherwise engage in name squatting;
- Access the Service from a different blockchain address if we’ve blocked any of your other blockchain addresses from accessing the Service, unless you have our written permission first;
- Distribute spam, including through sending unwanted NFTs to other users;
- Use the Service - including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Service in any manner;
- Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Focus Market;
- Use our Service for commercial purposes inconsistent with these Terms or any other instructions;
- Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality;
- Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service;
- Sell or resell the Service or attempt to circumvent any Focus Market fee systems;
- Engage in behaviours that have the intention or the effect of artificially causing an item or collection to appear at the top of search results, or artificially increasing view counts, favourites, or other metrics that Focus Market might use to sort search results;
- Use the Service or data collected from our Service for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);
- Use the Service for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to Focus Market;
- Use the Service, directly or indirectly, for, on behalf of, or for the benefit of:
- Any natural or legal person that is the subject of Sanctions;
- Any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; or
- Any legal person owned or controlled, directly or indirectly, by any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction.
- Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, offering, selling, or buying securities, commodities, options, or debt instruments;
- Use the Service to create, sell, or buy NFTs or other items that give owners’ rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities, or other financial instruments;
- Use the Service to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
- Use the Service to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;
- Infringe or violate the intellectual property rights or any other rights of others;
- Create or display illegal content, such as content that may involve child sexual exploitation;
- Create or display NFTs or other items that promote suicide or self-harm, incites hate or violence against others, or doxes another individual;
- Use the Service for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Terms of Service;
- Use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service.
We allow users to post Non Safe For Work (NSFW) content, but that content and other associated material is subject to being marked NSFW and may be handled differently than non-NSFW content in navigation menus and search results.
When using Focus Market, no User is allowed to:
- manipulate the price of Photo Assets in any way, including bidding on your own items, preventing bidding, or using Focus Market to conceal economic activity;
- email or otherwise upload any content that:
- infringes any intellectual property or other proprietary rights of any party;
- you do not have a right to upload under any law or under contractual or fiduciary relationships;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- poses or creates a privacy or security risk to any person;
- constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
- is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically, or otherwise objectionable; or
- in the sole judgment of Focus Market, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose Focus Market or its users to any harm or liability of any type;
- interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other Users from the Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorised;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism;
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the Platform, or to collect information about its Users for any unauthorised purpose;
- create user accounts by automated means or under false or fraudulent pretences;
- access or use the Platform for the purpose of creating a product or service that is competitive with any of our products or services.
You agree not to engage in any of the following categories of prohibited activity in relation to your access and use of the front-end interface: Intellectual property infringement, such as violations to copyright, trademark, service mark or patent. Interaction with assets, listings, smart contracts, and collections that include metadata that may be deemed harmful or illegal, including (but not limited to):metadata that promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or raises funds for terrorist organizations. Transacting in any Restricted Territory or interacting with any blockchain addresses controlled indirectly or directly by persons or entities Subject to Restrictions, that is, included in any trade embargoes or sanctions list.
Finally, by using the Service, you understand the importance of Doing Your Own Research (DYOR). You bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any NFT, collection, or account that you view or otherwise interact with in conjunction with our Service. We make no guarantees or promises about the identity, legitimacy, or authenticity of any NFT, collection, or account on the Service.
You are solely responsible for your use of the Service and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms, including the User Conduct requirements outlined in these Terms.
By using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with Focus Market’s metadata standards in your metadata API responses, you grant us a worldwide, non-exclusive, sub-licensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Service for our current and future business purposes, including to provide, promote, and improve the Service. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed on the Service.
Focus Market does not claim that submitting, posting, or displaying this content on or through the Service gives Focus Market any ownership of the content.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Service. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Focus Market the license described above, and that the content does not violate any laws.
Focus Market will take down works in response to Digital Millennium Copyright Act (“DMCA”) takedown notices and/or other intellectual property infringement claims and will terminate a user’s access to the Service if the user is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, you can contact us here or you may submit written notice to our designated copyright agent at:
Focus Market Ltd.
Attn: Legal Department
71-75 Shelton Street - Covent Garden
WC2H 9JQ, London
For us to process your infringement claim regarding content on the Service, you must be the rightsholder or someone authorized to act on behalf of the rightsholder. We encourage you to use our form to help ensure the requisite information is included in your notice. If you choose to write to us by e-mail or physical mail instead, your notice must include:
- Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed;
- Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., URLs) on the Service of the material claimed to be infringing, so that we may locate the material;
- Your contact information - at a minimum, your full legal name (not pseudonym) and email address;
- A declaration that contains all the following:
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;
- A statement that the information in the notice is accurate; and
- A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.
