Terms of Service

1. Agreement to Terms

By accessing or using Foundation Exclusive ("the Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform.

Foundation Exclusive is an exclusive NFT marketplace that operates as an extension of the Foundation ecosystem. Our platform caters to high-value collectors and creators who seek premium digital art.

2. Eligibility

To use Foundation Exclusive, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Platform under applicable laws
• Have a valid cryptocurrency wallet compatible with our Platform

3. Account Registration

To access certain features of the Platform, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access to your account

4. NFT Transactions

Purchasing NFTs

When you purchase an NFT on Foundation Exclusive, you agree that:

• All sales are final and non-refundable
• You are responsible for all gas fees and transaction costs
• Ownership is transferred upon successful completion of the blockchain transaction
• The Platform is not responsible for any errors in wallet addresses or transaction details

Creating and Selling NFTs

If you create or sell NFTs on the Platform, you represent and warrant that:

• You own or have the rights to the content you mint
• Your content does not infringe on any third-party intellectual property rights
• Your content complies with all applicable laws and regulations
• You will accurately describe your NFTs and not engage in misleading practices

5. Platform Fees

Foundation Exclusive charges fees for certain services:

• Transaction Fee: A percentage of each sale is retained by the Platform
• Minting Fee: A fee is charged when creating new NFTs
• Creator Royalties: Original creators receive royalties on secondary sales as specified

All fees are subject to change. Current fee structures are displayed during the transaction process.

6. Prohibited Conduct

You agree not to:

• Use the Platform for any illegal purpose or in violation of any laws
• Upload content that is infringing, defamatory, or harmful
• Engage in market manipulation, wash trading, or fraudulent activities
• Attempt to interfere with or disrupt the Platform's operations
• Use automated systems or bots without our express permission
• Impersonate others or misrepresent your identity

7. Intellectual Property & NFT Ownership Rights

The Platform and its original content, features, and functionality are owned by Foundation Exclusive and are protected by international copyright, trademark, and other intellectual property laws.

What Buying an NFT Gives You

When you purchase an NFT on Foundation Exclusive, you acquire verifiable ownership of that specific digital collectible edition — a unique, blockchain-recorded token representing your place in the provenance of the work. This grants you the right to hold, display, transfer, and resell the edition you own, along with a limited, non-exclusive, non-commercial license to showcase the associated artwork for personal use (for example, as your profile picture or in a personal digital gallery).

What Remains With the Creator

Ownership of an NFT edition is distinct from ownership of the underlying creative work. Unless a separate written agreement with the creator states otherwise, the original creator retains all copyright, reproduction, commercial-use, licensing, and derivative-work rights in the art, media, or content tied to the NFT. This means that, without the creator's express written permission, NFT holders may not:

• Reproduce, print, or otherwise copy the underlying work for distribution or sale
• Use the work commercially, including on merchandise, in advertising, or within other products or services
• Sub-license, syndicate, or grant third parties rights to the underlying work
• Create derivative works, adaptations, or remixes based on the underlying work

In short: owning the NFT means owning the collectible — the authenticated, tradeable token itself. It does not transfer the creator's copyright or any of the broader commercial rights in the work the token represents. Creators are free to continue licensing, reproducing, and commercially exploiting their own work independent of any NFT sale, except where explicitly restricted by a separate written agreement.

8. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE PLATFORM.

NFT values are highly volatile and speculative. We make no representations about potential profits or losses. You acknowledge that you are solely responsible for your investment decisions.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOUNDATION EXCLUSIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM.

10. Indemnification

You agree to indemnify and hold harmless Foundation Exclusive and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Platform or violation of these Terms.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Platform constitutes acceptance of the modified Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Foundation Exclusive operates, without regard to its conflict of law provisions.

13. Contact Information

For questions about these Terms, please contact us at:

Email: legal@foundationexclusive.com