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Terms of Service

Terms of Service

TRILLER NFT PLATFORM TERMS AND CONDITIONS

LAST REVISED: December 1, 2021

1. Acceptance of NFT Terms; Modification of NFT Terms

Welcome to the Triller NFT Platform of Triller, Inc., whose address is at 2121 Avenue of the Stars Suite 2350, Los Angeles, California 90067 (“Company”, “we”, “us”, or “our”). These Terms and Conditions (“NFT Terms”) constitute a legally binding agreement between Company and each registered or unregistered end user (each, a “User”, “you” or “your”) of the Triller NFT Platform located at nft.triller.co or trillfernfts.com or such other URL as may be designated by Company from time to time, as well as any mobile apps or other related services or applications thereto (collectively, the “NFT Platform”).   

The NFT Platform is considered part of the “Platform” as defined in the Triller.co Terms of Service (“Platform Terms”) set forth here.  The Platform Terms are incorporated by reference into these NFT Terms, and govern your use and access of the NFT Platform.  In the event of a conflict between these terms of these NFT Terms and the Platform Terms, the NFT Terms will supersede and control.  

Please carefully review these NFT Terms and the Platform Terms.  By accessing and using the NFT Platform (including by creating an Account (as defined in the Platform Terms) or by purchasing or bidding on any items herein), you are deemed to have read, accepted, executed and agreed to be bound by these NFT Terms (including the Platform Terms as incorporated by reference herein).  We may change or amend the NFT Platform or these NFT Terms at any time at our sole and absolute discretion. Any changes to the NFT Terms will be in effect as of the “LAST REVISED” date referred to at the top of this page.  You acknowledge and agree that the form and nature of the NFT Platform, and any part of it, may change from time to time without prior notice to you, and that we may add new or remove existing features and change any part of the NFT Platform.

IF ANY PROVISION OF THESE NFT TERMS OR THE PLATFORM TERMS OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE NFT PLATFORM AND DO NOT CREATE AN ACCOUNT. YOUR CONTINUED USE OF THE NFT PLATFORM FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.

ARBITRATION NOTICE: THE PLATFORM TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. Certain Definitions

Any capitalized terms used but not defined in these NFT Terms will have the meaning set forth in the Platform Terms.  For the purposes of these NFT Terms, the following capitalized terms will have the following meanings: 

“Company NFT” means an NFT (as defined below) that is minted and sold directly by or on behalf of Company through the NFT Platform, and that is associated with certain Content (as defined below) made available by Company. 

 “Content” means content, materials, art, design, and drawings (in any form or media, including, without limitation, video or photographs).

“NFT” means a non-fungible token or similar digital item implemented on a blockchain (such as Ethereum or another blockchain or sidechain such as Polygon), which may use smart contracts, such as a non-fungible token conforming to the ERC-721 standard on the Ethereum blockchain network.  The NFT is separate and distinct from the Content or any other Third Party IP with which it may be linked or associated.

“Third Party IP” means any third party copyrights, trade secrets, trademarks, know-how, patent rights or any other intellectual property rights recognized in any country or jurisdiction in the world. 

3. NFT Platform

The NFT Platform may provide you with the opportunity to post, mint, sell, purchase, bid on, collect, trade and showcase NFTs. The NFT Platform may offer two kinds of NFTs available for purchase or trade:

(1) Company NFTs. 

The NFT Platform allows you to bid on, purchase and otherwise transact in Company NFTs.  Company may mint NFTs on various blockchains such as Ethereum, Polygon (a secondary blockchain that facilitates lower cost transactions and that is designed to allow digital assets such as NFTs to be bridged directly to or from the Ethereum blockchain), or such other blockchains as we may designate from time to time.  Company will endeavor to display which blockchain a Company NFT is minted on at the time of purchase.  It is your responsibility to evaluate this for yourself at the time of purchase of a Company NFT, and for ultimately bridging (if desired) any Company NFT to the blockchain of your choice after purchase.  

When you purchase a Company NFT, you own the NFT but you do not own any intellectual property rights in the Content except for the license grants expressly set forth herein.  

