Terms and Conditions

Welcome to our SZNS Terms of Service (“Terms”). These Terms are provided by NFTree Labs, Inc. and our affiliates (referred to as “we”, “us”, “our” and “SZNS” or “Szns”) and govern some aspects of your use of Szns.io, the SZNS Website, and our other websites, webpages, platforms, applications, games, products and services (collectively, our “Site”). Throughout these Terms, we will refer to you as “you” and “User”. For the avoidance of doubt this excludes the SZNS DAO which is a decentralized autonomous organization empower by the Szns community and other ethereum holders to maintain/perform critical network functions related to the Szns protocol.

Our Site is provided to you to enable you to support and interact with your community and your favorite content creators, NFT collectors, influencers, athletes, musicians, artists and celebrities (collectively, “Creators”). For Creators and collectors, our Site enables you to engage with, receive support from, and create marketplaces for your fans, followers and other Creators. These Terms constitute a binding, legal agreement between you and us and apply to all Users who access or use our Site.

Szns is a decentralized peer-to-peer protocol that people can use to create liquidity and trade ERC-20, ERC-721, and ERC-1159 tokens, among other digital assets. While NFTree Labs Inc. d/b/a Szns manages the front end UI and website, owns trademarks etc, the underlying smart contract network (the “Szns Platform” or “Szns Protocol”) is made up of free, public, open-source or source-available software including a set of smart contracts that are deployed on the Ethereum blockchain protocol. Your use of the Szns protocol involves various risks, including, but not limited to, losses while digital assets are being supplied to the Szns protocol and losses due to the fluctuation of prices of tokens in a trading pair or liquidity pool. Before using the Szns Platform, you should review the relevant documentation to make sure you understand how the protocol works. Additionally, just as you can access email email protocols such as SMTP through multiple email clients, you can access the Szns protocol through dozens of web or mobile interfaces. You are responsible for doing your own diligence on those interfaces to understand the fees and risks they present.

Szns does not provide, own, or control the Szns Platform, which is run by smart contracts deployed on the Ethereum blockchain. Upgrades and modifications to the protocol are managed in a community-driven way.

IMPORTANT NOTICE – LIMITATION OF LIABILITY, CLASS ACTION WAIVER, & ARBITRATION REQUIREMENT: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS THAT YOU WAIVE AND WILL NOT HAVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY. SEE “DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY” AND “DISPUTE RESOLUTION” BELOW FOR MORE INFORMATION.

You may have the opportunity on our Site to earn, buy, trade, donate, exchange and otherwise use various digital currencies, non-fungible tokens and other assets, including the SZNS Governance Token (“Digital Assets”). Digital Assets that you may acquire on our Site are not intended as investments - they are designed for use and engagement between Creators, Collectors and their fans. As with any asset, the value of Digital Assets can go up or down, and there can be a substantial risk that you lose value buying, trading, donating and exchanging Digital Assets. You should carefully consider whether trading or holding Digital Assets is suitable for you in light of your financial condition. SZNS, like just about any other Digital Asset-based product or service is not registered with the U.S. Securities and Exchange Commission because it does not offer securities or securities-related services in the United States or to U.S. persons.

Certain portions, features, or functionalities of the Site may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with this agreement; in the event of such a conflict, the Additional Rules will control.

NO INVESTMENT ADVICE

You acknowledge that SZNS does not provide investment advice or a recommendation of securities or investments. Furthermore, you agree that the contents of the SZNS Website do not constitute financial, accounting, legal or tax advice. You should always obtain independent financial and tax advice from your professional advisers before making any financial decisions.

Restrictions on Data Collection/Termination

Without our prior consent, you may not:

● Use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts or other automatic devices or programs);

● Frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place popup windows over this Site's pages, or otherwise affect the display of this Site's pages; engage in the practices of "screen scraping", "database scraping" or any other activity with the purpose of obtaining content or other information; or

● Use this Site in any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site.

We may terminate, disable or throttle your access to, or use of, this Site and the Services for any reason, including without limitation, if we believe that you have violated or acted inconsistently with any portion of these Terms of Use.

