SOON.

MARKET

Terms of Service

Last Updated: 06.11.2022

  1. Introduction
    1. These Terms of Use ("Terms") govern the access to and use of the website https://soon.market including the services provided on or in connection with Soon.Market (“Soon.Market”, “service”).
    2. Soon.Market is provided by kryptokrauts GmbH (“kryptokrauts”, “we”, “us”). For more information about the provider, please refer to the imprint.
    3. The subject of these Terms is the regulation of the rights and obligations of the users of Soon.Market.
    4. For purposes of these Terms, “user”, “you”, and “your” means Users of Soon.Market.
  2. Privacy
    1. Please refer to our Privacy Policy for information about how we process (e. g. collect, store, use and share) information in connection with the use of Soon.Market.
  3. Modifications of Terms
    1. These Terms may be discretionary modified or replaced at any time, unless stated otherwise herein. Any changes or modifications will be effective immediately upon posting the update to the website. You are responsible to review the Terms whenever we actualize them. If you continue to use Soon.Market after we have posted updated Terms, it means that you accept and agree to the changes.
  4. Subject of use
    1. Soon.Market provides a platform, to ease the interaction with the blockchain and other users, using a decentralized application operating on blockchain
    2. Soon.Market is expressively not a trader, wallet provider, contractor, broker, seller, financial institution, or creditor.
    3. We are not a party to any agreement between any users entered into on Soon.Market. Users bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that they purchase from third-party sellers using the service and we make no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on the service.
    4. Soon.Market uses smart contracts (“Smart Contracts”), provided by pink.gg Solutions Gmbh (https://pink.gg), that enable users to sell, trade, auction, transfer, display, exchange blockchain based digital assets and use additional services provided by Soon.Market. Those assets refer to unique Non-Fungible Tokens (“NFTs”, “items”), implemented on eosio blockchain technology.
    5. On Soon.Market users can
      • sell and obtain items by making an offer accepted by the seller
      • purchasing items at a set price
      • auction items or bidding on items available in auctions
      • promote items on dedicated spots of the website using special NFTs issued by kryptokrauts
      • subscribe to a newsletter to receive regular updates about Soon.Market and the Proton NFT ecosystem
  5. Service access and obligations
    1. We require all users to be at least 18 years old. If you are under 18 years old, you may only use Soon.Market through the consent of a parent or guardian with their approval and oversight, who is responsible for your actions.
    2. To access Soon.Market, your blockchain address (“account”) functions as your identity. Accordingly, you will need a third-party wallet. The user can choose between several electronic wallets to create, use, and manage an account on the blockchain and engage in transactions.
    3. By using your wallet in connection with Soon.Market, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with us. We do not have custody or control over the contents of your wallet and we have no ability to retrieve or transfer its contents. We accept no responsibility for, or liability to you, in connection with your use of a wallet and make no representations or warranties regarding how the service will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your account and any associated wallet and we are not liable for any acts or omissions by you in connection with your account or as a result of your account or wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to Soon.Market or your account using contact@kryptokrauts.com
    4. You agree that we, in our sole discretion and for any or no reason, may block access to Soon.Market in case of any breach of these Terms or any suspected fraudulent, abusive, or illegal activity.
    5. We reserve the right to approve, verify or blacklist items. Users have the possibility to request such approval, verification or blacklisting.
    6. Auctions are time critical - timers displayed on Soon.Market are based on the users local system time. You are responsible that your local system is aligned with the time of the blockchain network and we have no control over it. We are not liable for missed opportunities to place a bid or achieve a higher auction price.
    7. You agree to use Soon.Market only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. Without limitation, you may not, and may not allow any third party to:
      • send, upload, transmit, post, distribute, disseminate, or otherwise make available any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content.
      • send, upload, transmit, post, distribute, disseminate, or otherwise make available any content that infringes the intellectual proprietary or legal rights of any party or others.
      • modify, adapt, translate, or reverse engineer any portion of Soon.Market or engage in any attack, hack, denial-of-service attack, interference, or exploit of any related service.
      • display any content on Soon.Market that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.
      • Place misleading bids or offers.
    8. If you become aware of the creation, listing, or buying of assets in violation of any of the terms, you shall report it at contact@kryptokrauts.com
  6. Assumption of risk
    1. The value of an NFTs is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
    2. There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts.
    3. You are solely responsible for determining what, if any, taxes apply to your transactions (including, without limitation, any taxes that may become payable as the result of the ownership, transfer, purchase, sale, or creation of any items). kryptokrauts is not responsible for determining the taxes that apply to item transactions.
    4. We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and we have no ability to reverse any transactions on the blockchain.
    5. There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or account. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using Soon.Market or any blockchain network, however caused.
    6. The Service relies on third-party platforms and vendors. if any of such falls out of favor or is unavailable for a prolonged period of time, access to and use of the service may suffer.
    7. Items you purchase may become inaccessible on Soon.Market. Under no circumstances shall the inability to view items on Soon.Market or an inability to use the service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against us.
  7. Fees
    1. Soon.Market does not store, send, or receive any items. Any transfer occurs directly between the parties within the supporting blockchain.
    2. kryptokrauts gets the following fees defined within the atomicmarket contract
      • 1% of the total sale price when the item was offered via Soon.Market