In certain instances, a purchase of a Company NFT may come with a commitment by the Company that the Company NFT will be “one of a kind” or a similar designation (“Unique NFT”).  In such an instance, Company commits that it will not sell any other NFT featuring the same Content as associated with such Unique NFT. Company will also provide you such documentation as determined by Company that attests that Company has not sold or distributed or otherwise made available any other NFT that is associated with the same Content as associated with your Unique NFT.  

For clarity, Company does not represent, warrant or guarantee that others have not created or downloaded their own copies of such Content (including via unauthorized ripping or downloading of such Content), or that others will not attempt to sell their own NFTs featuring such Content.  Company has no obligation or liability to take down such other NFTs featuring such Content.  Further, the foregoing does not restrict the Company from selling other Content of the same subject matter or event as featured in any Unique NFT, as long as such other Content is different from the Content of the Unique NFT (e.g., different clip length, camera angle, background music, etc.). 

For clarity, any commitments related to a “one of a kind” NFT or similar designations that may be made by third parties that are not the Company (such as a Seller User (as defined below) making such a claim with respect to sales of their User NFTs) are not binding or applicable to the Company and such NFTs are not considered Unique NFTs under these NFT Terms.

(2) User NFTs

The NFT Platform may allow you to bid on, purchase and otherwise transact in NFTs that are minted, owned or controlled by other Users of the NFT Platform, and that those Users have made available to you for purchase via the NFT Platform (“Seller Users”). These NFTs will be called “User NFTs” and the applicable Seller Users will be deemed the provider or seller of User NFTs.  User NFTs are not owned or controlled by the Company, and the Company makes no representations, warranties or guarantees of any kind with respect to User NFTs.

We have the right to (a) remove, delist, or refuse to post, list, mint or allow to be sold any User NFTs from within the NFT Platform for any or no reason in our sole discretion; and (b) take any action with respect to User NFTs that we deem necessary or appropriate in our sole discretion, including if we believe that a User NFT violates these NFT Terms, infringes any intellectual property right of any person or entity, threatens the personal safety of others or the public, or could create liability for the Company or other Users.  

Users that buy or otherwise acquire Company NFTs or User NFTs  via the NFT Platform are referred to as “Buyer Users”.

For Seller Users: By minting, providing, or selling User NFT through the NFT Platform, you hereby represent and warrant that you own all legal right, title and interest in all intellectual property rights to the Content linked or associated with such NFT, or you are legally authorized by the intellectual property owner to mint, provide or sell the User NFT on the NFT Platform.  You further represent and warrant that you will not mint, provide or sell any User NFT that includes or otherwise incorporates into the User NFT underlying smart contract any virus, bug, malicious code or other code which could be used to commit fraud or otherwise cause harm (against a Buyer User, the Company, or any other person or entity). Except for NFTs minted on the NFT Platform, in order to list any User NFT for sale on the NFT Marketplace, you may be required to transfer the NFT to Company for sale until such time as the User NFT is sold or you decide to remove the User NFT from the NFT Marketplace. In such event, Company may store the User NFT in an omnibus digital wallet in Company's name. If Seller User determines (subject to these NFT Terms or any other terms or conditions applicable to the sale of the User NFT) to remove the User NFT from the NFT Marketplace, Company will transfer such User NFT back to the Seller User's designated Non-Custodial Wallet within five business days of such sale being cancelled. For clarity, Company has no obligation or liability to you for keeping, storing, or helping you recover any Content associated with your User NFTs.  

For Buyer Users: In certain cases, we may help to evaluate or provide you with information about a seller of an NFT.  However, such information is provided for informational purposes only.  You bear full responsibility for verifying the authenticity, legitimacy, identity of any NFT you purchase on the NFT Platform.  We make no guarantees or promises about the identity, legitimacy, or authenticity of any NFT on the NFT Platform.