Eligibility

Your access is conditioned upon you meeting eligibility requirements

If you access or use our Site, you represent and warrant the following:

(i) you are at least 18 years or older, or the age of majority in your jurisdiction of residence,

(ii) you are legally competent and able to be bound by these Terms, and

(iii) you have not been previously banned from using our Site for any reason.

If you are unable to make these representations and warranties or don’t agree to any part of our Terms, you may not access or use our Site. Szns is a platform for collectibles, and collectors - just because this Site allows the trading of NFT’s that may depict art or graphics this is not a product for Children.

Digital Assets

What you can do with Digital Assets on this Site

As described above, through the Site, you may have the opportunity to earn, buy, trade, donate, exchange and otherwise use various digital currencies, non-fungible tokens (“NFTs”) and other assets, including assets native to Szns (collectively, “Digital Assets”). Digital Assets are not legal tender and are not backed by any government, and they are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation. Digital Assets that you may acquire on our Site are not intended as investments - they are designed for use and engagement between Creators and their fans.

You accept the risk of transacting with Digital Assets

‍‍While the Site may provide information about the estimated value of Digital Assets, including $SZNS, $BTC, $ETH and NFTs, and may include information about their historical value, the fiat value of all Digital Assets are subject to volatility and change, and Digital Assets could lose their value, both on an individual as well as a network-wide basis. Szns does not directly control and is not responsible for the value of any Digital Assets and makes no guarantee, express or implied, of their value in fiat. You acknowledge and agree that any purchase of or transaction in Digital Assets conducted by you or on your behalf is made voluntarily, willfully, and exclusively at your own risk.

Szns does not provide you with advice or regulated services

This is a website and platform to enable collectors - think Ebay 2.0 but a lot cooler. NFTs listed on Szns are those that have collectible value or functionality appealing to collectors, gamers and fans. You acknowledge and agree that Szns does not offer securities-related services in the United States or to U.S. persons and is not registered with the U.S. Securities and Exchange Commission. Szns does not provide investment, financial, tax, or legal advice. The information and applications provided in connection with the Site does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and should not be treated by any user as such. Szns makes no recommendation and, apart from providing estimated value or historical value data in certain circumstances, does not provide any advice about the actual present fiat value of any Digital Asset.

PLEASE NOTE: Your ability to use all features on the Site may be limited, depending on your place of residence because of jurisdictional restrictions. Residents of US Sanctioned countries may not use the Site or any features of the Site. You are responsible for understanding and complying with these restrictions if you decide to interact with the Site. These restrictions are subject to change.

Non-Fungible Tokens

What it means to own a NFT

You may have the opportunity to purchase non-fungible tokens, or NFTs, on our Site. All NFTs minted and /or distributed through our Site and purchased or received by you are subject to the license rights described in this section, and you agree that any Creator NFT that you purchase or receive may be subject to certain licenses, restrictions and other limitations. Remember, just because you own an NFT does not mean you own the underlying copyright.

When you own a NFT, you are owning a digital token that represents ownership of a piece of art, a video or audio clip, a digital image, or any other work. However, it is important for you to understand that your ownership of the NFT does not give you any ownership in the intellectual property underlying the actual creation that is represented by the NFT. Similar to the way you may download a song, that digital copy of the song is yours to keep and listen to, but you don’t own the copyright to the song itself, and you can’t record it and sell copies for yourself.

Listing an NFT

If you list an NFT on the Szns Platform, you represent and warrant that you are authorized and have legal rights to list, sell, fractionalize or otherwise transfer the NFT on the Szns Platform. Listing an NFT on the Szns Platform that violates our Terms, or violates the Intellectual Property

The rights that you do not get through the Creator NFT that you own

Unless such rights are expressly provided by the creator of the NFT, the ownership of an NFT does not necessarily provide the following rights:

- You may not have the right to make commercial use of the creation underlying the NFT including, for example, by selling copies of creation, selling access to the creation, developing and selling derivative works, including merchandise, that embody the creation, including it within other media that you sell or promote commercially, or otherwise commercially exploiting, or allowing others to exploit, the creation in any manner. Again, the ownership of the NFT only relates to the NFT, and not the underlying creation.

