the stream of connected users
pictures by those you are following


the stream of best rated last images

singlemedia -> the view(s) for one image, video, etc
search view_stream person_outline
info

the info for the media

close
type: {props.props}
dimension: 100cm x 10cm x 40cm
material: acrylic on canvas, steel wool
title: group 1 103
date of making: 2020 april
description: group 1 103 postcard session images 'zimzum' and other motives
price: 500 EURO
license: private use

visibility
views favorite_border
likes send
shares   turned_in_not
bookmark
I am a public review about an image
that has been published here or
what ever media critic...
comment
comments form here





my personal data

lock This account is protected.
 My personal data
user profile public data
article text and test
link to homepage

follow

my collection



OPTIONAL -> tag people
public|protected
search by tags, people, popularity, price range, media type search
my collection

...loading...


profile settings

The account is  private public


Surname



Use dark mode is  dark_modeon. You can switch to light_modeoff. You can switch to









Verification
this will open a video chat so people can show their id and face into cam(screenshots will be made and stored)
other option might be post ident, email code(level 1), payment via payment method, support contracts, whatever is a legal claim

status: not verified / levXXX-YYYY-MDKV-A1B2FF




API KEYs
only for verified users
input: verification status
apikey:
apisecret:




Register

The account is  protected



- -




login





the about page,
maybe blog reviews by service,
best rated of last day,week,month review

help

what's a collection?
public, protected, private, rights and visibility
how an auction works?

startpage

The startpage is the personal stream of the people one is following. It should only be presented to this one (and google bots?)

medialist

The public / protected profile of the one single person. The portfolio so to say.
Contains only the media one has posted (what about shared content??)

register

create an unverified account with minimal settings.

settings

one can enhance the settings with 'about me' infos, 'profile image', location (to sell), payment-info, request API-Key after verification, request id verification or payment verification.

mediaipload / mediaform

on can upload some media to ones profile

mediasearch

one can look up for artworks, people by tag or type

overview

the global startpage for anyone with or without a profile, once one is logged in this might change to the startpage aka personal stream.

following and follower

the group of following are the people one is following. Those might not follow one though.
the follower group are people which follows one yet they might not be in the group of which one is folling. One can exchange messages with members of this group even when ones account or the member is protected.
...

imprint | terms of service(agb) | DSVGO / Privacy Policy

Imprint and contact data expand_more 

email:                  mk (at) lieschen (dot) art
address:                Malte Kosian
                        Berner Heerweg 110
                        22159 Hamburg
                        Hamburg / Germany