Company uses commercially reasonable efforts to develop smart contracts underlying Company NFTs minted directly by the Company using the services of competent and professional service providers in the industry, with the intent to provide the functionality of such smart contracts set forth in the Platform Terms and any other Company terms governing such Company NFTs. However, Buyer Users are purchasing such NFTs at their own risk, and we will not be liable or responsible to you for any failure in the intended function of such smart contracts, or any bugs, viruses, malicious code or other code which may be incorporated into any such smart contracts which could be used to commit fraud or otherwise cause harm. Buyer Users are purchasing all NFTs on the NFT Platform, subject to each such NFTs underlying smart contract, at their own risk. 

Company does not review, audit, police or monitor any smart contracts underlying any NFTs offered for sale or transfer through the NFT Platform that are not Company NFTs minted directly by the Company. We will not be liable or responsible to you for any failure in the intended function of such smart contracts, or any bugs, viruses, malicious code or other code which may be incorporated into any such smart contracts which could be used to commit fraud or otherwise cause harm. Any claims arising out of the foregoing shall be between Buyer User and Seller User only. 

4. User Accounts and Wallets

You may browse and check out offerings on the NFT Platform without creating a user account.  However, to actually transact on the NFT Platform (such as purchasing or selling NFTs), you will need to create a dedicated user account (each such account, your “NFT Platform Account”).  Section 4 of the Platform Terms (User Accounts; Registration Data) will apply to your NFT Platform Account. You may not attempt to conceal your identity by using multiple NFT Platform Accounts or email addresses, or by any other means, to conduct transactions on the NFT Platform via multiple accounts. You are solely responsible for the security of your NFT Platform Account.

When you buy or sell NFTs using your NFT Platform Account, you may choose to link your own non-custodial digital wallet, such as Metamask (“Non-Custodial Wallet”) with your NFT Platform Account (provided, however, that you must link your Non-Custodial Wallet to you NFT Platform Account in order to receive any NFTs purchased on the NFT Platform).  Non-Custodial Wallets allow you to purchase, store and engage in transactions involving NFTs and other digital assets when using the NFT Platform.  You may elect to receive or transfer Company NFTs and/or User NFTs into your Non-Custodial Wallet, subject to such functionality being made available on the NFT Platform.  By using Non-Custodial Wallets in connection with the NFT Platform, you agree that you are using such Non-Custodial Wallets under the terms and conditions of the applicable providers of Non-Custodial Wallets.  For example, for the Metamask wallet, those terms and conditions are available at https://metamask.io/terms.html.   Non-Custodial Wallets are not associated with, maintained by, supported by, or affiliated with Company.  Company accepts no responsibility or liability to you in connection with your use of a Non-Custodial Wallet, and makes no representations or warranties regarding how the NFT Platform will operate with any specific Non-Custodial Wallet.  The private keys necessary to decrypt a Non-Custodial Wallet are held solely by you, and not by Company.  Company has no ability to help you access or recover your private keys for your Non-Custodial Wallet, so please keep them in a safe place.

5. NFT Transactions

The NFT Platform may facilitate transactions for purchases and sales of User NFTs between Buyer Users and Seller Users.  However, we may not be a party to any sales agreements between Buyer Users and Seller Users on the NFT Platform, and we’re not responsible for any breach or default by a Seller User or a Buyer User.  That said, we reserve the right to be the final decision maker on any disputes arising from purchases of User NFTs via the NFT Platform, including in connection with any auctions or other purchase methods. 

If you have a dispute with one or more Users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) 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 only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

With respect to transactions of User NFTs between Buyer Users and Seller Users, we collect revenue on the NFT Platform for such transactions via transaction fees and other applicable fees which we display when you interact with the NFT Platform.  There may also be third party fees, including, for example, GAS fees in connection with minting your NFTs or processing certain of your other transactions through the blockchain while you use the NFT Platform.  

You are responsible for your interactions with other Users. Company reserves the right, but is not obligated, to monitor interactions between Users, and Company is not liable for your interactions  with other Users, or for any User’s actions or inactions. You may not mint, trade, transfer, buy or sell NFTs on the NFT Platform if you are under 18 years of age.

