Accepting these Terms
Your Savage Account
You need to create an account with Savage to use the Services. When you create an account, we will ask you for some information about yourself. We may require you, in our sole discretion, to provide additional information and/or documents. If you do not provide complete and accurate information and/or documents in response to such a request, we may refuse to provide you with the Services.
Your Savage account is subject to the following conditions:
- You may only open one account on Savage. If we have a reasonable suspicion that you have opened multiple accounts on Savage, we reserve the right to take whatever action we deem appropriate, including but not limited to closing and/or freezing your accounts.
- Access: you understand and agree that access to your Savage account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your Savage account to any person without our prior written permission.
- Security: you understand and agree that you are solely responsible for maintaining the security of your account and control over any usernames, passwords, or any other codes that you use to access the Services. Any unauthorized access to your account by third parties could result in the loss or theft of NFTs and/or funds held in your account and any associated accounts, including your linked bank account(s) and credit card(s). You understand and agree that you will not hold us responsible for managing and maintaining the security of your account. You further understand and agree that we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your account. You are responsible for monitoring your account. If you notice any unauthorized or suspicious activity in your account, please notify us immediately.
- Trading Fees: by buying or selling a NFT on Savage, you agree to pay all applicable fees and you authorize Savage to automatically deduct fees directly from your payment. You will always be provided with a breakdown of fees prior to your purchase or sale of a NFT.
- Communication: you agree and understand that we will communicate with you via electronic means. To ensure that you receive all of our communications, you agree to keep your email address and telephone number current and notify us if there are any changes. You agree that any notices, agreements, disclosures, or other communications delivered to your email address on record is considered valid.
- USD Balance: certain approved Users may carry a balance in U.S. Dollars to facilitate transactions on the Savage platform. You are the owner of your balance.
- Unclaimed Property: if Savage is holding funds in your account and has no record of your use of the Service for several years, we may be required, upon passage of applicable time periods, to report these funds as unclaimed property in accordance with the abandoned property and escheat laws. If this occurs, we will use reasonable efforts to give you written notice. If you fail to respond within seven business days or as required by law, we may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. We reserve the right to deduct a dormancy fee or administrative fee from such unclaimed funds, as permitted by applicable law.
IF SAVAGE HAS A REASONABLE BELIEF THAT YOU HAVE ENGAGED IN ACTIVITIES (1), (2), (3), (4), or (5) ABOVE, SAVAGE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CONFISCATE ANY NFTS PURCHASES PURSUANT TO THOSE ACTIVITIES AND/OR DEEM SUCH TRANSACTIONS NULL AND VOID.
You agree that we may send you promotional communications by email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you.
You agree that we may send you communications by email or text message (if you have provided us a text messaging number) that pertain to the status of a purchase or sale of a NFT on Savage, and other communications that pertain to your interaction with the website, including but not limited to notifications about the status of a NFT you are interested in purchasing.
You may opt out of promotional communications at any time by following the instructions provided therein.
You understand and agree that you are responsible for any User Content you submit or contribute, and you, not Savage, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content, accuracy, or appropriateness of any User Content posted by you or any other user on the Site.
Rights in NFT Creations and NFT Content
While Savage offers a marketplace for NFTs, it does not buy, sell, or ever take custody or possession of any NFTs. The Platform facilitates User collection of NFTs, but neither Savage nor the Platform are custodians of any NFT. The User understands and acknowledges that the Smart Contracts do not give Savage custody, possession, or control of any NFT or cryptocurrency at any time for the purpose of facilitating transactions on the Platform. You affirm that you are aware and acknowledge that Savage 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 Savage or any third-party.
Savage hereby sets forth that, with respect to rights and obligations of Savage, control of an NFT on the blockchain is does not necessarily establish legal ownership of the NFT or Intellectual Property rights associated with the NFT (if any). Control of an NFT on the blockchain gives rise to the presumption of legal ownership of the NFT and Intellectual Property rights associated with the NFT (if any), but this presumption shall be rebuttable, and any rights implied thereby voidable in the discretion of the Savage (see Sections 8) and 9)). Wherever in this Agreement the term “own” or “owns” is used with respect to an NFT, ownership in the foregoing conditional sense is meant.
