Welcome to Superchief Gallery NFT. The following terms govern the use of SuperchiefGalleryNFT.com. To use this platform, you must agree to these terms with Superchief Gallery NFT. The “Gallery” and “Superchief Gallery NFT” refer to Superchief Gallery NFT, Inc. The “Platform”, the “Website” or the “Site” refers to www.superchiefgallerynft.com.
This website also allows you to sell and purchase Crypto Assets through the auction function and at fixed prices - It varies per item. You may participate in an Auction or transaction by linking your digital wallets on supported extensions.. Once you submit an order to sell or purchase a unique digital asset, your order is passed on to this extension, which then completes the transaction process on your behalf.
For COINMAMA, those terms and conditions are available at
https:/Awww.coinmama.com/terms-102?locale=en and https:/Awww.coinmama.com/privacy?locale=en .
For METAMASK, those terms and conditions are available at https://metamask.io/terms.html and https://metamask.io/privacy. html.
Superchief Gallery NFT, Inc. is a curator and an online platform. We are not a creditor, a broker, or any kind of financial institution. The services offered are as a curator and platform only.
Superchief Gallery NFT facilitates transactions between buyers and sellers at auction and at fixed-price sales, but it is not a party to any agreement between the buyer and the seller or crypto assets, nor any agreement to users and visitors.
Users bear full responsibility for verifying identity, legitimacy, and authenticity of crypto-assets purchased on Superchief Gallery NFT. The gallery makes no claims about the identity, legitimacy, or authenticity of assets that exist on the platform.
PLEASE READ THE FOLLOWING CAREFULLY. THE FOLLOWING TERMS INCLUDE AN ARBITRATION AGREEMENT.
BY CLICKING ON THE “Il ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, USING OUR SERVICES AND/OR PURCHASING CRYPTOASSETS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. If you do not agree to these Terms, you may not access or use the Service or purchase the Crypto Assets listed on www.superchiefgallerynft.com.
Superchief Gallery NFT reserves the right to change or modify these Terms at any time and at our sole discretion. By continuing to access the Service, you confirm acceptance of the revised Terms and all terms incorporated therein by reference. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access the Platform. If you do not agree to the revised Terms, you should not access or use the Service.
We hereby grant you a limited, non-sublicensable, nonexclusive, non-transferable license to access/use the Service and Content; provided, however, that such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Service or Content, (b) use any data mining, robots or similar data gathering or extraction methods (c)download any portion of the Service or Content, except as expressly permitted by us (d) modify or otherwise make any derivative use of the Service or Content, or any part thereof
You agree that you will not violate any law, contract, intellectual property or other third party right, and that you and you alone are solely responsible for your conduct while using the Service / transacting. You agree that you accept these Terms and that you will not:
Use the Platform for any illegal or unauthorized purpose, or encourage or promote any activity that violates these Terms of Service.
Use data collected from our Service to contact individuals, companies, or other entities.
Provide false or misleading information to Superchief Gallery NFT.
Use, or attempt to use another user’s Account without authorization from such user and from Superchief Gallery NFT.
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
Utilize any software, or interact with API in any manner that could do harm to, or could impair the Service;
Pose as another person or entity, or create a username that is deliberately misleading.
Use the Service to participate in fundraising for a business, protocol, or platform not expressly authorized by an officer of Superchief Gallery NFT, Inc.
Reverse engineer any aspect of the Service, - Use data collected from our Service for any direct marketing.
Attempt to access any feature or area of the Website or Service that you are not authorized to.
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated interface not authorized expressly by the Platform to access, extract data or otherwise interfere with or modify the rendering of Service pages or their functionality.
Create or list counterfeit, unlicensed, or illegitimate items.
Engage deceptive or manipulative trading activities including but not limited to wash trading.
Bypass or ignore instructions that control all automated access to the Service;
Use an Ethereum Platform for the purpose of money laundering, funding of terrorist activities, or any other illegal activities.
Place any bids or offers with the intention of misleading.
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 that pertain to the status of a purchase or sale of a Crypto Asset, and other communications that pertain to your interaction with the website, including but not limited to notifications about the status of a Crypto Asset you are interested in purchasing.
You may opt out of promotional communications at any time by following the instructions provided therein.
The Service may contain links to third-party websites and applications. When you click
User Content and Copyright The Gallery reserves the right to remove any content without prior notice.
You are solely responsible for the Content you provide, including all legal compliance, rules, and regulations. We take no responsibility for the Content posted or listed.
You retain your rights to any Content you submit when using the Service. By submitting, posting or displaying Content through the Service, you grant Superchief Gallery NFT a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You warrant that you own, or that you have obtained, all legal authority necessary to grant the rights granted herein for any Content that you submit through the Platform.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Superchief Gallery NFT, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Superchief Gallery Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims’”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site, Services, Content or Crypto Assets, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third party, including another user or external application (i.e., MetaMask).
