Terms of use

Terms of Use

SecretNFT is a Non-Fungible Token (“NFT”) marketplace for digital creators delivered to you by Ternoa Blockchain. On the SecretNFT, artists can issue authenticated single edition digital artworks which are tokenized as collectible digital items that can be owned, displayed and traded by anyone. These artworks are certified on the Ternoa blockchain to prevent forgery.

By using the SecretNFT platform and the website located at https://www.secret-nft.com (the “Website”) (collectively “SecretNFT”) you agree to these Terms of Use and any terms and conditions incorporated herein by reference (collectively, the "Terms").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING SECRETNFT AS THEY ARE BINDING ON YOU. THESE TERMS GOVERN YOUR USE OF SECRETNFT, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE SECRETNFT AVAILABLE TO YOU IF YOU ACCEPT ALL OF THE TERMS SET FORTH HEREIN. BY USING SECRETNFT, OR ANY PART OF IT YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS OR IF YOU DO NOT HAVE AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF A COMPANY, YOU MAY NOT ACCESS OR USE SECRETNFT.

Information About Us

Capsule Corp is making available the SecretNFT to you. Capsule Corp is a simplified joint stock company (Société par actions simplifiée - SAS) under French law registered with the Bayonne Trade and Companies Register under the number 882 163 413, with its registered address located at Centre International d'Affaires 24 Boulevard Marcel Dassault 64200 Biarritz, France.

Access to SecretNFT

Access to SecretNFT is provided free of charge. It is your responsibility to make any and all arrangements necessary in order to access SecretNFT. The access is provided on an “as is” and “as available” basis. We may alter, suspend or discontinue any and all of SecretNFT at any time and without notice. We will not be liable to you in any way if SecretNFT is unavailable at any time and for any period.

Features of SecretNFT

SecretNFT allows NFT-creators to create their unique NFTs and customize their digital works using the following features which are optional but provides an opportunity for artists to personalize their work:

Protect feature: Each NFT can be accompanied by a watermark to protect its uniqueness using this function. Only the NFT's owner has access to the entire work without a watermark in this case.

Secret feature: An artist can hide most or all of their work from view by adding this function to their NFT. Only the NFT holder will be able to view what is hidden in the work.

Blur feature: The creator of an NFT can use this feature to hide it from visibility. Only the NFT's owner will be able to see the complete work.

The NFTs on SecretNFT can be bought using the CAPS which is the token of the Ternoa Blockchain used for transactions. Alternatively, one can buy NFTs using Tiime tokens which are reward tokens of the Tiime Engine platform built on top of Ternoa blockchain. For more information about the Tiime Engine please visit the website at https://www.tiime-engine.com.

You have to download and install Ternoa Wallet in order to collect NFTs and store them in your Wallet. Ternoa Wallet also allows you to decrypt your NFTs. Before you download and install the Ternoa Wallet on your device, please make sure you read and fully understand the Terms of Use and Privacy Policy of Ternoa Wallet.

Ownership of NFTs

You can get the ownership of any NFTs on SecretNFT by using your CAPS or Tiime tokens. When you get a NFT in exchange for CAPS or Tiime you get the right to trade your NFT, sell it, or give it away. Ownership of the NFT is mediated entirely by the smart contract and the Ternoa blockchain. We will, at no point, seize, freeze, or otherwise modify the ownership of any NFTs.

Intellectual Property Rights

You expressly acknowledge and agree that any and all intellectual property rights ("Intellectual Property Rights") associated with SecretNFT and its Content (including, but without limitation to all art, design, text, graphics, user interfaces, “look and feel”, photos, audio, video, complication of the content, code and data, computer code and all other forms of information or data) are the sole property of Capsule Corp, and its affiliates or are licensed for the use of the Capsule Corp, unless otherwise is expressly set forth in these Terms. The Content is protected by Intellectual Property Rights and other laws available in France and other countries. Elements of SecretNFT are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customised graphics, icons, and other items that appear on SecretNFT are trademarks, service marks or trade name ("Marks") of Capsule Corp, its affiliates or other entities that have granted us the right and licence to use such Marks and may not be used or interfered with in any manner without our express written consent. Except as otherwise expressly authorised by these Terms, you are not allowed to reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner reuse the Content of SecretNFT in any way without our prior written permission or that of an appropriate third party. Except as expressly provided herein, Capsule Corp does not grant to you any express or implied rights to our Intellectual Property Rights or that of any third party.