If you are a NFT Creator, you hereby grant Savage a non-exclusive, worldwide, royalty-free license to:
- Use the NFT Content contained in your NFT Creation for purposes of minting, displaying and selling your NFT Creations;
- Use the NFT Content contained in your NFT Creation for purposes of minting, displaying and selling your NFT Creations;
- License or sub-license the NFT Content and NFT Creation under the terms hereof, and more specifically, in accordance with the terms of any content license you have selected among those provided by Savage, or otherwise agreed with Savage;
- Use your name and image for marketing or promotional purposes;
- Use, copy, modify, distribute, publish, and otherwise transmit NFT Content (e.g., images or video) from your NFT Creations for marketing or promotional purposes; and
- Use your biography and other public information about you to promote your NFT Creations.
As a NFT Creator, you understand and agree that:
Monitoring and Removal
- You are responsible for the accuracy and content of your NFT Creations;
- Any NFT Creation that violates any of Savage’s policies may be obfuscated or deleted by Savage, in its sole discretion;
- You will not use the NFT Content incorporated into your NFT Creations for the creation of additional non-fungible tokens;
- You will respect the intellectual property of others; and
- You will not coordinate pricing with other NFT Creators.
Savage Site and Service Ownership
Unless otherwise indicated in writing by us, the Site, all content, and all other materials contained therein, including, without limitation, the Savage logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Savage Content”) are the proprietary property of Savage or our affiliates, licensors, or users, as applicable. The Savage logo and any Savage product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of Savage or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
You may not use any Savage Content to link to the Site or Content without our express written permission. You may not use framing techniques to enclose any Savage Content without our express written consent. In addition, the look and feel of the Site and Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of Savage and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
Notwithstanding anything to the contrary herein, you understand and agree that you shall have no ownership or other property interest in your account, and you further agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of Savage.
Terms of Sale
By placing a bid or an order on or through Savage, you agree that you are submitting a binding offer to purchase such NFT or Service. Your order is accepted and confirmed once purchase is complete, and SAVAGE displays the Confirmation Alert ("Confirmation Alert"). YOU HEREBY EXPRESSLY AGREE THAT THE PROVISIONING OF A NFT BEGINS IMMEDIATELY AFTER THE CONFIRMATION PAGE IS DISPLAYED.
Savage Marketplace (“Marketplace”) transactions (elaborated on in Section 11)), including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations through the Site utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky. Users acknowledge and agree that the Savage smart contracts may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the 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 digital asset (including NFTs), or lost opportunities to buy or sell digital assets. Savage assumes no liability or responsibility for any such smart contract or related failures, risks, or uncertainties.
Users hereby acknowledge and assume the risk of initiating, interacting with, participating in Marketplace or Auction transactions and take full responsibility and liability for the outcome of any transaction they initiate, whether or not the smart contracts, Savage, or other market participants behave as expected or intended. Users hereby represent that they are knowledgeable, experienced and sophisticated in using blockchain technology, Savage, and in initiating blockchain-based transactions. No refunds or returns are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
NFT Creators may choose to provide certain rights to holders of their NFTs, which may include, but are not limited to, physical items, special access, or other exclusive content (collectively, “Additional Items”). Any Additional Items will be provided directly to you from the NFT Creator; Savage has no involvement in such transactions and is not a party to such transactions. Notwithstanding the foregoing, Savage may publish a description of the Additional Items on its website on behalf of the NFT Creator. If you own a NFT that entitles you to Additional Items, you hereby consent to Savage sharing your contact information with the NFT Creator to facilitate delivery of your Additional Items. Unless otherwise stated, transactions on the Marketplace (elaborated in Section 11) of this Agreement) are only for NFTs and do not grant the purchaser the right to any Additional Items.Resale Royalty
NFTs resold on the Marketplace may contain a percentage payout the NFT Creator (e.g., between 0 to 25%), generally as determined Savage based upon instructions from the NFT Creator (the “Resale Royalty”). By agreeing to these terms, you (irrespective of whether you are in the position of a NFT seller or buyer) are agreeing to pay the Resale Royalty, and hereby provide your consent for Savage to deduct, split, direct or otherwise collect, and to advance the Resale Royalty to the NFT Creator, or to instruct a smart contract or any other blockchain or non-blockchain technical facility to do any of the foregoing.
The “Resale Royalty” is not intended to constitute a “royalty” in any sense, legally or practically, other than that described in the foregoing paragraph, and hereby you agree that it carries no further meaning or intent.
