Terms of Service
Last Updated: July 06, 2022
GhostMarket NFT Marketplace allows you to create, display, buy, sell and mint NFTs and is made available to you by ONBLOCKIO LDA.
Clause 1. Introduction
GhostMarket NFT Marketplace is a cross-chain NFT platform that facilitates transactions between buyers and sellers in buying and selling, without limitation to, of NFTs.
By connecting your Wallet to the platform, completing the account registration process and using GhostMarket NFT Marketplace, you confirm that you understand and agree to these terms and conditions (referred to as “Terms”), together with any documents that may be expressly referred to and are incorporated by reference (together, these "Terms") and you agree that these terms and conditions are a binding legal agreement between you and GhostMarket, and govern your access to and use of the GhostMarket.io NFT Marketplace, including any content, functionality, and services offered on or through the Site.
If you do not agree, do not access GhostMarket or utilize GhostMarket services.
Clause 2. Definitions
(i) "Account" has the meaning given to it in Clause 6
(ii) "Applicable Law" means any law, rule, statute, subordinate legislation, regulation, by-law order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to this Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority
"Auction" has the meaning given to it in Clause 10;
"Content" has the meaning given to it in Clause 9;
"Contributor" has the meaning given to it in Clause 8;
“Digital Currencies” refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
“Digital Assets” refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
"GhostMarket" has the meaning given to it above;
"GhostMarket NFT Marketplace" means the NFT platform hosted on the Site, built and provided by ONBLOCKIO LDA or its affiliated entity to facilitate the transacting and display of NFTs including without limitation the sale and purchase of NFTs.
"NFT" means a unique non-fungible token generated from a Sale Item using smart contracts.
“Own” means, with respect to an NFT, an NFT that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain.
"Privacy Notice" means GhostMarket privacy notice accessible at placehold it;
“Parties” means the user and GhostMarket
"Redeemable" has the meaning given to it in Clause 11;
"Sale Item" means any audio or visual material, including without limitation designs, drawings, prints, in any form or media, including without limitation videos and photographs, that may be associated with a NFT;
"Site" means the website https://GhostMarket.io/;
“Third Party IP” means any third-party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
"User Content" has the meaning given to it in Clause 8;
"we/us/our" means GhostMarket;
"you/your" means the user of GhostMarket NFT Marketplace;
Clause 3. Contractual Relationship, Transfer, Assignment or Delegation
These Terms constitute the entire legal agreement and create a binding contract between the parties regarding its subject matter and each party acknowledges that in agreeing to these Terms it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.
These Terms, and any rights and obligations and licences granted hereunder may not be transferred, assigned or delegated by you to any third-party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction, including without limitation to any of the entities within GhostMarket group, or to any successor in interest of any business associated with GhostMarket NFT Platform. Any attempted transfer or assignment in violation hereof shall be null and void.
Clause 4. Language and Translation
These Terms are concluded in the English language and all communications including any notices or information being transmitted shall be in English.
In the event that these Terms or any part of it is translated into any other language, the English language text of these Terms shall prevail.
Clause 5. Eligibility
GhostMarket has sole and absolute discretion to determine access to GhostMarket NFT Marketplace.
By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the full right, power, and authority to agree to these Terms; (c) you are not subject to any financial sanctions, embargoes or other restrictive measures imposed by the United Nations, European Union, any EU country, UK Treasury or US Office of Foreign Assets Control (OFAC), or any governmental authority in any jurisdiction in which GhostMarket NFT Marketplace is available; (d) you are not a citizen or resident of any of the following countries: Belarus; Burma (Myanmar); Central African Republic; Côte d'Ivoire (Ivory Coast); Cuba; Democratic Republic of the Congo; Iran; Iraq; Lebanon; Liberia (former Liberian Regime of Charles Taylor); Libya; North Korea; Somalia; Sudan; Syria; Zimbabwe; (e) you are not impersonating any other person; (f) you will not use GhostMarket NFT Marketplace if any Applicable Laws in your country prohibit you from doing so in accordance with these Terms; (g) you are compliant with all Applicable Laws to which you are subject; (h) you have read, understood and agreed to our Privacy Notice and Cookie Policy.