- You may not have the right to (i) advertise or promote any third party product or service with the NFT; (ii) use or display the creation in a manner that associates it with hate speech, racism, intolerance, violence, cruelty, or anything else that could put the creation or NFT in a negative light or infringe upon the rights of others; (iii) attempt to trademark, copyright, or otherwise acquire intellectual property rights in or to the creation; (iv) tokenize or mint a cryptographic token representing the creation; or (v) misrepresent the creator of the creation, including by claiming that you created it if you did not.

Ownership

If you earn, buy and otherwise receive Digital Assets on the Site, such Digital Assets are owned by you. That information is not maintained by Szns, but exists on blockchains including, but not limited to the Ethereum blockchain protocol. Szns has no title or ownership rights over Digital Assets in your own wallet or listed on the platform. As the owner of the Digital Assets, you will bear all risk of loss with respect to the Digital Assets. Szns will have no liability for any change or fluctuation in the value of any Digital Assets.

YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE ON SZNS. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, SZNS MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE PLATFORM.

You acknowledge and agree that you are solely responsible for deciding on the suitability, value, and appropriateness of Digital Asset ownership for yourself. You agree and understand that you access and use the Site at your own risk, and that when you purchase any Digital Assets on the Site, such purchase is made of digital goods that you have made the decision to purchase on your own accord.

YOU ACKNOWLEDGE AND AGREE THAT ONCE PURCHASED, THERE ARE NO REFUNDS ON ANY DIGITAL ASSETS. ALL COMPLETED TRANSACTIONS ARE FINAL AND NON-REVERSIBLE.

Prohibited Uses of the Site

You agree you will not (and will not cause or encourage any third party to) use the Site, products and services in any of the following ways:

- To create a false identity, create a false account or accounts, create multiple accounts, submit false or inaccurate information or impersonate any person or organization;

- To violate any law, regulation or court order or otherwise conduct any illegal activity;

- To infringe on or misappropriate the intellectual property, privacy, publicity, moral, or other legal rights of any third party;

- To disclose any sensitive, embarrassing, private or inappropriate information about yourself or any third party that should not be publicly disclosed;

- To engage in actions that are abusive, racist, sexist, discriminatory, harassing, harmful, threatening, hateful, derogatory, pornographic, indecent, profane, obscene, or otherwise objectionable, as determined in our sole discretion;

- To engage in actions that involve or support the exploitation or abuse of animals;

- To use any spambot, bot net or other bot, scraper or other automated means to access, collect data, damage, disrupt or interfere with uses of our Site or systems, or transmit any virus, worm, Trojan or other malware or spyware to or through the Site;

- To modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Site, or copy or obtain information from our site for competitive purposes; or

- For commercial purposes or to advertise third party products or services other than Szn’s products and services, unless specifically approved by us.

Album Specific Terms

Szns allows you to create collections of NFTs (“Albums”) for use, sale and engagement purposes. The following Section applies solely to Users who create and list Albums (“Producers”). All other sections of these Terms apply to all Users of this Site, including Producers.

ALL ALBUMS LISTED ON SZNS.IO ARE LISTED BY NON-AFFILIATED THIRD PARTIES. NEITHER SZNS NOR NFTREE LABS WILL LIST ALBUMS FOR SALE ON THE SITE. ANY SUCH ALBUM LISTINGS MUST COMPLY WITH APPLICABLE LAWS - SZNS RESERVES THE RIGHT TO REMOVE ANY ALBUM ON ITS PLATFORM IF THERE IS A VIOLATION OF THESE TERMS.

IF YOU PURCHASE AN ALBUM YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND THE RISK OF PURCHASING ALBUM TOKENS THAT ARE NOT VETTED OR ASSOCIATED WITH SZNS OR NFTREE LABS. SZNS IS ONLY A PLATFORM TO FACILITATE THE TRADING OR SOCIAL INTERACTION BETWEEN NFT COLLECTORS, DAOS AND OTHERS - IF YOU PURCHASE AN ALBUM OR ITS TOKEN AND YOU ARE UNHAPPY, IT IS YOUR RESPONSIBILITY TO CONTACT THE ALBUM LISTER/CREATOR FOR ANY RECOURSE.