In order to transact on the NFT Platform, we or our service providers may require you to provide additional information and documents as required by applicable law or regulation, including laws related to anti-money laundering. In such cases, we, in our sole discretion, may pause or cancel your transactions within the NFT Platform until we, and/or our service providers, have reviewed the provided information and documentation and accepted it as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, your transactions may not be processed on the NFT Platform. You acknowledge that there may also be a time delay between the time when you submit such information and when we and/or our service providers are able to complete any anti-money laundering, know-your-client or similar checks. 

If you have reason to believe that an NFT listed on the NFT Platform was illegally obtained or created, please contact us immediately at the contact information set forth at the bottom of these NFT Terms. If we determine from the evidence that the NFT was illegally obtained or created, we will attempt to remove or hide it from the NFT Platform or disable trading of it via the NFT Platform.

6. License to Content

If you purchase a Company NFT through the NFT Platform, then subject to your compliance with these NFT Terms and any underlying smart contract terms, Company hereby grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Content for such purchased Company NFT, solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of a marketplace (including any marketplace that Company may offer) that permits the purchase and sale of your Company NFTs, provided that the marketplace cryptographically verifies each Company NFT owner’s ownership of the Company NFT to ensure that only the actual owner can sell such Company NFT; or (c) as part of a third party website or application that permits the inclusion, involvement, or participation of your Company NFT, provided that the website/application cryptographically verifies each Company NFT’s owner’s ownership of the Company NFT .  This license only lasts as long as you are the valid owner and holder of the Company NFT associated with the licensed Content.  If you sell or transfer the Company NFT to another person, this license will transfer to such other owner or holder of the Company NFT, and you will no longer have the benefits of such license.

As between any User and Company, Company retains all right, title and interest in and to the NFT Platform and Content, throughout the world, in perpetuity.  The Content and all intellectual property rights in and to the NFT Platform are considered “Platform IP” as set forth in the Platform Terms.

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’) express prior written consent in each case: (a) modify the Content for your Company NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (b) use the Content for your Company NFT to advertise, market, or sell any third party product or service; (c) use the Content for your Company 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) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Content for your Company NFT; (e) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Content for your Company NFT; or (f) otherwise utilize the Content for your Company NFT for your or any third party’s commercial benefit.

If the Content associated with your Company NFT contains Third Party IP (e.g., licensed intellectual property from any rights holder, such as music performance rights or publicity rights), 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 Content for your Company NFT, 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 reserve every right to) pass through additional restrictions on your ability to use the Content; 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, and that failure to do so will be deemed a breach of the license contained herein.

7. Auction Terms

The Company NFTs may be sold by Company, and the User NFTs may be sold by Seller Users, as part of an auction.  You will be permitted to submit bids for a Company NFT and User NFTs through the NFT Platform or such other means that Company designates in its sole discretion.  You must pay for the purchase via the currency set forth by Company, which may be in dollars or cryptocurrency.  Company and User Sellers may set minimum bid amounts, reserve prices, or other rules and restrictions for any Company NFT or User NFT auction, as applicable.  

As soon as you place and confirm your bid amount, you agree that you may not, under any circumstances, amend, retract or revoke your bid. Company is not responsible for any errors made in your bidding. Company reserves the right, in its sole and absolute discretion to reject, revoke or refuse to accept any bid (even those that have been previously accepted); to withdraw any Company NFT or User NFT from being eligible for purchase, whether during or after the sale, including for failing to meet any reserve prices; to restart or continue the bidding even if the bidding has finished; or in the case of error or dispute and whether during or after the sale, to continue the bidding, determine the successful bidder, cancel the sale of the lot, or re-offer and re-sell any lot. If any dispute relating to bidding arises during or after the sale, Company’s decision in exercise of this option is absolute and final.

Bids may only be submitted between the dates and times specified for that Company NFT or User NFT, as applicable, or as otherwise permitted by Company in its sole discretion.  However, Company (or Seller User) may extend the bidding window to always ensure a buffer period (such as five minutes) exists between the last bid and closing time of that bidding window. These extensions may continue indefinitely until there is no more bidding activity on the Company NFT (or User NFT) for such designated period.

The purchase price of any auction will include the hammer price and the buyer’s premium (in the case of a sale by auction) or a “Buy Now” price if that is offered by the Company or Seller User, as applicable, as well as any all shipping and related costs and charges, transaction costs, including but not limited to GAS fees, conversion fees, payment fees and other platform fees,  any applicable duties, goods, sales use, compensating or service tax or VAT.  