- Your physical or electronic signature (of your full legal name);
- Please note that we will forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on Focus Market and can also contact you to resolve any dispute.
We own the intellectual property generated by core contributors to Focus Market for the use of Focus Market, including (but not limited to) software, text, designs, images, and copyrights. Unless otherwise stated, Focus Market reserves exclusive rights to its intellectual property. Refer to our Brand Assets Documentation for guidance on the use of Focus Market’s copyrighted materials.
Except as expressly authorised by Focus Market, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Platform or the Platform Content, in whole or in part. In connection with your use of the Platform you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Focus Market from accessing the Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Platform or the Platform Content other than as specifically authorised herein is strictly prohibited. The technology and software underlying the Platform or distributed in connection therewith are the property of Focus Market, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Focus Market.
The Focus Market name and logos are trademarks and service marks of Focus Market, (collectively the “Focus Market Trademarks”). Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Focus Market. Nothing in this Terms of Service or the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Focus Market Trademarks displayed on the Platform, without our prior written permission in each instance. All goodwill generated from the use of Focus Market Trademarks will inure to our exclusive benefit.)
The Creator owns all legal right, title, and interest in all intellectual property rights underlying the Photo Assets minted by the Creator on the Platform, including but not limited to copyrights and trademarks. As the copyright owner, the Creator has the right to reproduce, prepare derivative Photo Assets, distribute, and display or perform the Photo Assets.
Creators hereby acknowledges, understands, and agrees that selling Photo Assets on Focus Market constitutes an express representation, warranty, and covenant that the Creator has not, and will not cause another to sell, tokenise, or create another cryptographic token representing a digital collectible for the same Photo Assets, excepting, without limitation, the Creator’s ability to sell, tokenise, 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 Photo Assets on Focus Market constitutes an express and affirmative grant to Focus Market, its affiliates and successors a non-exclusive, world-wide, assignable, sub-licensable, perpetual, and royalty-free license to make copies of, display, perform, reproduce, and distribute the Photo Assets 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 Focus Market, including without limitation, the express right to:
- 1.display or perform the Photo Assets on the Platform, a third-party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public;
- 2.create and distribute digital or physical derivative Photo Assets based on the Photo Assets;
- 3.indexing the Photo Assets in electronic databases, indexes, catalogues; and
- 4.hosting, storing, distributing, and reproducing one or more copies of the Photo Assets 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 Photo Assets listed on Focus Market contains only original content otherwise authorised for use by the Creator, and does not contain unlicensed or unauthorised copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Creator, not authorised 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 receive a cryptographic token representing the Creator’s Photo Assets as a piece of property, but do not own the creative work itself. Collectors may display and share the Photo Assets, but Collectors do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the Photo Assets, excepting the limited license to the Photo Assets granted by these Terms. Upon collecting a Photo Assets, Collectors receive a limited, worldwide, non-assignable, non-sub-licensable, royalty-free license to display the Photo Assets legally owned and properly obtained by the Collector.
The Collector’s limited license to display the Photo Assets, includes, but is not limited to, the right to display the Photo Assets privately or publicly:
- 1.for the purpose of promoting or sharing the Collector’s purchase, ownership, or interest;
- 2.for the purpose of sharing, promoting, discussing, or commenting on the Photo Assets;
- 3.on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the Photo Assets; and
- 4.within decentralised 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 Photo Assets, but Collectors may not make “commercial use” of the Photo Assets.
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:
- 1.modify, distort, mutilate, or perform any other modification to the Work which would be prejudicial to the Creator’s honour or reputation;
- 2.use the Photo Assets to advertise, market, or sell any third-party product or service;
- 3.use the Photo Assets 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;
- 4.incorporate the Photo Assets 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;
- 5.sell, distribute for commercial gain, or otherwise commercialise merchandise that includes, contains, or consists of the Photo Assets;
- 6.attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Photo Assets;
- 7.attempt to mint, tokenise, or create an additional cryptographic token representing the same Photo Assets, whether on or off the Focus Market Platform;
- 8.falsify, misrepresent, or conceal the authorship of the Photo Assets; or
- 9.otherwise utilise the Photo Assets for the Collector’s or any third party’s commercial benefit.
Collectors irrevocably release, acquit, and forever discharge Focus Market and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for Focus Market use of a Photo Assets in accordance with these Terms.