Feedback

You may choose to submit comments, bug reports, ideas or other feedback about the SecretNFT, including without limitation about how to improve SecretNFT (collectively, “Feedback”). By sending any Feedback, you agree that we are free to use and distribute such Feedback to third parties at our discretion and without any compensation to you, whether on a non-confidential basis or otherwise. You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

Links to External Websites

Links to other websites may be included on SecretNFT. Unless expressly stated, these websites are not owned or controlled by us. We neither assume nor accept responsibility or liability for the content of these third party websites. The inclusion of a link to another website on SecretNFT is for information only and does not imply any endorsement of the websites themselves or of those in control of them.

Indemnification

You agree to indemnify and hold us and any of our officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of SecretNFT, (ii) your violation of these Terms, or (iii) your violation of applicable laws or regulations.

We retain the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Data Protection

Your access and use of SecretNFT is also conditioned on your acceptance of our Privacy Policy. Our Privacy Policy sets out data protection practices and principles we employ in relation to SecretNFT. Please read our Privacy Policy carefully before using SecretNFT.

All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the French Law No 78-17 of 6 January 1978.

For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing where applicable, please refer to our Privacy Policy.

Your Obligations

You agree that you are responsible for your own conduct while accessing or using SecretNFT, and for any consequences thereof. You agree to use SecretNFT only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. You acknowledge and expressly agree that you, you shall not, and shall not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, and fraudulent content, (ii) distribute software viruses, worms, Trojan horses, corrupted files, or any other malware or any other items of a destructive or deceptive nature, (iii) impersonate another person, (iv) upload, post, transmit or otherwise make available through SecretNFT any content that infringes the intellectual proprietary rights of others, (v) use SecretNFT to violate the legal rights of others, (vi) engage in, promote, or encourage illegal activity, including, without limiting to, money laundering, (vii) interfere with other users' enjoyment of SecretNFT, (viii) exploit SecretNFT for any unauthorized commercial purpose, (ix) copy, alter, translate, modify, create derivative works from, reproduce, resell, reverse assemble, reverse engineer, reverse compile any portion of SecretNFT, (x) remove any copyright, trademark or other proprietary rights notices contained in or on SecretNFT, (xi) reformat or “frame” or “mirror” any portion of the SecretNFT, (xii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of SecretNFT or the content posted on the thereof, or to collect information about its users for any unauthorized purpose, (xiii) access or use SecretNFT for the purpose of creating a product or service that is competitive with any of our products or services.

If you engage in any of the activities prohibited by this Section, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, a) immediately suspend your use of SecretNFT, and b)  

Law and Jurisdiction

These Terms, and the relationship between you and us, whether contractual or otherwise, shall be governed by, and construed in accordance with, French law, without regard to its conflict of law provisions.

In the event of any controversy, dispute or claim (collectively “dispute”) between you and us arising out of or in connection with your use of SecretNFT, the parties shall attempt, in good faith, to resolve any such dispute among themselves in an amicable fashion. If the parties are not able to resolve any such dispute within 30 days, then either party may submit such dispute to mediation. If the dispute cannot be resolved through mediation within a month of the submission to mediation, then the parties shall be free to initiate legal proceedings and pursue any right or remedy available to them in which case the competent courts of Bayonne, France will have the jurisdiction to hear the cases.

Severance

The provisions of these Terms are independent and severable from each other. If at any time any provision of the Terms is or becomes illegal or unenforceable in any respect under the law of any jurisdiction, this does not affect or impair: a) the legality, validity, or enforceability in that jurisdiction of any other provision of these Terms; nor b) the legality, validity, or enforceability under the law of any other jurisdiction of that or any other provision of the Terms.

Changes to these Terms

We may make changes to these Terms at any time at our sole discretion. Such changes may be done with or without notice. Any such changes will become binding on you upon your first use of SecretNFT after the changes have been implemented. You are therefore advised to check this page from time to time.

In the event of any conflict between the current version of these Terms and any previous versions, the provisions current and in effect shall prevail unless it is expressly stated otherwise.

Contacting Us

If you have any questions we would be happy to answer them. Do not hesitate to contact us for any inquiries you might have via this link.