Our Site provides you, the Producer, with tools to engage with, receive support from and reward your fans, including through creation of your own Album. You will have the opportunity to build your own digital engagement and interact with and grow your community. We will need some information from you to get you set up and onboarded as a Producer and to maintain or improve your profile. Your profile will enable you to set up your own personalized information on our Site. We may ask you for your name, your screen name, alias or preferred nickname, your contact information, including your email address and social media and social messaging handles, as well as other information that may be relevant to getting you set up. We may ask you for additional information from time to time to improve your profile, the Site or to help promote the Site or your involvement with Szns. You agree that you will provide us with accurate, true, and complete information about yourself whenever you are prompted to provide us with information, and that you will update such information whenever it changes.

If you decide to launch Albums on the Site, you represent and warrant the following:

- You are the original creator of the Album and have appropriate right and authority to include the NFTs you’ve selected in the Album, and you are the exclusive holder of all legal right, title and interest in all intellectual property rights (including applicable copyright and trademark rights) in and ancillary to such creation and all elements of such creation, unencumbered by the rights of any third party.

- You have not misappropriated, used or copied the artwork, music, likeness or any copyrighted work of any third party in creating your creation.

- You have not and will not, and you will not solicit or cause any third party to, launch a NFT or token that represents any creation for which you previously minted an exclusive NFT, or launch more than what has been promoted as a limited edition NFT.

-You are not listing an Album, or offering that complies with applicable securities regulations or other laws that govern the commercial sale/purchase of tokens.

Your license grant to Szns

You agree that by participating on our Site as a Producer, you grant us a non-exclusive, worldwide, irrevocable, unlimited, sublicensable (through multiple tiers of sublicenses), perpetual, royalty-free, fully paid license to reproduce, copy, distribute, publicly display, publicly perform, edit, host, store and otherwise use your name, nickname, handle, logo, symbol, initials, likeness, image, photograph, animation, avatar, autograph, voice, statements or quotes, recorded video portrayal, live streams or related recordings, public persona, biographical information, back-story and related materials, and your creations underlying any Album that you launch on the Site (“Producer Materials”), and create derivative works thereof, in physical and/or digital embodiment of Producer Materials in any and all media and distribution channels, whether now known or hereafter invented, to be used for commercial, marketing, promotional and development purposes for our Site. The purposes for which your Producer Materials or derivative works thereof may be used may include creating a profile for you or featuring you as a Creator for other Szns products, applications and websites, and enabling our sublicensees to create products related to or integrated with Szns or other Szns products, applications and websites for commercial, marketing, promotional and development purposes. You agree that the Producer Materials are non-confidential, non-proprietary, and do not contain or include any information which you do not have the right to disclose or that you do not wish to be disclosed.

Your license grant to Szns Users, including owners of your Album

If you list an NFT or create an Album on the Site, your listing constitutes your grant to any legal owner of your Album or the NFTs in your Album a limited, worldwide, nonassignable, non-sublicensable, royalty-free license to publicly or privately display the assets or artwork, or in the case of any audiovisual work, to publicly or privately perform the audiovisual elements, underlying the Album.

Any secondary transfer activity of Album ownership tokens that were originally minted by the protocol can occur over any interface or medium that enables interaction with the decentralized Ethereum blockchain protocol, such as a decentralized exchange, ethereum wallet, or other smart contracts. Transactions on the Ethereum blockchain protocol will be affected between participants (i.e Producers, collectors and sellers). By participating on the Ethereum blockchain protocol, you acknowledge your understanding that: (i) all transactions will be executed using tools made available for the ethereum blockchain network, (ii) all negotiations and confirmation activities will be performed by Users, independent third-parties, or smart contracts and will not involve Szns or NFTree Labs, and (iii) Szns does not receive, transfer or hold funds or ownership tokens on any centralized database or server.

Trademarks

Szns and other Company graphics, logos, designs, page headers, buttons, icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used in whole or in part, without prior written permission of the Company.