While Focus Market offers a marketplace for Photo Assets, it does not buy, sell, or ever take custody or possession of any Photo Assets. The Platform facilitates User collection of Photo Assets, but neither Focus Market nor the Platform are custodians of any Photo Asset. The User understands and acknowledges that the Smart Contracts do not give Focus Market custody, possession, or control of any Photo Assets or cryptocurrency at any time for the purpose of facilitating transactions on the Platform. You affirm that you are aware and acknowledge that Focus Market is a non-custodial service provider and has designed this Platform to be directly accessible by the Users without any involvement or actions taken by Focus Market or any third-party. As a marketplace, Focus Market cannot make any representation or guarantee that Creators will achieve any particular outcome as the result of listing their Photo Assets on Focus Market.
Creators expressly agree to refund to the Collector and/or Focus Market the entire portion of Fees received from the sale of a Photo Assets that was subsequently removed from the Site pursuant to an effective DMCA request to which the Creator failed to timely submit an effective copyright counter notification. Focus Market will not be held liable to any User for removing allegedly infringing works from the Platform or otherwise fulfilling its legal obligations under the relevant copyright legislation.
Creators, Collectors, and all Users expressly agree to cooperate and timely respond to Focus Market’s investigations, requests, and inquiries related to legal disputes or allegations of infringement. Users agree to initiate a “burn” transaction upon Focus Market’s request for Photo Assets that have been permanently removed from the Focus Market marketplace pursuant to a valid legal Take-Down Notice, or that are otherwise alleged to be infringing.
By creating an Account, you consent to receive electronic communications from Focus Market (e.g., via email, push notification, text messages, or other types of messages). These communications may include notices about your Account (e.g., transactional information) and are part of your relationship with us. We may also send you promotional communications via email we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Service and you may opt out of these communications through the Service (with the possible exception of important service announcements and administrative messages) by following the unsubscribe instructions provided.
By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Focus Market, and our respective past, present, and future 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 “Focus Market Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, legal fees and expenses), and costs (including, without limitation, 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:
- your use or misuse of the Service, content, NFTs, or content linked to or associated with any NFTs;
- any Feedback you provide;
- your violation or breach of any term of these Terms or applicable law;
- your violation of the rights of or obligations to a third party, including another user or third party, and
- your negligence or wilful misconduct.
You agree to promptly notify Focus Market of any Claims and cooperate with the Focus Market Parties in defending such Claims. You further agree that the Focus Market Parties shall have control of the defence or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND FOCUS MARKET.
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FOCUS MARKET EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. FOCUS MARKET (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICE:
- 1.WILL MEET YOUR REQUIREMENTS;
- 2.WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR
- 3.WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
FOCUS MARKET DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOCUS MARKET WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE FOCUS MARKET ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, FOCUS MARKET CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY NFTS, OR ANY NFTS YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE FOCUS MARKET PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD FOCUS MARKET RESPONSIBLE FOR ANY BREACH OF SECURITY.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM:
- 1.USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES;
- 2.SERVER FAILURE OR DATA LOSS;
- 3.UNAUTHORIZED ACCESS OR USE;
- 4.ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS.
NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM). FOCUS MARKET AND/OR ANY OTHER FOCUS MARKET PARTY CANNOT AFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.
NO FOCUS MARKET PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. NO FOCUS MARKET PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.
Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
You accept and acknowledge:
- The value of an NFTs is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
- A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications and could therefore also negatively impact the potential utility of NFTs.
- The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs.
- You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. Focus Market is not responsible for determining, withholding, collecting, reporting, or remitting the taxes that apply to your NFTs.
- There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabelled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections.
- We do not control the public blockchains that you are interacting with, and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Focus Market has no ability to reverse any transactions on the blockchain.
- There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Focus Market will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused.
- The Service relies on third party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favour or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
- Focus Market reserves the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on Focus Market. Under no circumstances shall the inability to view items on Focus Market or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against Focus Market.
- If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
- Assets available to trade on Focus Market should not be viewed as investments: their prices are determined by the market and fluctuate considerably.
- Focus Market’s services are non-custodial, such that we do not at any time have custody of the NFTs owned by our users. We do not store, send, or receive Digital Assets, as they respectively exist on the blockchain. As such, and due to the decentralized nature of the services provided, you are fully responsible for protecting your wallets and assets from any and all potential risks.
- Our software indexes NFTs on the Ethereum blockchain as they are created, and we are not responsible for any assets that users may mistakenly or willingly access or purchase through the software.