You agree to promptly notify Superchief Gallery NFT of any third party Claims and cooperate in defending such Claims. You further agree that the Superchief Gallery NFT, Inc. shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH INAWRITTEN AGREEMENT BETWEEN YOU AND SUPERCHIEF GALLERY NFT.
If you are a California resident, you waive California Civil Code Section 1542, that says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine of that jurisdiction.
This section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Superchief Gallery NFT, Inc., whether rising out of or relating to this Terms of Service (including any alleged breach thereof), the Platforms, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than court, in accordance with the terms of this Arbitration Agreement. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against the company on your behalf. You agree that, by entering into this Terms of Service, you and Superchief Gallery NFT, Inc. each waive the right to a trial by jury or to participate in a class action suit. Your rights will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SUPERCHIEF GALLERY NFT, THE SITE, SERVICE, AND CONTENT CONTAINED THEREIN, AND CRYPTO ASSETS LISTED THEREIN ARE PROVIDED ON AN “AS |S” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SUPERCHIEF GALLERY (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICE WILL: (A)MEET YOUR REQUIREMENTS; (B) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SUPERCHIEF GALLERY NFT DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, CONTENT CONTAINED THEREIN. SUPERCHIEF GALLERY NFT DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
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 SERVICE. SUPERCHIEF GALLERY NFT DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE OR SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE
WHILE SUPERCHIEF GALLERY NFT ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, SUPERCHIEF GALLERY NFT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, ANY CRYPTO ASSETS LISTED ON OUR SERVICE 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.
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 CRYPTO ASSETS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATALOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR CRYPTO ASSETS.
CRYPTO ASSETS 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 SUPERCHIEF GALLERY NFT, OR ANY SUPERCHIEF GALLERY NFT PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY CRYPTO ASSETS.
SUPERCHIEF GALLERY NFT is not responsible for sustained losses due to vulnerability or any kind of software or other failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the Crypto Assets. SUPERCHIEF GALLERY NFT 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 Crypto Assets including forks, technical node issues or any other issues having fund losses as a result.
Nothing in these Terms 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.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You accept and acknowledge:
We cannot guarantee that any owners of Crypto Assets will not lose money. The prices of crypto assets are known to be volatile.
The Service relies on third-party extensions such as Coinmama and MetaMask in order to perform the transactions of Crypto Assets.
You are solely responsible for determining any taxes that might apply to your Crypto Assets transactions.
The regulatory body governing blockchain technology is indeterminate, and new regulations or various policies may adversely affect the Auction and/or the Service of Crypto Assets.
You accept and acknowledge that Superchief Gallery NFT will not be responsible for any disruptions, errors, communication failures, or delays you may experience when using the Crypto Assets, however caused.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SUPERCHIEF GALLERY NFT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, SERVICES, 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 SUPERCHIEF GALLERY NFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, SERVICES, 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 SUPERCHIEF GALLERY NFT ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SITE, SERVICE, CONTENT, CRYPTO ASSETS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY SUPERCHIEF GALLERY NFT FROM THE SALE OF CRYPTO ASSETS THAT ARE THE SUBJECT OF THE CLAIM.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF SUPERCHIEF GALLERY NFT FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF SUPERCHIEF GALLERY NFT’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AMEMBER OF SUPERCHIEF GALLERY NFT’S FRAUD OR FRAUDULENT MISREPRESENTATION
Certain jurisdictions do not allow for any exclusion or limitation of incidental or consequential damages. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal .
At our sole discretion, we reserve the right to suspend, discontinue, or modify the Auction / sales at any time and without liability.
These Terms, your use of the Service, your rights and obligations, and all actions contemplated by, arising out of or related to these Terms shall be governed by the laws of the State of Delaware, as if these Terms are a contract wholly entered into and wholly performed within the State of Delaware. YOU UNDERSTAND AND AGREE THAT YOUR USE OF SUPERCHIEF GALLERY NFT AS CONTEMPLATED BY THESE TERMS SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF DELAWARE AND BE SUBJECT TO THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.
The Gallery reserves the right at our sole discretion, to terminate your right to access or use the Service at any time. In such an event, you acknowledge and agree that we shall bear no liability or obligation to you.
You agree and understand that all provisions of these Terms shall survive their termination or expiration.
In the case that any provision in this Supplemental Indenture shall be invalid, illegal or unenforceable, the validity, legality and enforceability of remaining provisions shall not in any way be affected/impaired and such provision shall be ineffective only to the extent of the invalidity, illegality or unenforceability.
These Terms constitute the entire agreement between you and Superchief Gallery NFT
relating to your use of its Services and its Content, and your participation in transactions. These Terms, and any rights/licenses granted hereunder, may not be transferred or assigned by you without prior written consent of The Gallery. The Gallery’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.