Introduction
1.1 These Terms and Conditions and Privacy Policy (“Terms”) govern your access to and use of the NestX NFT Marketplace website(s), our APIs, mobile applications (“App” or “DAPP”), Discord, Twitter, Telegram, or other information channels, and, software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to view, explore, help display, launch/drop, to connect directly with others to mint, purchase, sell, or transfer NFTs on public blockchains. “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain, which uses smart contracts to link to or otherwise be associated with certain content or data.
1.2 For purposes of these Terms, “user,” “you,” and “your” mean you as the user or investor. If you use the Service on behalf of a company or other entity, then “you” includes you and that entity. You represent and warrant that (a) you are an authorized representative of the entity with authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
NestX
2.1 By joining, using, reading, or participating, you automatically accept the NestX NFT Marketplace (from here “NestX”) Terms and Conditions, the Privacy protocol, legal statements displayed on our website, DAPP, or Whitepaper.
2.2 NestX is not a wallet provider and does not provide Legal or Financial Advice.
Ownership
2.3 NestX provides a web3 NFT Marketplace and Launchpad service (P2P) that helps users discover and interact with NFTs on public blockchains.
Guarantees and responsibility
3.1 NestX is not responsible for loss or (financial)damage. Participating in NestX is voluntary and at your own risk. Defi and NFTs are high-risk investments.
3.2 NestX does not have custody or control over the NFTs, blockchains, wallets, NFT Drops, or other products or services you interact with. As a peer-to-peer web3 service, The NestX Marketplace helps you explore NFTs and participate in NFT drops created by third parties, and interact with different blockchains.
3.3 NestX cannot guarantee that any NFTs on NestX will remain visible and/or available to be bought, sold, or transferred. Users are solely responsible for any content related to their NFTs. NFTs are available on public blockchains, are purchased, sold, or transferred between a buyer, seller, and/or creator directly, and may be purchased, sold, or transferred by buyers, sellers, and/or creators without the use of our Service and therefore without agreeing to our Terms. Always Do Your Research.
3.4 Purchases, transfers, buying, selling, connecting, interacting, reading, participating, or other actions are always at your own risk. NestX is not responsible for any participation or interaction. Third-party products (wallets, blockchains, NFTs and crypto or Defi, etc.) come with risks. You understand the risk and are responsible for any actions or risks.
3.5 You are fully responsible for verifying the identity, legitimacy, and authenticity of NFTs you purchase from third-party sellers using NestX.
3.6 NestX will make no claims, not provide guarantees, not make recommendations about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on NestX. We will not block wallets or argue with third-party. Always Do Your Own Research.
3.7 NestX does not make any representations or warranties about this third-party content visible through our Service, including any content associated with NFTs, drops, or other kinds of Defi products displayed on the Service, and you bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers.
3.8 The NestX has its own/individual product/branding and functionality, separated from Phenix Finance. NestX is its own entity. The usages of Phenix Finance channels, socials, or websites, do not guarantee any integrations. Integrations can be temporary. Future changes can be made.
3.9 NestX can decline and/or cancel the listing and/or NFT drop of third-party projects or users.
3.10 The (team) conversations with third-party projects or users are confidential. The release of information will result in a cancellation of the partnership and/or can result in an (in article 4.3 stated) penalty.
Intellectual Property Rights and Access
4.1 The information, content, logo, or other kinds of content or information provided on the Site (or our channels and Socials) are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Access to the NestX marketplace is only allowed for users aged 18+.
4.2 The Site, content, or information in our channels and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by The NestX Copyright and trademark laws and various other intellectual property rights international copyright laws, and international conventions protect them.
4.3 Violations of any parts of the NestX Terms and Conditions can result in a penalty of $ 500 (USD) for every incident.
Services
5.1 By using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with the NestX metadata standards in your metadata API responses, you grant NestX a worldwide, non-exclusive, sublicensable, 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 consists of any digital file, art, or other material linked to or associated with any NFTs displayed on the NestX.
5.2 NestX services came with an NFT trading fee, launchpad fee, and potential third-party royalty fee. NestX does not hold third-party royalty fees. The third party is responsible for correct smart contract royalty fee integration and communication. NestX will not provide royalty fee compensation or other compensations. Blockchain gas settings and blockchain gas payments will not be refunded. Gas costs are part of the investor's risks associated with any approval or transaction. NestX does not make any representations or warranties about third-party platform users.
Tax
6.1 Users and third-party are solely responsible for determining what, if any, taxes apply to your NFT transactions on NestX. NestX is not responsible for determining the taxes that may apply to your NFT transactions.
Data Collection
7.1 NestX can collect information and data, which may be identifiable, pseudonymous, or anonymous (including aggregated and de-identified data), or blockchain data. As you navigate through and interact with NestX, NestX may use automatic data collection technologies to collect certain inforformafiin. A third party can collect information. Data can be used for a personalized experience and improvements of NestX (not limited).
Jurisdiction
8.1 These Terms are governed by and shall be construed in accordance with the laws of Pays-Bas.
8.2 NestX has the right to update or change the Terms and Conditions and Data experience