Clause 6 Account, Privacy and Data Protection
You must create an account ("Account") to use GhostMarket NFT Marketplace. To create an Account, you must provide us with some information about yourself. We may, in our sole discretion, require that you provide further information and/or documents. We may, in our sole discretion, refuse to provide you with access to GhostMarket NFT Marketplace.
You may not allow other persons to use your User credentials, and you agree that you are the sole authorized user.
By using GhostMarket NFT Marketplace, you confirm that you have read and understood our Privacy Notice and understand how we collect, use, disclose and share amongst ourselves your Personal Data and disclose such Personal Data to our authorised service providers and relevant third parties. We will only share your Personal Data in order to facilitate and administer your use of GhostMarket NFT Marketplace or otherwise if required by law. Such a data controller will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it, the conditions under which we may disclose it and how we keep it secure, please refer to our Privacy Notice, which is accessible at placehold it.
We reserve the right at any time to satisfy our internal requirement as to your Personal Data (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or anti-money laundering and counter-terrorist financing purposes.
Clause 7. Use and conduct
GhostMarket grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content. Our grant of such license is subject to the following conditions:
You undertake not to, knowingly or otherwise, authorise, allow or assist any other party to:
  1. Use GhostMarket NFT Marketplace, Site, or your Account to perform unlawful activities that violates any Applicable Laws (including but not limited to money laundering, terrorism financing and/or fraudulent activities) or immoral activities;
  2. Use GhostMarket NFT Marketplace, Site, or your Account to engage in any activity which operates to defraud GhostMarket, other users, or any other person, or to provide any false, inaccurate, or misleading information to GhostMarket;
  3. Use GhostMarket NFT Marketplace, Site, or your Account to upload content that contains or is infected with viruses, malicious codes, Trojan horses, is immoral or illegal or contains any other harmful or deleterious program;
  4. Modify or adapt the whole or any part of GhostMarket NFT Marketplace and Site or incorporate the Site into any other programme or application;
  5. Disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the Site or any components thereof;
  6. Use GhostMarket NFT Marketplace, Site, or your Account in any manner that would lead to infringement of our, our Affiliates' or any third party's intellectual property rights, including without limitation any copyright, patent or trademark. You undertake not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon our intellectual property interests;
  7. Use GhostMarket NFT Platform, Site, or your Account in a way that could damage, disable, impair or compromise the Site or the provision of GhostMarket NFT Marketplace or interfere with other users or affect the reputation of GhostMarket;
  8. Take any action to gain or attempt to gain unauthorised access to the account or wallets of other users;
  9. Take any action that imposes an unreasonable or disproportionately large burden or load on GhostMarket infrastructure (including, but without limitation to our servers, networks, data centres and related or like equipment) and detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of GhostMarket NFT Marketplace;
  10. Engage in any other activities deemed inappropriate by us or which is in contravention of these Terms or any Applicable Laws;
  11. Provide false, inaccurate, incomplete or misleading information to GhostMarket or any of its Affiliates or third party services providers; and/or
Clause 8. User Content
GhostMarket NFT Marketplace allows users to create a profile where they can post information about themselves, display their NFTs, and sell NFTs they own.
GhostMarket NFT Marketplace allows artists or creators of NFTs ("Contributor") to put their NFTs up for sale, which may be via auction.
Any information you post on the Site as a Contributor will be considered non-confidential. By providing any User Content on the Site, you grant us and our affiliates and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, retransmit, publish, broadcast, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that you own and control all rights in and to your User Content and have the right to grant such licenses to us and our affiliates and our respective licensees, successors, and assigns; and all of your User Content does and will comply with these Terms.
You understand and agree that you are responsible for any User Content you submit or contribute, and you, and not GhostMarket, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content, accuracy, or appropriateness of any User Content posted by you or any other user on the Site.
If you are a Contributor, you hereby grant GhostMarket the right to use your name and image for marketing or promotional purposes and agree that we may use or modify images from the NFTs that you create for marketing or promotional purposes. You also agree that we can use your biography and other public information about you to promote the NFTs that you create.
If you are a Contributor, you agree that you will not infringe on the intellectual property of others and will not coordinate pricing of any NFTs with other Contributors.
We reserve the right, in our absolute sole discretion, to prohibit you from uploading any NFTs to the Site. We are not required to monitor any User Content, but we may, in our sole discretion, remove any User Content at any time and for any reason without notice. GhostMarket may monitor the User Content to detect and prevent fraudulent activity or violation of these Terms.