      • 1% of the total sale price when the item was sold via Soon.Market
    3. The fee is deducted from the total sale price at the time of the purchase by operation of the Smart Contracts. Further fees can be royalty fees to the creator (defined and controlled by the creator) of the item or blockchain fees. However, these are not additionally added to the sales price, but instead deducted from the sales price directly.
    4. The User agrees and understands that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the smart contracts on the blockchain. By transacting on Soon.Market , the user hereby acknowledges, consents and accepts
      • using the smart contracts
      • all automated fees, commissions, and royalties for the sale of items
    5. The user hereby consents to and agrees to be bound by the smart contracts execution and distribution of the fees, commissions, and royalties. Users waive any entitlement to royalties, commissions, or fees paid to another by operation of the Smart Contracts. All sales of items will be automatically collected and can be claimed by the seller.
  8. Newsletter
    1. By subscribing to our newsletter you agree to receive emails from us. The purpose of the newsletter is to:
      • keep customers, visitors or any interested party up to date with latest updates and new features on Soon.Market
      • share insights about the Proton NFT ecosystem and statistics
    2. We reserve the sole right to modify or discontinue the newsletter at any point in time without any notice. We also reserve the right to unsubscribe any user at any point in time without any notice should we identify misuse or registration with fake data. We will not be liable should we execute such rights.
    3. The newsletter is using a so called "double opt-in" mechanism. When subscribing to the newsletter you will receive a confirmation email. You need to click the button/link in that email to active your subscription.
    4. You can unsubscribe from the newsletter at any time by clicking the "unsubscribe" link in the newsletter email (footer section).
  9. Third party content and services
    1. The service may allow you to access third-party websites or other resources. We provide access only as a convenience and the user understands that we neither own nor control 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 Soon.Market. 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 because of your transactions or any other interaction with any such third parties.
    2. We do not make any representations or warranties about this third-party content visible through our service, including any content associated with NFTs displayed on the service, and you bear full responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers. We also cannot guarantee that any NFTs visible on Soon.Market will always remain visible and/or available to be bought, sold, or transferred.
  10. Ownership
    1. kryptokrauts owns all legal rights in and to all elements of Soon.Market including, without limitation the Soon.Market logo, proprietary
      • text
      • graphics
      • images
      • logos
      • page headers
      • button icons
      • scripts
      • selection and arrangement.
    2. You are solely responsible for your use of Soon.Market and for any content you provide, including compliance with applicable laws, rules, and regulations.
    3. You retain your rights to any content you submit, post, or display using Soon.Market.
    4. By submitting, posting, or displaying content/items on or via Soon.Market, you grant us a worldwide, non-exclusive, simple usage, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods.
    5. The user represents and warrants, to have, or have obtained, all rights, licenses, consents, permissions, power and/or authorities necessary to grant the rights granted herein for any items that they submit, post, or display on or through Soon.Market. You agree that items will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Soon.Market the license described above.
    6. The right of the user to offer, sell, purchase, display, etc. the item on other platforms remains unaffected in any case.
    7. You agree to indemnify and hold kryptokrauts and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way arising from or relating to, any actual or alleged breach of these Terms by you, a co-conspirator, or anyone using your account.If we assume the defense of such a matter, you will reasonably cooperate with us in such defense
    8. Soon.Market reserves the right to remove content without prior notice. Soon.Market will blacklist works in response to formal infringement claims and will terminate a user's access to the services if the user is determined to be a repeat infringer.
    9. Any person who knowingly materially misrepresents that content or an activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us and possibly others for any damages, including costs and attorneys’ fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.
    10. As part of Soon.Market, we act as a mere intermediary between sellers and buyers. Therefore, the services provided through Soon.Market takes place only between the buyer and the seller and any claim must be addressed by the buyer to the seller. The seller is solely responsible for the claims processing.
  11. Limitation of liability
    1. To the fullest extent permitted by law, you agree that in no event will kryptokrauts or its service providers 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 or the service, 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 strict liability or tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if we or our service providers have been advised of the possibility of such damages; or for any other claim, demand, or damages whatsoever resulting from or arising out of or in connection with these terms of the delivery, use, or performance of the service.
    2. Access to, and use of, the service, 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.
    3. 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.
  12. Governing Law and Venue
    1. These Terms, your access to and use of Soon.Market shall be governed by and construed and enforced in accordance with the laws of Germany. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, shall remain unaffected. Those who choose to access the Soon.Market from locations outside Germany do so at their own initiative and are responsible for compliance with applicable local laws.
    2. If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and us is Ulm.
    3. The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/.Consumers have the possibility to use this platform for the settlement of their disputes. We would like to point out that we do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.
  13. Miscellaneous
    1. We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, Soon.Market (or any features or parts thereof) at any time and without liability as a result.
  14. Final provisions
    1. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
    2. The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract shall become ineffective as a whole.