Privacy Policy expand_more 

Effective as of June 1, 2021
This Privacy Policy describes the privacy practices of Banana, Inc., (“Banana”, “we”, “us”, or “our”),
and how we handle personal information that we collect through our digital properties that link to this
Privacy Policy, including our website (the “Service”) as well as through social media, our marketing
activities and other activities described in this Privacy Policy.
Index
Personal information we collect
How we use your personal information
How we share your personal information
Your choices
Other sites and services
Security
International data transfer
Children
Changes to this Privacy Policy
How to contact us
Personal information we collect
Personal information artists provide to us. Personal information that artists may provide to us through
the Service or otherwise includes:
● Contact information, such as your first and last name, email and mailing addresses and phone
number, and links to your webpage/social media account.
● Communications information based on exchanges with you, including when you contact us with
questions, feedback, or otherwise.
● Marketing information, such as your preferences for receiving our marketing communications
and details about your engagement with them.
● Social media information, such as information you use to login to, and posts you make on, our
Discord server.
● Art-related information about works that you create and sell through the Service, such as your
username/artist name and names and descriptions of your works.
● Payment information, such as your Ethereum wallet address.
● Transaction information such as your sale history.
● Government-issued identification numbers such as your tax identification number to facilitate
monetary payments to/from you.
● Other information not specifically listed here, which we will use as described in this Privacy
Policy or as otherwise disclosed at the time of collection.
Personal information users provide to us. Personal information that users (meaning digital property
visitors) of the Service provide to us through the Service or otherwise may include:
● Contact information such as your first and last name, salutation, email address, billing and
mailing addresses, and phone number.
● Communications information based on exchanges with you, including when you contact us with
questions, feedback, or otherwise.
● Marketing information, such as your preferences for receiving our marketing communications
and details about your engagement with them.
● Social media information, such as information you use to login to, and posts you make on, our
Discord server.
● Payment information, such as your Ethereum wallet address needed to complete your
transactions.
● Transaction information such as your purchase and return history.
● Other information not specifically listed here, which we will use as described in this Privacy
Policy or as otherwise disclosed at the time of collection.
Third party sources. We may combine personal information we receive from you with personal
information we obtain from other sources, such as social media platforms.
Automatic data collection. We, our service providers, and our business partners may automatically log
information about you, your computer or mobile device, and your interaction over time with the Service,
our communications and other online services, such as:
● Device data, such as your computer’s or mobile device’s operating system type and version,
manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device
type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising
purposes), language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE,
3G), and general location information such as city, state or geographic area.
● Online activity data, such as pages or screens you viewed, how long you spent on a page or
screen, the website you visited before browsing to the Service, navigation paths between pages
or screens, information about your activity on a page or screen, access times, and duration of
access, and whether you have opened our marketing emails or clicked links within them.
Cookies and similar technologies. Like many online services, we may use the following technologies:
● Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the
visitor’s browser or to store information or settings in the browser for the purpose of helping
you navigate between pages efficiently, remembering your preferences, enabling functionality,
helping us understand user activity and patterns and facilitating analytics.
● Local storage technologies, like HTML5 and Flash, that provide cookie-equivalent functionality
but can store larger amounts of data, including on your device outside of your browser in
connection with specific applications.
● Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a
webpage or email was accessed or opened, or that certain content was viewed or clicked.
How we use your personal information
We may use your personal information for the following purposes or as otherwise described at the time
of collection:
Service delivery. We may use your personal information to:
● provide, operate and improve the Service and our business;
● process your payments and complete transactions with you;
● communicate with you about the Service, including by sending our newsletter via email;
● understand your needs and interests, and personalize your experience with the Service and our
communications; and
● provide support for the Service, respond to your requests, questions and feedback.
Research and development. We may use your personal information for research and development
purposes, including to analyze and improve the Service and our business. As part of these activities, we
may create aggregated, de-identified or other anonymous data from personal information we collect.
We make personal information into anonymous data by removing information that makes the data
personally identifiable to you. We may use this anonymous data and share it with third parties for our
lawful business purposes, including to analyze and improve the Service and promote our business.
Marketing. We may send you Banana-related direct marketing communications as permitted by law,
including by email. You may opt-out of our marketing communications as described in the Opt-out of
marketing section below.
