This NFT Listing Policy (“Policy”) governs the listing, sale, purchase, and transfer of Non-Fungible Tokens (“NFTs”) through the marketplace operated by Retinal Delights, Inc. (“Company,” “we,” “us,” or “our”). By listing, purchasing, or otherwise interacting with NFTs on our platform, you agree to this Policy, our Terms of Service, and all applicable laws.

2. DEFINITIONS

• NFT: A blockchain-based non-fungible token representing a unique digital asset (including but not limited to artwork, images, video, audio, or other works) minted or authorized by Retinal Delights, Inc.
• Marketplace: The online platform operated by Retinal Delights, Inc. where NFTs may be listed, sold, resold, or auctioned.
• Seller: An individual or entity who lawfully owns and lists an NFT for sale or auction.
• Buyer: An individual or entity who purchases or acquires an NFT through the Marketplace.
• Escrow Smart Contract: The blockchain-based mechanism that temporarily holds NFTs and/or funds pending settlement after an auction or sale.

3. Eligibility to List NFTs

• You must be at least 18 years old and legally capable of entering into binding agreements.
• NFT transactions must be lawful in your jurisdiction; if prohibited, you may not participate.
• Only NFTs minted or issued by Retinal Delights, Inc. or its authorized creators may be listed.
• Sellers must be the rightful owners of NFTs with clear, unencumbered title and authority to transfer them.

4. Listing Requirements

• Accuracy: Sellers must provide complete, truthful, and non-misleading information about each NFT, including title, metadata, edition number, and creator attribution.
• Intellectual Property: Sellers must have the legal right to tokenize, list, and transfer the NFT and any associated intellectual property rights. Listings must not infringe the rights of third parties.
• Prohibited Content: Listings may not contain or promote unlawful, infringing, obscene, defamatory, offensive, or harmful content.
• Pricing: Sellers determine listing prices and may adjust or remove listings prior to sale or settlement.

5. Ownership and Transfer

• NFT ownership is recorded on the blockchain.
• Listing an NFT does not itself transfer ownership. Ownership transfers only upon successful, confirmed on-chain settlement.
• Sellers represent and warrant that NFTs listed are free of liens, claims, encumbrances, or disputes.
• Retinal Delights, Inc. disclaims liability for any title defects, ownership disputes, or misrepresentations by Sellers.

6. Auction Settlement and Escrow

• Settlement Requirement: When an auction ends, ownership and payment do not transfer automatically. The winning bidder (“Winner”) must trigger on-chain settlement within 48 hours of auction close.
• ‍Escrow Holding: Until settlement occurs, NFTs and funds remain locked in the Escrow Smart Contract.
• ‍Authorized Trigger: Settlement may be initiated by the Winner or, where permitted, the Seller.
• ‍Failure to Settle: If settlement is not completed within the required period:
  • Retinal Delights, Inc. and/or the Seller may void the transaction,
  • The NFT may be reclaimed and relisted, and
  • The Winner forfeits all rights to the NFT
• Notifications: Reminder notifications may be sent, but it is solely the responsibility of Buyer and Seller to complete settlement.
• Disclaimer: Retinal Delights, Inc. is not responsible for losses caused by user inaction, failed settlement, or assets locked in escrow.

7. Marketplace Fees and Payments

• Listing and selling NFTs may be subject to fees as published in the Marketplace Fee Schedule.
• Sellers are responsible for all fees associated with transactions, including blockchain gas fees, commissions, and payment processor charges.
• Payments are disbursed only after successful on-chain settlement, in accordance with the Company’s payout schedule.
• Fees are non-refundable unless required by law.

8. Duration, Removal, and Termination

• Sellers may set a listing duration or keep listings active until sale or removal.
• Retinal Delights, Inc. may remove listings or suspend/terminate accounts at its sole discretion, including for suspected violations of this Policy, the Terms of Service, or applicable law.
• All NFTs are provided “as-is.” The Company makes no guarantee regarding value, functionality, liquidity, or long-term availability.

9. risk disclosure

NFT transactions carry significant risks, including but not limited to:

• Price volatility and speculative market behavior,
• Loss of access due to lost private keys or compromised wallets,
• Smart contract vulnerabilities, downtime, or deprecation,
• Regulatory changes or legal uncertainty,
• Platform interruptions or cybersecurity incidents.

By engaging with NFTs on the Marketplace, you acknowledge and assume these risks.

10. Compliance: KYC/AML and Sanctions

• Buyers and Sellers may be required to complete Know Your Customer (KYC) and Anti-Money Laundering (AML) verification before participating in Marketplace transactions.
• Users represent and warrant that they are not subject to sanctions, embargoes, or restricted-party designations issued by any governmental authority.
• All transactions must comply with applicable securities, tax, and consumer protection laws.

11. tax responsibility

All tax obligations arising from NFT transactions (including income, capital gains, sales, or use taxes) are the sole responsibility of Buyers and Sellers. Retinal Delights, Inc. does not calculate, withhold, or remit taxes on behalf of users.

12. dispute resolution

13. Warranties and Disclaimers

14. Limitation of Liability

To the maximum extent permitted by law, Retinal Delights, Inc. is not liable for:

• Failure to settle, delayed settlement, or user inaction,
• Wallet breaches, hacks, theft, or loss of private keys,
• Errors, downtime, or exploits in blockchain networks or smart contracts,
• Indirect, incidental, special, or consequential damages,
• Events beyond our reasonable control (see Force Majeure).

15. Force Majeure

Retinal Delights, Inc. will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, cyberattacks, power failures, internet outages, strikes, regulatory action, or blockchain network disruptions.

16. Amendments and Updates

Retinal Delights, Inc. reserves the right to modify this Policy at any time. Significant changes will be communicated through the Marketplace or email. Continued use of the Marketplace following such notice constitutes acceptance of the revised Policy.