The Resale Royalty may not be paid in the case of NFT transactions taking place outside of, or beyond the intended functionality of Savage’s Marketplace or Service generally. You (whether as an NFT Creator, buyer, or seller) agree that Savage has no obligation to collect or otherwise facilitate the Resale Royalty, and that no such obligation exists on the part of any party, beyond the bounds of Savage’s Service and the ordinary, intended operation thereof.
Outside the Savage Content, all other trademarks, product names, and logos on the Site 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 trademark holder. Without limiting the foregoing, if you believe that third-party material hosted by Savage infringes your copyright or trademark rights, please file a notice of infringement by contacting Savage’s Copyright Agent at firstname.lastname@example.org
In such event, please provide Savage’s Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Site of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (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 owner or authorized to act on the copyright owner’s behalf.
Savage’s policy is to suspend or terminate the account(s) of infringers and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization 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 the Copyright Agent; (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, along with 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 Agent, Savage 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.
In accordance with the DMCA and other applicable law, Savage has adopted a policy of terminating, in appropriate circumstances and at Savage’s sole discretion, Users who are deemed to be infringers. Savage may also at its sole discretion limit access to the Platform and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
License; Intellectual Property of NFTs
The NFT Content is made available under one of the following licenses, as indicated within or in association with each specific NFT:
or, if none of the above (or another) license is expressly-indicated, then the NFT Content is hereby made available under the following license terms (the “Savage Non-Exclusive License”):
You acknowledge and agree that the Intellectual Property Rights in all NFT Content remain with the relevant licensor. You may display and share NFTs, but you do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the NFT or NFT Content, excepting the limited license granted by these Terms.
The Permitted Use: your limited license to display NFTs, includes, but is not limited to, the right to display the NFTs privately or publicly, in the usual or conventional manner for the particular variety of Content: (i) for the purpose of promoting or sharing your purchase, ownership, or interest, (ii) for the purpose of sharing, promoting, discussing, or commenting on the NFT; (iii) on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the NFT; (iv) within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments; and (v) within physical venues (e.g., your personal residence).
You have the right to sell, trade, transfer, or use your NFT.
You may not, nor permit any third party, to do or attempt to do any of the following, without limitation, in the absence of the NFT Creator’s and/or Savage’s (in pertinent part) express prior written consent in each case: (i) modify, distort, mutilate, or perform any other modification to the NFT which would be prejudicial to the Creator’s honor or reputation; (ii) use the NFT to advertise, market, or sell any third party product or service; (iii) use the 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 (all of the foregoing, as determined in Savage’s sole discretion); (iv) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the NFT; (vii) attempt to mint, tokenize, or create an additional cryptographic token representing the same NFT or NFT Content, whether on or off of the Savage platform; or (viii) falsify, misrepresent, or conceal the authorship of the NFT.
Your Use of Savage
We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content. Our grant of such license is subject to the following conditions:
- Unlawful Activity: you agree not to engage, or assist, in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity.
- Abusive Activity: you agree not to engage in any activity that poses a threat to Savage, for example by distributing a virus or other harmful code, or through “hacking” or other unauthorized access to the Site, NFTs, or other users’ accounts.
- Inappropriate Behavior: you agree not to interfere with other users’ access to or use of the Services.
- Communication: you agree not to communicate with other users for purposes of (1) sending unsolicited advertising or promotions, requests for donations, or spam; (2) engaging in hate speech or harassing or abusing other users; (3) interfering with transactions of other users. You agree not to use data collected from the Site to contact individuals, companies, or other persons or entities outside the Site for any purpose, including but not limited to marketing activity.
- Fraud: you agree not to engage in any activity which operates to defraud Savage, other users, or any other person; or to provide any false, inaccurate, or misleading information to Savage.