Compliance and protection. We may use your personal information to:
● comply with applicable laws, lawful requests, and legal process, such as to respond to
subpoenas or requests from government authorities;
● protect our, your or others’ rights, privacy, safety or property (including by making and
defending legal claims);
● audit our internal processes for compliance with legal and contractual requirements and
internal policies;
● enforce the terms and conditions that govern the Service; and
● prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal
activity, including cyberattacks and identity theft.
How we share your personal information
We may share your personal information with the following parties and as otherwise described in this
Privacy Policy or at the time of collection:
Service providers. Third parties that provide services on our behalf or help us operate the Service or our
business (such as hosting, information technology, payment processors, customer support, email
delivery, and website analytics services).
Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where
necessary in the course of the professional services that they render to us.
Authorities and others. Law enforcement, government authorities, and private parties, as we believe in
good faith to be necessary or appropriate for the compliance and protection purposes described above.
Business transferees. Acquirers and other relevant participants in business transactions (or negotiations
for such transactions) involving a corporate divestiture, merger, consolidation, acquisition,
reorganization, sale or other disposition of all or any portion of the business or assets of, or equity
interests in, Banana or our affiliates (including, in connection with a bankruptcy or similar
proceedings).
Please keep in mind that whenever you voluntarily make your personal information available for viewing
by third parties or the public on or through our Service, including our Discord server, that information
can be seen, collected and used by others. We are not responsible for any use of such information by
others.
Your choices
You have the following choices with respect to your personal information.
Opt-out of marketing communications. You may opt out of marketing-related emails by following the
opt-out or unsubscribe instructions at the bottom of the email. You may continue to receive
service-related and other non-marketing emails.
Cookies. Most browser settings let you delete and reject cookies placed by websites. Many browsers
accept cookies by default until you change your settings. If you do not accept cookies, you may not be
able to use all functionality of the Service and it may not work properly. For more information about
cookies, including how to see what cookies have been set on your browser and how to manage and
delete them, visit www.allaboutcookies.org.
Local storage. You may be able to limit use of HTML5 cookies in your browser settings. Unlike other
cookies, Flash-based local storage cannot be removed or rejected via your browser settings, but you can
adjust the settings of your Flash player to block it. Blocking Flash storage may impede the functionality
of Flash applications, including those employed by the Service. For more information on Flash local
storage visit https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html
Analytics. We use Google Analytics to help us understand user activity on the Service. You can learn
more about Google Analytics cookies at
https://developers.google.com/analytics/resources/concepts/gaConceptsCookies and about how Google
protects your data at http://www.google.com/analytics/learn/privacy.html. You can prevent the use of
Google Analytics relating to your use of our sites by downloading and installing a browser plugin
available at https://tools.google.com/dlpage/gaoptout?hl=en.
Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online
services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out
more about “Do Not Track,” please visit http://www.allaboutdnt.com.
Declining to provide information. We need to collect personal information to provide certain services.
If you do not provide the information we identify as required or mandatory, we may not be able to
provide those services.
Other sites and services
The Service may contain links to websites and other online services operated by third parties. In
addition, our content may be integrated into web pages or other online services that are not associated
with us. These links and integrations are not an endorsement of, or representation that we are affiliated
with, any third party. We do not control websites or online services operated by third parties, and we
are not responsible for their actions.
Security
We employ a number of technical, organizational and physical safeguards designed to protect the
personal information we collect. However, no security measures are failsafe and we cannot guarantee
the security of your personal information.
International data transfer
We are headquartered in the United States and may use service providers that operate in other
countries. Your personal information may be transferred to the United States or locations where privacy
laws may not be as protective as those in your state, province, or country.
Children
The Service is not intended for use by children under 16 years of age. If we learn that we have collected
personal information through the Service from a child under 16 without the consent of the child’s parent
or guardian as required by law, we will delete it.
Changes to this Privacy Policy
We reserve the right to modify this Privacy Policy at any time. If we make material changes to this
Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service.
If required by law we will also provide notification of changes in another way that we believe is
reasonably likely to reach you, such as via email or another manner through the Service. Any
modifications to this Privacy Policy will be effective upon our posting the modified version (or as
otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date
of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.
How to contact us
You can reach us by email at info@martianflower.club or at the following mailing address:
Banana, Private Person.
[address see imprint]