Content

Content on the Site

The Site contains copyrighted material, trademarks and other proprietary information, including videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics (“Content”). This Content is subject to copyrights owned by Szns, its affiliates, and/or its licensors, and is protected by United States and international intellectual property laws. You may not either directly or through the use of any device, software, internet site, web-based service, or other means, modify, publish, transmit, stream, upload, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of the Site or any portion of such Content except as expressly provided herein. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, stream, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. You may not introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or damage, disable, overburden, impair, or gain unauthorized access to the Site, including Szn’s servers, computer network, or user accounts. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate U.S. or international copyright, trademark, and/or other laws

Your submissions to the Site

You may have the opportunity to, and you may choose to, interact with our Site through submissions of chats, materials and posts to our Site or through third-party social media platforms and sites. You may also have comments, suggestions or other feedback about our Site, products and services that you may provide. This content is collectively referred to in these Terms as “Submissions”. In making any Submission, you hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable, perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented, to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the Submissions for any and all commercial, promotional, marketing, promotional and development purposes. You waive all moral rights that you may have in your Submissions. You understand that we have no obligation to use, publicize, distribute or take any actions with respect to your Submission, and that if we do use your Submission, that we do so in our sole discretion and may remove, or refuse to remove, any Submission at our sole discretion. Any Submission that you provide to us is at your own risk and in full acknowledgement of these Terms. In granting us this license, you represent and warrant that you possess all rights necessary to grant us the license rights described above. Submissions that violate our Terms may be grounds for the removal of your Submissions and/or your use of the platform.

Third Party Websites and Services

Third party services on the Site

Certain third party services may be required for you to transact on our Site and to use our products and services. These third party service providers may include: MetaMask, Snapshot, compliance service providers, other wallet operators, authentication service providers, application developers and others. You represent that you are legally competent and able to agree to the terms and conditions of such third party service providers as such terms and conditions may be updated and amended from time to time.

Third party linked sites

The Site may also contain links to third-party websites and services, including social media (collectively, “Linked Sites”). Linked Sites are not under our control, and we take no responsibility for any information or materials on, or any communications or transmissions received from, any Linked Site. By including a link on our Site to the Linked Site, we are not endorsing the Linked Site. We provide links to Linked Sites for your convenience only, and your access Linked Sites is done at your own risk.

Privacy

Please review our Privacy Policy[3] [4] , which describes how we collect information on the Site and how we use, process and share it. Without limiting the terms of our Privacy Policy, you agree by using our Site that we do not and cannot guarantee that your use of the Site and the information provided by you or to you through the Site will be private or secure. You are responsible for using the precautions and security measures best suited for your situation and intended use of the Site. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.

Disclaimers Of Warranties & Limitations Of Liability

UNLESS EXPRESSLY PROVIDED OTHERWISE, OUR SITE AND ANY ASSOCIATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. We specifically disclaim all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. We do not warrant that (a) the Site will meet your requirements, (b) operation of the Site will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by us or our authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

In addition, you acknowledge and agree that the Szns Network is governed by the decentralized Szns Community, and that certain vendors, agencies, advisors and partners are engaged in providing services to or on behalf of the Szns Community (together with the Szns Community, “Szns Community Parties”). You acknowledge and agree that the Szns Community Parties are not affiliated with us or our Site, products and services, and accordingly, the Szns Community Parties owe no duty or obligation to you, and your use of our Site, products and services gives you no rights whatsoever with respect to the Szns Community Parties.

YOU AGREE THAT IN NO EVENT WILL WE OR THE SZNS COMMUNITY PARTIES BE LIABLE (Y) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR (Z) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE, PRODUCTS AND SERVICES.

The disclaimer of liability detailed above will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that we would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

Indemnification

You agree to indemnify and defend us and our affiliates and our respective directors, officers, agents, employees, principals, successors, assigns, subsidiaries or affiliates (collectively, “Szns Parties”) from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against us by any third-party arising from your violation of these Terms, the rights of a third-party or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects our rights or obligations may be made without our prior written approval.