- this includes engaging in or knowingly facilitating any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities, including:
- trading a digital asset at successively lower or higher prices for the purpose creating or inducing a false, misleading or artificial appearance of activity in such digital asset,
- unduly or improperly influencing the market price for such Collectible or establishing a price which does not reflect the true state of the market in such Collectible;
- for the purpose of creating or inducing a false or misleading appearance of activity for a digital asset or creating or inducing a false or misleading appearance with respect to the market in a digital asset:
- participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing the market price of a digital asset, or otherwise, which is not lawfully organized for the purposes for which it is being used;
- creating user accounts by automated means or under false or fraudulent pretenses;
- involve the impersonation of another person (via the use of an email address or otherwise);
- involve using, employing, operating, or creating a computer program to simulate the human behavior of a user (“Bots”);
- involve using, employing, or operating Bots or other similar forms of automation to engage in any activity or transaction on the App (including, without limitation, purchases of digital assets);
- involve acquiring digital assets through inappropriate or illegal means (including, among other things, using a stolen credit card, or a payment mechanism that you do not have the right to use, or purchasing a digital asset and then attempting to charge the cost back to your payment method while still maintaining ownership or control of the digital asset or selling, gifting or trading the digital asset to someone else); or
- involve the purchasing, selling or facilitating the purchase and sale of any user’s account(s) to other users or third parties for cash or cryptocurrency consideration outside of the Savage; or
- otherwise involve or result in the wrongful seizure or receipt of any digital assets or other digital assets
- utilize the digital assets to transact in securities, commodities futures, trading of commodities on a leveraged, margined or financed basis, binary options (including prediction-market transactions), real estate or real estate leases, equipment leases, debt financings, equity financings or other similar transactions
- Gambling: you agree not to utilize the Services to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance.
- Taxes: neither Savage nor any other Savage Party is responsible for determining the withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto (“Taxes”), that apply to your NFT transactions. You agree that you are solely responsible for determining what, if any, Taxes apply to your NFT transactions and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities. Unless otherwise indicated on an applicable invoice, any amounts due in respect of a NFT transaction are exclusive of sale, use, value added or similar Taxes (“Sales Taxes”) which shall be your responsibility. Any payments with respect to your NFT transactions shall be made without deduction or withholding for any Taxes, except as required by applicable law. If any applicable law requires the deduction or withholding of any Tax (a “Withholding Tax”) from any such payment, then the sum payable by you shall be increased as necessary so that after such deduction or withholding has been made the amount received is equal to the sum that would have been received had no such deduction or withholding been made. Upon our request, you agree to promptly provide a properly executed Internal Revenue Service Form W-9 or applicable Internal Revenue Service W-8 and any other tax form that is reasonably required by us so to comply with our tax reporting obligations.
- Intellectual Property Infringement: you agree not to (1) engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law; (2) use Savage Content (as defined in Section 8) above) without express written consent from Savage; or (3) engage in any action that implies an untrue endorsement or affiliation with Savage.
- this includes reverse engineering 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.
- You agree to notify us immediately if you become aware of any actual or potential breaches of Intellectual Property Rights relating to your Account or any NFT you own. You irrevocably release, acquit, and forever discharge Savage and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright, trademark or other intellectual property infringement claims against Savage due to your breach of these Terms.
- Hyperlinks: you are hereby granted a limited, non-exclusive, non-transferable, revocable license to create a text hyperlink to the Site for noncommercial purposes, provided that such link does not portray Savage, our affiliates, or the Services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal materials, or other materials that is offensive, harassing, or otherwise objectionable.
- Additional Prohibitions: you agree not to (1) distribute, publish, broadcast, reproduce, copy, retransmit, or publicly display any Content; (2) modify or create derivative works from the Site or Content, or any portion thereof; (3) use any data mining, robots, or similar data gathering or extraction methods on the Site or Content; (4) download any portion of the Site or Content, other than for purposes of page caching, except as expressly permitted by us.
- Non-Reliance: user is knowledgeable, experienced and sophisticated in using and evaluating blockchain and related technologies and assets, including various blockchain networks, NFTs, digital assets and “smart contracts” (bytecode deployed to Ethereum or another blockchain). User has conducted its own thorough independent investigation and analysis of Savage, and the other matters contemplated by these Terms, and has not relied upon any information, statement, omission, representation or warranty, express or implied, written or oral, made by or on behalf of the Company in connection therewith, except as expressly set forth by the Company in these Terms.
- THE MARKETPLACE
- When you access and use the Savage Marketplace (“Marketplace”), we act as an intermediary for Marketplace Users to transact and are not a party to any agreement to buy, sell or trade the digital assets advertised on the Marketplace. When a User purchases a digital asset and a User agrees to provide that digital asset, they are entering into an agreement directly with each other. We do not act as an agent for any User.