Terms of Service expand_more 

                        Banana
User Terms Of Service
Last Updated: 7.29.21
1. INTRODUCTION
These Terms of Use (these “Terms”) govern your access to and use of certain products, services and
properties made available by Banana, Inc. (“Banana,” “we,” “us” or “our”). Our products,
services and properties include, without limitation, the creation, purchase, sale, exchange, or
modification of certain digital assets; our online and/or mobile services, including the website
available at https://martianflower.club/, and software provided on or in connection with those services
(collectively, the “Service”). Certain features of the Service may be subject to additional guidelines,
terms, or rules (“Supplemental Terms”), which will be displayed in connection with such features. All
such Supplemental Terms are incorporated by reference into these Terms. If these Terms are
inconsistent with any Supplemental Terms, the Supplemental Terms shall control solely with respect
to such services.
Banana OFFERS A PLATFORM FOR CREATORS, BUYERS AND SELLERS OF
DIGITAL ASSETS AND ANY NON-DIGITAL PRODUCTS, SERVICES AND/OR BENEFITS TO
BE FURNISHED BY OR ON BEHALF OF SELLERS IN CONNECTION WITH SUCH SALES.
WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICE IS AN
ADMINISTRATIVE PLATFORM ONLY. Banana FACILITATES TRANSACTIONS
BETWEEN THE BUYER AND SELLER BUT IS NOT A PARTY TO ANY AGREEMENT
BETWEEN THE BUYER AND SELLER OR OTHERWISE BETWEEN ANY USERS OF THE
SERVICE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, IF YOU USE THE
SERVICE TO MAKE A PURCHASE, THE SELLER SHALL BE AN INTENDED THIRD-PARTY
BENEFICIARY OF THESE TERMS WITH RESPECT TO THE ITEM(S) SOLD AND SELLER’S
RIGHTS WITH RESPECT THERETO. Banana SHALL USE COMMERCIALLY
REASONABLE EFFORTS TO PROCURE THAT BUYERS SHALL BE AN INTENDED
THIRD-PARTY BENEFICIARY OF Banana’ AGREEMENT(S) WITH SELLERS OF
ITEMS FOR THE PURPOSE OF ENFORCING BUYERS’ RIGHTS WITH RESPECT THERETO.
YOU AGREE THAT Banana SHALL NOT BE A PARTY TO OR HAVE ANY
RESPONSIBILITY OR LIABILITY FOR, ARISING OUT OF, RELATING TO, ASSOCIATED
WITH OR RESULTING FROM ANY DISPUTES BETWEEN YOU AND ANY SELLER OF AN
ITEM IN RESPECT OF THE USE, MISUSE, PROVISION OR FAILURE TO PROVIDE ANY
ITEM.
YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND
AUTHENTICITY OF ITEMS YOU PURCHASE THROUGH THE SERVICES.
NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, ART
BLOCKS MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY
OF ITEMS OFFERED FOR SALE ON OR THROUGH THE PLATFORM.
PLEASE READ SECTION 21 OF THESE TERMS CAREFULLY, AS IT CONTAINS AN
ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE
DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY
BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN
INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE AGREEING TO
MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES
AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS .
PLEASE BE AWARE THAT SECTION 7 OF THESE TERMS, BELOW, CONTAINS YOUR
OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US.
THESE TERMS OF USE ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO
PLEASE READ THEM CAREFULLY. BY CLICKING ON ANY “I ACCEPT” BUTTON,
COMPLETING THE ACCOUNT REGISTRATION PROCESS, PURCHASING ITEMS
THROUGH THE SERVICE, AND/OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE
BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY
REFERENCE. If you do not agree to these Terms, you may not access or use the Service or purchase
any Items.
Please refer to our Privacy Policy