Clause 9. Intellectual Property Rights
Unless otherwise indicated by us, and except to the extent of the User Content, the Site, all content, and other materials contained therein, including, without limitation, GhostMarket logo, and all designs, text graphics, pictures, information, data, software, and files relating to GhostMarket NFT Marketplace (the "Content") are property of GhostMarket or our affiliates, licensors, or users, as applicable.
GhostMarket logo and any GhostMarket NFT Marketplace product or service names, logos, or slogans that may appear on the Site or elsewhere are the proprietary property of GhostMarket and may not be copied, imitated or used, in whole or in part, without our prior written permission.
Unless otherwise stated, you may not use any Content without our express written permission.
We reserve the right to suspend or terminate any Account that has actually or allegedly infringed upon any person's intellectual property rights.
Clause 10. Sale by Auction
You may sell and purchase NFTs through the Auction process. Your participation in the Auction is subject to the rules available on GhostMarket NFT Marketplace FAQ.
NFT trades on GhostMarket can be processed through one of four auction mechanisms: Fixed, Classic, Dutch, and Reserve.
Fixed auctions represent the vanilla fixed price trading experience already supported by the platform. Users can list an NFT and a sale price, then define a duration for the listing. Previously limited to 30 days, the new update allows fixed auctions to be extended to up to 180 days. These listings can be cancelled at any time.
Classic auctions follow traditional auction mechanics, starting from a base price and accepting increasing bids from prospective buyers. The duration for the auction can last up to 30 days, and a 5 or 10 minute extension period can be selected by the seller, which is activated in the event of a last minute bid.
Dutch auctions operate in the opposite manner. The NFT seller begins with a starting price and an ending price, and the auction starts from the highest price. The auctioned item’s price will be gradually decreased across the duration (up to 30 days) until a buyer is found. The first bid wins the auction, creating a “game of chicken” between potential purchasers who compete to buy the NFT at the lowest possible price.
Reserve auctions allow sellers to define a minimum starting price they would accept for the NFT. No start/end dates or durations are applied—instead, the first bid that exceeds the minimum will trigger a Classic auction with a 24-hour duration.
You may only participate in the Auction by linking your digital wallet, which must be a type supported by GhostMarket, to your Account.
GhostMarket may pause, cancel, or discontinue your Auction transactions at its sole discretion without liability.
GhostMarket is not a broker and the services offered by GhostMarket NFT Marketplace are administrative only. GhostMarket facilitates transactions between the buyer and seller in the Auction but is not a party to any agreement between the buyer and the seller of NFT(s) or between any users.
Clause 11. GFUND
Participating in GFUND means you will be exchanging 1 token for an index fund token, which takes share from multiple GhostMarket services and acts like a traditional index fund.
The GFUND yield is not claimable but added to the fund. The fund shares value amongst users. This means you get your yield in the form of increased GM tokens when exiting.
We reserve the right to make changes to any part of the service, discontinue GFUND at any time without notice.
Any numbers presented regarding GFUND should be seen as general advice and does not consider your personal objectives, financial situation or needs. You should consider if this information is appropriate for you considering your circumstances before acting on it.
Past and current performance does not indicate future performance. Do your own research, know the risks involved.
Clause 12 Ownership of NFT
GhostMarket is not a party to any agreement between the buyer and seller of NFTs or between any users.
Apart from the Content, all other copyrights, trademarks, product names, and logos on the Site relating to and including the NFTs and User Content, are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property right owner.
When you buy an NFT on GhostMarket NFT Marketplace, you own the underlying NFT and have the right to sell or give away the NFT. If the NFT is associated with an Sale Item, you will have a worldwide, perpetual, exclusive, transferable, royalty-free licence to use and display the Sale Item for your NFT, for so long as you own the NFT, solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of GhostMarket NFT Marketplace that permits the purchase, sale and display of your NFT; (c) as part of a third party website or application that permits the inclusion, involvement, storage, or participation of your NFT.