Company or Seller User may provide a “Buy Now” feature that allows you to pay for a Company NFT or User NFT, as applicable at a specific price without bidding during an auction. If you purchase such a lot at the “Buy Now” price, these NFT Terms and auction terms will apply to the purchase or bid in the same manner as if you had been the successful bidder in an auction for that Company NFT or User NFT, as applicable.

8. Verification and Payment 

In order to make a purchase through the NFT Platform, you may be subject to certain identity verification and other know-your-customer-type reviews by Company and/or our service providers. While you may register and obtain an NFT Platform Account without completing this process and undergoing such reviews as we and/or our service providers, in our sole discretion, deem necessary to comply with applicable law and our or our service providers’ internal policies, you will not be able to receive any purchased NFTs (either User NFTs or Company NFTs) prior to completing the process to our and our service providers' satisfaction. If, in our opinion, you do not satisfy our bidder identification and registration procedures, we may refuse to register you to bid or permit your participation in the sale and if you make a successful bid, we may cancel your bid and sell the Company NFT or User NFT to another person.

You may pay for an NFT purchased on the NFT Platform using a credit card, cryptocurrency, or other payment method authorized by us or our service providers. Company does not process any payments made on or through the NFT Platform. We use the services of third party service providers, including Curios, Inc., to enable the processing of purchase and sale transactions of NFTs via the NFT Platform. In the event you are a winning purchaser of a Company NFT or User NFT, you must pay the purchase price within 1 business day after the close of the auction, or such other time as may be specified in the particulars of the Company NFT or User NFT auction or sale. 

You may link one or more payment methods to your NFT Platform Account, including a third-party provided cryptocurrency wallet, a valid credit card or such other payment method as we or our service providers may authorize. By using such payment method to make a purchase on or through the NFT Platform, you represent and warrant that you are authorized to use the payment method you use via the NFT Platform to make any purchase. You authorize us (or the provider of any subscription to which you subscribe) to charge your payment method for the total amount of your purchase (including any applicable taxes). Your order may be suspended or cancelled for any reason, including if the payment method cannot be verified, is invalid or is otherwise not acceptable. Any holds on your account by any other payment processor are solely your responsibility. Your order may be suspended or cancelled for any reason, including if the payment method cannot be verified, is invalid or is otherwise not acceptable. Other payments terms for purchases are set forth in the payments sections of the Platform Terms and terms and conditions presented to you by one or more of our service providers, including Curios, Inc.  

Processing orders when you purchase a Company NFT or User NFT may take multiple days. When you pay for your purchased Company NFT or User NFT, regardless of payment method, your funds and the purchased NFT are subject to a holding period (which may be a ten (10) day holding period for credit card purchases). During this period, we and our service providers conduct the identity verification procedures discussed above and ensure that your payment has been received by our service provider and is not subject to any chargebacks or other issues. While you may only be subject to the identity verification screening for your first purchase, all NFTs purchased with a credit card are subject to the ten (10) day holding period. At the end of the ten (10) day period (for credit card purchases), or such other period as Company may, in its sole discretion, require to comply with applicable law and internal policies and procedures and meet operational requirements (regardless of payment method), Company or Seller User (as applicable) will transfer the purchased NFT to your designated third-party provided wallet.
 

You are responsible for providing Company (or Seller User, as applicable) with a complete and accurate address for your designated, third-party provided wallet (including any Non-Custodial Wallet) or Platform Wallet for receipt of any purchased NFTs. You are solely responsible for any errors that may occur in such transfer due to providing us incorrect information about your wallet, its keys, or other relevant information required to facilitate such transfer. The terms of transmission for any User NFT will be as agreed between the Seller User and Buyer User.

We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the NFT Platform, or any other payment or transactions that you conduct via the NFT Platform. We do not provide refunds for any purchases that you might make on or through the NFT Platform – whether for Company NFTs, User NFTs or anything else.

