Last Updated: 04/15/2024
Welcome! Take a moment to go through these Terms of Service (the "Terms") carefully as they're important for using our website and interface at https://soshnft.io/ (the "Site", "Website", or the "Sosh NFT Platform"), along with any downloadable blockchain currency management software (the "Software"), mobile applications ("Apps"), and other services and resources provided by Sosh, Inc. ("Sosh," "we," "our"). These help you interact with certain decentralized cryptographic protocols, make and sell non-fungible tokens ("NFTs"), manage cryptographic currencies, and more. We call these collectively the "Services."
By using the Sosh NFT Platform or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Sosh NFT Platform.
To use or access the Sosh NFT Platform, you must (a) be 18 or older or, if you are from 13 to 17 have your parent or guardian's consent to the terms of these Terms of Service, and (b) possess the ability to enter into a binding contract with us and not be barred from doing so under any applicable laws. Children under 13 years old are not permitted to register for the Sosh NFT Platform, and parents or legal guardians may not register on their behalf.
Important Notice About Arbitration:
When you agree to these Terms, you're agreeing to resolve any disputes with Sosh through arbitration, except where prohibited by law. Check out Section 18 "Dispute Resolution" below for more info.
By using the Sosh NFT Platform, you're agreeing to these Terms. If you don't agree, you can't use the Sosh NFT Platform.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes.
You can use the Sosh NFT Platform if you're 18 years or older and able to make a deal with Sosh. We won't ask for personal info from anyone under 13. If we find out someone's under 13, we'll delete their info. If you think someone under 13 is using our Service, email us at support@soshnft.io.
You can only use the Sosh NFT Platform if your local laws allow. You promise to follow all the rules when you use the Sosh NFT Platform. For example, you can't use the Sosh NFT Platform from a country the U.S. government doesn't like, and you can't be on any list the U.S. government made. If you use the Sosh NFT Platform outside the U.S., it's your job to make sure it's okay by the local laws.
The Sosh NFT Platform is an NFT marketplace that allows users to license commercial rights to their social media content on Instagram, X (formerly Twitter), TikTok, and YouTube. Users register and create accounts on the platform and connect their social media profiles to their cryptocurrency wallet. They mint NFTs for their social media content by pasting the link to the specific social media post and using the minting function on the website to mint an NFT that is registered for that specific post. They can then list that NFT for sale or accept offers on that specific NFT.
Our Sosh NFT Platform helps you interact with protocols and blockchains, letting you bid on, buy, trade, and sell NFTs. Sosh provides the Sosh NFT Platform, an interface to do all this. You can also create and put NFTs up for sale.
You can use the Sosh NFT Platform by linking your digital wallet(s) to buy, store, and make transactions with cryptocurrency. Before you buy or sell any digital asset, we'll ask you to download a supported electronic wallet extension and connect your digital wallets.
IMPORTANT DISCLAIMER:
SOSH NFT PLATFORM IS NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. SOSH FACILITATES TRANSACTIONS BETWEEN THE PURCHASER AND SELLER ON THE SOSH NFT PLATFORM BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE PURCHASER AND SELLER OF NFTs OR BETWEEN ANY USERS.
While Sosh offers a marketplace for NFTs, it does not buy, sell or take custody or possession of any NFTs, nor does it act as an agent or custodian for any user of the Sosh NFT Platform. Each NFT that is listed for sale will enable a blockchain-based smart contract deployed by Sosh to ensure that the purported seller owns such NFT. Each such NFT is transferred automatically upon consummation of its sale through the relevant blockchain network.
When the terms of sale for an NFT are displayed on the Sosh NFT Platform, all such terms are determined by the purchasers and sellers, and the sale and purchase of NFTs are subject to these terms (referred to as "Purchase Terms"). Sosh is not a party to these Purchase Terms, as they are solely between the purchaser and the seller.
Transactions on the Sosh NFT Platform may incur fees that support the NFT creators and the Sosh NFT Platform. These fees include a flat minting fee for creating an NFT using the NFT minting contract, as well as a percentage of the total sale value for each NFT sold on the NFT marketplace contract. Gas fees and hosting fees may also apply.
You bear full responsibility for all expenses associated with your use of the Sosh NFT Platform, as well as for identifying, collecting, reporting, and remitting all applicable Taxes. "Taxes" refers to taxes, duties, levies, tariffs, and other governmental fees that you may be legally obligated to collect and submit to governmental entities.
The Sosh Apps may contain reviews, comments, message boards, profiles, activity feeds, and other interactive features that allow users to post content or materials ("User Generated Content"). All User Generated Content must comply with the Content Standards set out in these Terms of Service.
User-generated content must, in its entirety, comply with all applicable federal, state, local, and international laws and regulations. User Generated Content must not:
Sosh grants to User a non-exclusive, non-transferable, royalty free license to use the Sosh Apps or Sosh NFT Platform. Such license shall continue only for so long as necessary for User to utilize such Sosh Apps and shall not extend beyond termination of these Terms of Service.
As between User and Sosh, all right, title, and interest (including without limitation all Intellectual Property Rights) in and to User Content shall be and remain the sole and complete property of User. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Sosh Apps are either the property of Sosh, its affiliates or licensors.
You agree not to:
Sosh deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following:
The Sosh NFT Platform may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources.
We may suspend, modify or terminate your access to and use of the Sosh NFT Platform at our sole discretion, at any time and without notice to you. You may disconnect your digital wallet at any time.
THE SERVICES PROVIDED, INCLUDING THE SOFTWARE, ANY CONTENT CONTAINED WITHIN, AND ANY NFTS LISTED THEREIN, ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SOSH DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
You accept and acknowledge:
You agree to indemnify, defend (if chosen by Sosh), and absolve Sosh and its officers, directors, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and associated costs and expenses arising from your access to or use of the Sosh NFT Platform, your NFT Content, or your violation of these Terms.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY BUSINESS LOSSES OR LOSS OF PROFIT, REVENUE, CONTRACTS, DATA, GOODWILL OR OTHER SIMILAR LOSSES OR EXPENSES THAT ARISE OUT OF OR RELATE TO THE USE OF OR INABILITY TO USE THE SOSH NFT PLATFORM.
The Company is based in the State of New York in the United States. The Company makes no claims that the Sosh NFT Platform or any of their Content are accessible or appropriate outside of the United States. Access to the Sosh Platform may not be legal by certain persons or in certain countries.
PLEASE READ THIS SECTION CAREFULLY. IT LIMITS THE WAYS YOU CAN SEEK RELIEF FROM SOSH AND REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS.
Any claim or dispute relating in any way to your use of the Website, or to any products or services sold or distributed by the Website shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Sosh. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules.
All matters relating to the Website and these Terms of Service shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.
If you have any questions about these Terms or the Sosh NFT Platform, please contact Sosh at support@soshnft.io.