If you are the first buyer of an NFT, depending on the terms of sale of that NFT, the Contributor may provide you with a digital or physical item upon the Contributor’s receipt of your written request and proof of satisfaction of the Contributor’s terms, including, but not limited to, evidence that you are the first buyer of the NFT (“Redeemable”). Any Redeemable is provided by the Contributor directly to the relevant eligible NFT owner, and the Redeemable (including, but not limited to, its delivery, correspondence to its description, and condition or quality) is the sole and exclusive responsibility of the Contributor. GhostMarket shall have no liability whatsoever with respect to the Redeemable (including, but not limited to, its delivery, correspondence to its description, and condition or quality). Any notices or questions regarding the Redeemable should be sent to the Contributor directly, through contact details as may be provided at the relevant time of purchasing the qualifying NFT.
The Contributor shall have the right to enforce these Terms and any of his or her or its rights hereunder, including through an agent, collective management organization or performance rights organization, against any buyer or subsequent buyer of any Sale Item, provided that any costs and expenses arising from such enforcement shall be borne solely by the Contributor or the Contributor’s agent, collective management organization or performance rights organization, as applicable.
Without limiting the foregoing, if you believe that third-party material hosted by GhostMarket NFT Marketplace infringes your copyright or trademark rights, please file a notice of infringement by contacting: compliance@ghostmarket.io
Clause 13. Fees, Payments and Taxes
By buying and selling NFTs on GhostMarket NFT Marketplace, you agree to pay all applicable fees and you authorise GhostMarket to automatically deduct fees directly from payments to you and/ or add fees to your payments to GhostMarket where applicable.
No refunds are permitted on successful NFT purchases or transactions, as accepted and confirmed by GhostMarket in its sole discretion.
You agree that you are solely responsible for determining what, if any, taxes apply to your NFT transactions on the NFT GhostMarket Marketplace. Neither GhostMarket nor any other GhostMarket affiliated entity is responsible for determining the taxes that may apply to your NFT transactions.
Clause 14. Limitation of Services, Termination and/or Account Closure
We reserve the right, without notice and in our sole discretion, to terminate or suspend your access to or use of the Site and any Content and/or close your Account, at any time for any reason but in particular, if we suspect in our sole discretion that (i) your Account is being used for illegal activity; (ii) you have concealed or provided false information; (iii) you have engaged in fraudulent activity; and/or (iv) you have engaged in activity in violation of these Terms.
If GhostMarket is holding funds in your Account and has no record of your use of GhostMarket NFT Marketplace for several years, we may be required, upon passage of applicable time periods, to report these funds as unclaimed property in accordance with the abandoned property and escheat laws. If this occurs, we will use reasonable efforts to give you written notice. If you fail to respond within seven business days or the period as required by Applicable Law, we may be required to deliver any such funds to the applicable jurisdiction as unclaimed property. We reserve the right to deduct a reasonable administrative fee from such unclaimed funds, as permitted by Applicable Law.
Clause 15. Risks
You understand and agree that your access and use of GhostMarket NFT Marketplace is subject to certain risks including without limitation:
  1. You bear full responsibility for verifying the identity, legitimacy, and authenticity of assets you purchase on GhostMarket NFT Marketplace. Notwithstanding indicators and messages that suggest verification, GhostMarket makes no claims about the identity, legitimacy, or authenticity of assets on GhostMarket NFT Marketplace.
  2. Price and liquidity of blockchain assets, including the NFTs, are extremely volatile and may be subject to fluctuations;
  3. Fluctuations in the price of other digital assets could materially and adversely affect the NFTs;
  4. Legislative and regulatory changes or actions may adversely affect the use, transfer, and value of the NFTs;
  5. NFTs are not legal tender and are not back by any government;
  6. Transactions involving NFTs may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable;
  7. The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, and therefore the value of NFTs is subject to the potential for permanent or total loss of value should the market for NFTs disappear;
  8. NFTs are subject to the risk of fraud, counterfeiting, cyber attacks and other technological difficulties which may prevent access to or use of your NFTs; and
  9. Withdrawal of an NFT to a decentralised digital asset wallet is at your own risk, and the transfer for any NFT to an incorrect digital asset wallet address will result in the irreversible loss of such NFT.
You understand and agree that you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself. GhostMarket does not give any advice or recommendations regarding the NFTs. You understand and agree that you access and use GhostMarket NFT Marketplace at your own risk. You understand and agree that GhostMarket will not be responsible for any communication failures, disruptions, errors, or distortions you may experience when using the NFTs or GhostMarket NFT Marketplace.