Assumption of Risk

By using this Site and transacting with Digital Assets, you acknowledge and accept the following risks:

- Digital Assets on the Site are not intended to be purchased for speculative purposes, but for purposes of enjoyment, entertainment and expressions of fandom, among other reasons. You acknowledge and accept that Digital Assets may fluctuate in price, and their value and price can be extremely volatile. We cannot guarantee that any Digital Assets will retain the value that it was purchased for.

- Using an Internet based Digital Asset and related blockchain technologies may come with certain risks, 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 your Digital Assets. You accept and acknowledge that Szns is not responsible for any disruptions, errors, distortions or delays you may experience in relation to use of Digital Assets on the Site.

- There is continued uncertainty around, and new developments arising in, regulations governing cryptocurrencies, blockchain technologies, and digital assets like the Digital Assets available on the Site, and new regulations or policies may materially adversely affect the Site or the nature of the Digital Assets that you hold or transact with.

- There are risks associated with purchasing content that is launched by Producers, including but not limited to, the risk of purchasing assets that infringe the rights of other parties, knockoffs and counterfeits, mislabeled assets, and assets that may become untransferable for a variety of reasons. Szns reserves the right to takedown and otherwise not display Digital Assets affected by any of these or other issues. Under no circumstances will your inability to view or transfer your Digital Assets serve as grounds for a claim against Szns.

Governing Law

These Terms are governed by and construed and enforced in accordance with the internal laws of the State of Delaware, without giving effect to the principles of conflicts of laws of Delaware or any other state, and are binding upon the parties hereto in the United States and worldwide. You and we agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.

By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against us under the laws of any jurisdiction outside the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any dispute is in the United States according to the terms of this Section.

Termination

Termination of access and account

These Terms automatically terminate, and your rights to use our Site, products and services also terminate, if you fail to comply with any aspect of our Terms. In addition, we may terminate, suspend or modify your account or your access to the Site, with or without notice to you, at any time for any reason. If you wish to terminate your participation on our Site, please provide us with written notice of your desire to terminate via email to [e-mail].

Please be aware that Szns does not own or have the ability to restrict access/authorization to the network of smart contracts hosted on the Ethereum blockchain protocol. And even though you’re use of the Szns Site may be terminated, you may still have access to the underlying smart contract addresses and wallets that would enable you to buy, sell and engage with Albums, or NFTs.

Reservation of our rights

Termination of these Terms or your account will not limit any of our other rights or remedies. Those provisions that by their nature are intended to survive termination or expiration of these Terms shall so survive.

Claims Of Copyright Infringement[5] [6]

DMCA takedown claim process

We respond to notices of alleged infringement as required by the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity.

If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated on or through the Site, please prepare a notice with the following information:

- your address, telephone number, and email address;

- a description of the work that you claim is being infringed;

- a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;

- a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;

- an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and

- a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Please send your claim or notice of infringement to our DMCA agent to: [e-mail]

With the email subject line: “Szns Network, Inc., Attn: DMCA Agent, Notification of Claimed Infringement”

Counter-notification on DMCA takedown

We may give notice to users that content has been removed or disabled by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice or believe that a general notice applies to you, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

- Your physical or electronic signature;

- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Please do not send any other correspondence or inquiries to our DMCA agent. Our DMCA agent will only respond to notices and inquiries that comply with the requirements of the DMCA. Please see http://www.copyright.gov/ for more information.

Miscellaneous

Entire Agreement

These Terms, together with our Privacy Statement and any Additional Rules, contain the entire understanding by and between us and you with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.

Assignment

These Terms (i) inure to the benefit of and will be binding upon us and you and your successors and assigns, respectively, and (ii) may be assigned by us, but you may not assign them without the prior express written consent of us.

Enforceability

If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.

No Waiver

If we or you fail to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.

No Agency

Nothing contained in these Terms will be deemed to constitute us or you as the agent or representative of the other or as joint venturers or partners.

Force Majeure

If we or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party`s performance will be extended for the period of delay or inability to perform due to such occurrence.

Headings

The headings and captions contained herein are for convenience only.

English Language Controls

These Terms and all related documentation will be drafted in English. While certain text in these Terms may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.