- are not liable or responsible for any guarantees or assurances made by the seller of any listing on the Application;
- have not made, and do not make any representation, guarantee or warranty that any digital asset will meet your requirements or expectations;
- are not liable or responsible for any increase or decrease in value of any digital asset. We have not made, and do not make, any promises (whether explicit, implied or otherwise) as to the value of any digital asset, including whether the value of the digital asset will increase or decrease in the future. The Prices of collectible assets are volatile and subjective, and we cannot guarantee that any digital asset purchase will retain any value, which may depend on a number of inherently subjective factors beyond our control, including the desirability of a particular digital asset; and
- will not be responsible for the negligence or misconduct of other Users (including where another User has attempted to defraud you, doesn’t have the right to sell an Asset to you, or fails to complete a transaction.)
- Listing: where you list a digital asset for sale or trade in the Marketplace:
- you must only list a digital asset that you own in any Listing;
- your Listing must be accurate, current, complete and include all the relevant information on the digital asset. We reserve the right, but are not required, to amend any listing to supplement, remove or correct information;
- your Listing must not be misleading (which includes ensuring no material information is left out); and
- you accept that, any sale of the digital asset will be final, and that you will not be able to cancel the sale or retain ownership in the digital asset. You enter into a legally binding contract to purchase a digital asset when you commit to buy a digital asset at the Price, your offer for a digital asset is accepted by the seller (whether as a trade for another digital asset(s) or for a Price), or if you have the winning bid in an auction.
- you must only place a bid on an auction if you intend to buy the digital asset at Price. You cannot revoke a bid once it is placed.
- where a digital asset is sold by auction, and you place the winning bid, you will be obliged to complete the purchase of the digital asset at the Price, and you will not be able to cancel your offer or negotiate a different Price once your bid has been lodged.
- you agree not to engage in any “shill bidding” (i.e., placing, or organizing someone to place, fake bids to manipulate price, desirability or the search position of your listing).
- where we reasonably believe that you have engaged in shill bidding, we may suspend, or terminate your Account.
- Trading: where you have entered into a trade with another User, that trade will be final, and you will not be able to cancel the trade or negotiate a different trade.
- Prices specified on the Marketplace are set by the User offering the Asset for sale or trade. Prices are in $USD and ETH. We do not make any representation that Prices set by Marketplace Users are reasonable or reflect the value of a digital asset. We will not provide any refunds or reimbursements for any reason.
- Accidental Transfers
You understand and agree that in the event that you deposit digital assets or NFTs into an incorrect address, we may not have the ability, and are under no obligation or duty, to return such digital assets or NFTs to you. This section applies regardless of whether we control the destination address.
Exceptions to this section may be considered and made on a case-by-case basis and in our sole discretion.
You agree and understand that we may modify part or all of Savage or the Services without notice.
Please note the following risks in accessing or using Savage: The price and liquidity of blockchain assets, including NFTs, are extremely volatile and may be subject to large fluctuations; Fluctuations in the price of other digital assets could materially and adversely affect NFTs, which may also be subject to significant price volatility; Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of NFTs; NFTs are not legal tender and are not backed by the government; Transactions in NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable; Some transactions in NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction; The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, which may result in the potential for permanent and total loss of value of a particular NFT should the market for that NFT disappear; The nature of NFTs may lead to an increased risk of fraud or cyber-attack, and may mean that technological difficulties experienced by Savage may prevent the access to or use of your Digital Assets; Changes to Third Party Sites (discussed in Section 16) below) may create a risk that your access to and use of the Site will suffer.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that Savage does not give advice or recommendations regarding NFTs, including the suitability and appropriateness of, and investment strategies for, NFTs. You agree and understand that you access and use Savage at your own risk; however, this brief statement does not disclose all of the risks associated with NFTs and other digital assets. You agree and understand that Savage will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using NFTs, however caused.
Savage provides these Third-Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites, or their products or services. You use all links in Third Party Sites at your own risk. When you leave our Site, our Agreement and policies no longer govern. We may, but are not obligated to, warn you that you are leaving our Site.
We neither own nor control the Third Party Sites, exchanges, the Ethereum or any other blockchain 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 or move your digital assets out of the Savage. 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 irrevocably releases, acquits, and forever discharges Savage and its subsidiaries, affiliates, officers, and successors of any liability for royalties, fines, or fees not received by the User from any off-market transaction. The User understands that User’s blockchain public address will be made publicly visible whenever User engages in a transaction on the Platform.
Any cryptocurrency assets that you transfer to NFT sellers on the Savage Platform via your MetaMask (or similar) Wallet (each, a “Digital Wallet”) will NOT be held in custody or trust by Savage, ever. They are solely transferred directly to, in pertinent part, (1) the NFT sellers, (2) NFT Creators (to pay their Resale Royalty), and (3) to Savage (to pay for transaction fees).