You will be solely responsible to pay 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 associated with your use of the NFT Platform,  Company NFTs, or User NFTs, except for income taxes levied on us as a result of any such purchases of Company NFTs or User NFTs.

9. License to User Content

In connection with your use of the NFT Platform, you may be able to post, upload, or submit other content through the NFT Platform, separate from the Content tied to the NFT.  Such additional content may include an avatar image associated with your NFT Platform Account on the NFT Platform, comments on specific NFTs, NFT descriptions, blog posts, or other user generated content.  Such content will be deemed “User Content” as defined in the Platform Terms, and you grant us a license in such User Content as set forth in the Platform Terms.  For clarity, Content is not considered User Content.

You agree that the other Users of the NFT Platform will have the right to comment on and/or tag User Content and/or to use, publish, display, modify or include a copy of User Content as part of their own use of the NFT Platform; except that the foregoing does not apply to any of User Content that you post privately for non-public display on the NFT Platform.  By posting or submitting User Content to the NFT Platform, 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 User Content.  You agree that User Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. 

We have the right to (a) remove or refuse to post any of User Content for any or no reason in our sole discretion; and (b) take any action with respect to User Content that we deem necessary or appropriate in our sole discretion, including if we believe that User Content violates these NFT Terms, infringes any intellectual property right of any person or entity, threatens the personal safety of Users of the NFT Platform or the public, or could create liability for the Company or other Users.  

You may choose to submit feedback, comments, ideas or other feedback about the NFT Platform (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
 

10. Copyright Policy for User Content

Company may, but is not obligated to, monitor the NFTs, Content and User Content uploaded to the NFT Platform for any infringement of a third party’s intellectual property rights.  If you believe that any User Content or User NFTs that are available on the NFT Platform infringes your copyright, you may send us a notice that the content be removed.  Please submit the notice in accordance with the provisions of the Section of the Platform Terms entitled “Digital Millennium Copyright Act.” 

11. Assumption of Risks

You acknowledge and agree that there are risks associated with purchasing and holding NFTs and using blockchain technology. These including, but are not limited to, risk of losing access to NFT due to loss of private key(s), custodial error or purchaser error, risk of mining or blockchain attacks, risk of hacking and security weaknesses, risk of unfavorable regulatory intervention in one or more jurisdictions, risks related to token taxation, risk of personal information disclosure, risk of uninsured losses, unanticipated risks, and volatility risks. 

The prices of collectible blockchain assets are extremely volatile and subjective and collectible blockchain assets have no inherent or intrinsic value. Each Company NFT has no inherent or intrinsic value. 

There are risks associated with using an Internet-based currency, 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 unauthorized access to information stored within your electronic wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using any blockchain network, however caused.  You acknowledge that you have obtained sufficient information to make an informed decision to purchase an NFT, including carefully reviewing the code of the smart contract and the NFT and fully understand and accept the functions of the same. 

The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the NFT Platform, and therefore the potential utility or value of your Company NFTs. Upgrades to any blockchain network or hard forks in such networks, or a change in how transactions are confirmed on such blockchain networks may have unintended, adverse effects on all blockchains, including any that are related to your Company NFTs.  

Any purchase or sale you make, accept or facilitate outside of the NFT Platform of an NFT will be entirely at your risk. We do not control or endorse purchases or sales of NFTs outside of the NFT Platform. We expressly deny and disclaim any liability to you and deny any obligation to indemnify you or hold you harmless for any losses you may incur by transacting, or facilitating transactions, in NFTs outside of the NFT Platform.

We will not be liable or responsible to you, nor be deemed to have defaulted under or breached these NFT Terms, for any failure or delay in fulfilling or performing any of our obligations under these NFT Terms or in operating the NFT Platform,  when and to the extent such failure or delay is caused by or results from any events beyond Company’s ability to control, including acts of God; flood, fire, earthquake, epidemics, pandemics, tsunami, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity, and other similar events beyond our control.

12. Contact

General questions or comments about the NFT Platform or these NFT Terms should be sent either by mail to Triller, Inc., 2121 Avenue of the Stars Suite 2350, Los Angeles, California 90067, or email to [email protected]