- You accept responsibility for any risks associated with purchasing such user-generated content, including (but not limited to) the risk of purchasing counterfeit assets, mislabelled assets, assets that are vulnerable to metadata decay, assets on faulty smart contracts, and assets that may become untransferable.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL FOCUS MARKET OR ITS SERVICE PROVIDERS 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 OR THE SERVICE, 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 STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF FOCUS MARKET OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, PRODUCTS OR THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF FOCUS MARKET ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, NFTS, OR ANY FOCUS MARKET PRODUCTS OR SERVICES EXCEED THE AMOUNT RECEIVED BY FOCUS MARKET FOR ITS SERVICE DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Service (or any features or parts thereof) at any time and without liability as a result.
These Terms of Service constitute the entire agreement between you and Focus Market and govern your use of the Service, superseding any prior agreements between you and Focus Market with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. These Terms of Service will be governed by the laws of the England and Wales (UK Law) without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Focus Market agree to submit to the personal and exclusive jurisdiction of the court system in England & Wales. The failure of Focus Market to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Focus Market, but Focus Market may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Platform may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.
If you breach any of the provisions of these Terms, all licenses granted by Focus Market will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, terminate, or delete your Account and/or your ability to access or use the Service (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us.
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
You agree that a breach of these Terms will cause irreparable injury to Focus Market for which monetary damages would not be an adequate remedy and Focus Market shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Focus Market or you. Termination will not limit any of Focus Market’s other rights or remedies at law or in equity.
These Terms constitute the entire agreement between you and Focus Market relating to your access to and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you without the prior written consent of Focus Market, and Focus Market’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
You and Focus Market agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
Except as otherwise provided herein, 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.
The terms and mechanics of the Auctions are set forth in our Help Centre and incorporated into these Terms.
The Fees for an initial sale of Photo Assets on Focus Market is as follows:
- Creators receive 95% of the total sale price of an Initial Sale.
- Focus Market collects 5% of the total sale price of an Initial Sale.
- You agree and understand that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the smart contracts on the Ethereum blockchain network.
The Fees for a secondary sale of Photo Assets on Focus Market is as follows:
- Seller receives 95% (minus royalty fees) of the total sale price of a Secondary Sale.
- Original Creator receives their chosen royalty percentage of the total sale price of a Secondary Sale.
- Focus Market collects 5% of the total sale price of a Secondary Sale.
- You agree and understand that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the smart contracts on the Ethereum blockchain network.
Focus Market does not generally collect any fees, commissions, or royalties for transactions occurring outside of the Focus Market platform. Users irrevocably releases, acquits, and forever discharges Focus Market and its subsidiaries, affiliates, officers, and successors of any liability for royalties, fines, or fees not received from any off-market transaction.
All transactions on Focus Market, including without limitation minting, tokenising, bidding, listing, offering, purchasing, or confirming, are facilitated by smart contracts existing on the Ethereum network. The Ethereum network requires the payment of a transaction fee (a “Gas fee”) for every transaction that occurs on the Ethereum network, and thus every transaction occurring on Focus Market. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of Focus Market. The User acknowledges that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on Focus Market be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable.
Platform transactions, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations utilise experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralised or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky and may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain (i.e., "forks"), which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or Photo Assets, or lost opportunities to buy or sell Photo Assets.
Your use of the platform is at your sole risk. The platform is provided on an “as is” and “as available” basis. Focus Market expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Focus Market makes no warranty that:
- 1.the platform will meet your requirements;
- 2.the platform will be uninterrupted, timely, secure, or error-free;
- 3.the results that may be obtained from the use of the platform will be accurate or reliable; or
- 4.the quality of any products, platforms, information, or other material purchased or obtained by you through the platform will meet your expectations.
Certain features on Focus Market may be offered while still in “beta” form (“Beta Platforms”). Focus Market will utilise best efforts to identify the Beta Platforms by labelling on its Platform. By accepting these Terms or using the Beta Platforms, you understand and acknowledge that the Beta Platforms are being provided as a “Beta” version and made available on an “As Is” or “As Available” basis. The Beta Platforms may contain bugs, errors, and other problems. You assume all risks and all costs associated with your use of the beta platforms, including, without limitation, any internet access fees, back-up expenses, costs incurred for the use of your device and peripherals, and any damage to any equipment, software, information, or data. In addition, we are not obligated to provide any maintenance, technical, or other support for the Beta Platforms.
Focus Market reserves the right to terminate, suspend or restrict your access to any Account(s) if there is reasonable suspicion by us that the person logged into your Account(s) is not you or if we suspect that the Account(s) have been or will be used for any illegal, fraudulent, or unauthorized purposes. Under no circumstances shall Focus Market or indemnified persons in accordance with these Terms be responsible or liable for any direct or indirect losses (including loss of profits, business, or opportunities), damages or costs suffered by you or any other person or entity due to any such termination, suspension, or restriction of access to any Account(s).