You authorize us to deduct our fees and to direct the pertinent percentage of each transaction to NFT Sellers and NFT Creators by specifying their corresponding blockchain addresses in each underlying sale transaction.
To receive any kind of cryptocurrency or virtual asset from Savage, you must specify a Digital Wallet capable of receiving such asset. Savage has absolutely no responsibility to make the payment or conveyance to you of any cryptocurrency or digital asset if you have failed to link the appropriate Digital Wallet app or provide the appropriate blockchain address (as the case may be). You bear all responsibility for all losses and any action undertaken while engaging with a third party wallet or payment service. Savage is not liable for any loss or any action undertaken while using a third-party digital wallet or payment service.
The User acknowledges that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on the Platform 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 to a User. Users also acknowledge and agree that gas is non-refundable under all circumstances.
There is no charge for downloading our Application but you will need an internet connection. You are responsible for all associated charges from your internet or mobile network providers.
By using our Services, you accept that it is your responsibility to calculate and pay:
any taxes applicable to any transactions you conduct on our Services. We accept no responsibility for, nor make any representation in respect of, your tax liability;
any fees associated with your payment method of choice; and
any currency conversion fees
We may change, modify or increase the Fees we charge for our Services from time to time by giving 30 days’ notice. We will notify you of any increase and the effective date of the increase by emailing you at the email contact address that you have most recently supplied to us. If you do not wish to pay the increased Fees, you may remove your Account. If you do not remove your Account before the effective date of the increase, you are deemed to have accepted the increased Fees.
Banks and other credit or debit card issuers may offer a dispute process or credit or debit card payments made through Stripe. Savage does not handle or hold fiat funds, and is unable to assist with Chargebacks. You agree to indemnify us against any costs claimed against us as the result of any Chargebacks.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE COMPANY, THE SITE, CONTENT CONTAINED THEREIN, AND NFTS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY(AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
WE 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 SITE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WHILE THE COMPANY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND CONTENT SAFE, IT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, ANY NFTS LISTED ON OUR SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
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 INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (1) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (2) SERVER FAILURE OR DATA LOSS; (3) CORRUPTED WALLET FILES; (4) UNAUTHORIZED ACCESS TO APPLICATIONS; (5) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR NFTS.
NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT THE COMPANY OR ANY COMPANY PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS.
The Company is not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of NFTs. The Company is not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting NFTs including forks, technical node issues or any other issues having fund losses as a result.
Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND CONTENT CONTAINED THEREIN.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, 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 THE COMPANY ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, CONTENT, NFTS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100 OR(B) THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF THE COMPANY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF THE COMPANY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF THE COMPANY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
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.
Please read the following agreement to arbitrate (“Arbitration Agreement”) in its entirety. This clause requires you to arbitrate disputes with Savage and limits the manner in which you can seek relief from us.
You agree that any dispute or claim relating in any way to: your access, use, or attempted access or use of the Site; any products sold or distributed through the Site; or any aspect of your relationship with Savage will be resolved by binding arbitration, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Savage may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyright, or patent). You agree that any such arbitration shall be settled solely and exclusively by binding arbitration held in Panama, administered by JAMS and conducted in English, rather than in court. Savage may, in its sole discretion, choose to hold the proceedings by remote teleconferencing, using any means acceptable to the Arbitrator.
Any such arbitration shall be conducted in accordance with the then-prevailing JAMS Streamlined Arbitration Rules & Procedures, except that any dispute involving claims and counterclaims over $250,000, not inclusive of attorneys’ fees and interest, shall be subject to the then-prevailing JAMS Comprehensive Arbitration Rules and Procedures.
You understand that by agreeing to this Arbitration Agreement, you and Savage are each waiving their right to trial by jury and to participate in a class action or class arbitration.
If any part of this Arbitration Agreement is found to be invalid or unenforceable, then such part shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue to in full force and effect.
This Arbitration Agreement shall survive the termination of your relationship with Savage.
We reserve the right, without notice and in our sole discretion, to terminate your license to access or use the Site or Content, at any time and for any reason. You understand and agree that we shall have no liability or obligation to you in such an event.
If you have any questions, would like to provide feedback, or would like more information about Savage, please feel free to email us at Info@savage.app. If you would like to lodge a complaint, please contact us at email@example.com