Clause 16. Site, Marketplace and Changes to Marketplace
GhostMarket may in absolute and sole discretion change, update, amend, remove, modify or discontinue any part of the Site and the Content at any time without prior notice to you.
Except as expressly provided to the contrary in writing by GhostMarket, the Site, content contained therein, and the NFTs listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. GhostMarket (and its suppliers) make no warranty that the Site will (1) meet your requirements; (2) be available on an uninterrupted, timely, secure, or error-free basis; or (3) be accurate, reliable, complete, legal, or safe.
Clause 17. Changes to Terms and and Conditions
GhostMarket reserves the right to change, update, amend, remove, modify, or discontinue these terms at any time and at our sole discretion. You agree and understand that by accessing or using GhostMarket NFT Marketplace and the Site following any change to these Terms, you are regarded as having agreed to the revised Terms.
These Terms may from time to time be updated or amended. We will post any such updates on the Site. Such updated Terms as posted will take effect immediately unless otherwise indicated. You should regularly check the Site to inform yourself of any such changes. In addition, we may at any time change, add or remove any feature or functionality of the Site without prior notice. By continuing to use GhostMarket NFT Marketplace and/or the Site after any such changes have taken effect, you are indicating your acceptance of the updated or amended Terms as well as your acceptance of the updated Site. If you do not wish to be bound by any changes or amendments to these Terms then you should stop using GhostMarket NFT Marketplace and Site immediately.
Clause 18 “Liability”
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 the NFTs including but not limited to, any losses, damages, or claims arising from: (1) user error such as if you forget your password(s), incorrect transactions, or mistyped addresses; (2) server failure or data loss; (3) corrupted wallet files; (4) loss of NFTs
While GhostMarket attempts to make your access to and use of the Site and content safe, GhostMarket does not represent or warrant that the Site, content, any NFTs listed on the Site or any other part of the Site or GhostMarket NFT Marketplace are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You acknowledge and accept the inherent security risks of providing information and dealing online over the Internet. We will not be responsible for any breach of security unless it is due to our gross negligence.
Clause 19. Governing Law
This Site is controlled, operated and administered by GhostMarket within Portugal. GhostMarket makes no representation that materials at this site are appropriate or available for use at other locations outside of Portugal and access to them from territories where their contents are illegal is prohibited. You may not use the Web Site or export the Materials in violation of any applicable export laws and regulations. If you access this Site from a location outside of Portugal, you are responsible for compliance with all local laws.
These Terms of Use shall be governed by the laws of Portugal, without giving effect to its conflict of laws provisions. You agree that the appropriate court in Faro, Portugal, will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use, and you consent to personal jurisdiction in such a forum.
Clause 20. Severability
If any provision of these Terms are to be found by any court or competent administrative body or authority to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction, and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws.
Clause 21. Waiver
These Terms shall not be waived in whole or in part except where agreed by the parties in writing.
The delay of enforcement or the non-enforcement of any of the terms of these Terms by any party shall not be construed as a waiver of any of the other rights of that party arising out of the breach or any subsequent breach of any of these Terms and no right, power or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
Clause 22. Claims
These Terms of Use constitutes the entire agreement between GhostMarket and you with respect to your use of the Web Site. Any cause of action you may have with respect to your use of the Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
Clause 23. Indemnity
To the fullest extent permitted by Applicable Law, you agree to indemnify, defend and hold harmless GhostMarket and our 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 “GhostMarket Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (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, Content or NFTs, (b) your breach of these Terms, and (c) your breach or violation of the rights of a third party, including another user or third party service provider. You agree to promptly notify GhostMarket of any third party Claims and cooperate with GhostMarket Parties in defending such Claims. You further agree that GhostMarket Parties shall have control of the defense or settlement of any third party Claims.
Clause 24. Communications
Any communication regarding these Terms or the overall usage of GhostMarket NFT Platform and/or related services should be sent electronically to
Clause 25. Enforceability
Other than the entities within GhostMarket, a person who is not a party to these Terms has no right to enforce any of these Terms.
Clause 26. Survival
You agree and understand that all above clauses and provisions shall survive the termination or expiration of these Terms.