for information about how we collect, use and share personal
information about you. By submitting data through the Service, you expressly consent to the
collection, use and disclosure of your personal data in accordance with the Privacy Policy.
Banana reserves the right to change or modify these Terms at any time and in our sole discretion.
If we make changes to these Terms, we will provide notice of such changes, such as by sending an
email notification, providing notice through the Service or updating the “Last Updated” date at the
beginning of these Terms. By continuing to access or use the Service at any point after such update,
you confirm your acceptance of the revised Terms and all of the terms incorporated therein by
reference. We encourage you to review these Terms frequently to ensure that you understand the
terms and conditions that apply when you access or use the Service. If you do not agree to the revised
Terms, you may not access or use the Service.
2. OUR SERVICE
a. The Service is a software application made available by Banana to enable users of the Service
(“Users”) to Mint (as defined below) and purchase unique non-fungible tokens and any
non-digital products, services and/or benefits to be furnished by or on behalf of sellers in connect
with such sales (collectively, “Items”), implemented on the Ethereum Blockchain platform (the
“Blockchain Platform”) using smart contracts. You may only participate in the Minting, purchase,
or sale of any Item by linking an electronic wallet that allows you to purchase, store, and engage
in transactions using cryptocurrency (each, a “Digital Wallet”) on supported bridge extensions.
Before purchasing an Item, you must download a supported Digital Wallet bridge extension and
use such extension to connect and unlock your Digital Wallet through the Service. Once you
1martianflower.club/privacy
submit an order to Mint or purchase an Item, your order is passed on to the applicable extension,
which completes the transaction on your behalf.
b. ALL TRANSACTIONS INITIATED THROUGH OUR SERVICE ARE EFFECTED BY
THIRD-PARTY DIGITAL WALLET EXTENSIONS. BY USING OUR SERVICES YOU
AGREE THAT SUCH TRANSACTIONS ARE GOVERNED BY THE TERMS OF SERVICE
AND PRIVACY POLICY FOR THE APPLICABLE EXTENSIONS. FOR METAMASK,
THOSE TERMS ARE AVAILABLE AT https://metamask.io/terms.html AND
https://metamask.io/privacy.html.
3. USER REPRESENTATIONS AND WARRANTIES
a. You must be eighteen (18) years old to use the Service. By using the Service to Mint, purchase,
list, or sell an Item, as applicable, you agree to (i) provide accurate, current, and complete
information about yourself, (ii) maintain and promptly update from time to time as necessary such
information, (iii) maintain the security of your Digital Wallet and accept all risks of unauthorized
access to your Digital Wallet and to the information you provide to us, and (iv) immediately
notify us if you discover or otherwise suspect any security breaches related to the Service.
b. You agree that you will not:
● buy, sell, rent, or lease access to the Services without our written permission;
● log in or try to log in to access the Service through unauthorized third party applications or
clients.
c. Banana may require you to provide additional information and documents at the request of
any competent authority or in order to help Banana comply with applicable law, regulation, or
policy, including laws related to anti-laundering (legalization) of incomes obtained by criminal
means, or for counteracting financing of terrorism. Banana may also require you to provide
additional information and documents in cases where it has reasons to believe that:
● Your Digital Wallet or other access to the Service is being used for money laundering or for
any other illegal activity;
● You have concealed or reported false identification information and other details; or
● Transactions effected via your Digital Wallet were effected in breach of these Terms.
In such cases, Banana, in its sole discretion, may pause or cancel your transactions until such
requested additional information and documents have been reviewed by Banana and accepted
as satisfying the requirements of applicable law, regulation, or policy. If you do not provide
complete and accurate information and documents in response to such a request, Banana may
refuse to provide any Item, Content (as defined below), product, service and/or further access to
the Service to you.
d. When you use the Service to Mint, purchase, list, or sell an Item, you hereby represent and
warrant, to and for the benefit of Banana, its affiliates and its and their respective
representatives, as follows:
● Authority. You have all requisite capacity, power and authority to enter into, and perform
your obligations under these Terms, including to Mint, sell, list, or buy any Items, as
applicable. The execution, delivery and performance of, and the performance of your
obligations under, these Terms have been duly authorized by all necessary action on the part
of you and, if you are an entity, such entity’s board of directors or comparable authority(ies),
and no other proceedings on your part are necessary to authorize the execution, delivery or
performance of your obligations under these Terms by you.
● Due Execution. These Terms constitute your legal, valid and binding obligation, enforceable
against you in accordance with these Terms.
● Accuracy of Background Check Information. All information provided to Banana and/or
its third-party designees, including its address and social security number or tax ID number, is
accurate and complete. None of: (i) you; (ii) any of your affiliates; (iii) any other person
having a beneficial interest in you; or (iv) any person for whom you are acting as agent or
nominee in connection with these Terms is: (A) a country, territory, entity or individual
named on an OFAC list as provided at http://www.treas.gov/ofac, or a Person or entity
prohibited under the OFAC programs, regardless of whether or not they appear on the OFAC
list; or (B) a senior foreign political figure, or any immediate family member or close
associate of a senior foreign political figure.
● Non-Contravention. These Terms do not, and the performance of your obligations under these
Terms and your Minting, listing, buying, or selling of any Items, as applicable to your use of
the Service, will not: (i) if you are an entity, conflict with or violate any of the charter
documents of such entity or any resolution adopted by its equity holders or other persons
having governance authority over the entity; (ii) contravene, conflict with or violate any right
of any third party or any applicable legal requirement to which you or any of the assets
owned or used by you, is subject; or (iii) result in any breach of or constitute a default (or an
event that with notice or lapse of time or both would become a default) under any material
contract or agreement to which you are a party, permit held by you or legal requirement
applicable to you.
● Independent Investigation and Non-Reliance. You are sophisticated, experienced and
knowledgeable in the Minting, listing, buying, or selling of any Items, as applicable.
Additionally, you have conducted an independent investigation of the Service and the matters
contemplated by these Terms, have formed your own independent judgment regarding the
benefits and risks of and necessary and desirable practices regarding the foregoing, and, in
making the determination to Mint, list, buy, or sell any Items using the Service, you have
relied solely on the results of such investigation and such independent judgement. Without
limiting the generality of the foregoing, you understand, acknowledge and agree that the legal
requirements pertaining to blockchain technologies and digital assets generally, including the
Items, are uncertain, and you have conducted an independent investigation of such potentially
applicable legal requirements and the resulting risks and uncertainties, including the risk that
one or more governmental entities or other persons may assert that any digital assets or
cryptographic tokens (including the Items) may constitute securities under applicable legal
requirements. You hereby irrevocably disclaim and disavow reliance upon any statements or
representations made by or on behalf of, or information made available by, Banana, in
determining to enter into these Terms, Mint, list, buy, or sell any Items or use the Service.
● Litigation. There is no legal proceeding pending that relates to your activities relating to the
Minting of Items or other token- or digital asset- trading or blockchain technology related
activities.
● Compliance. You have not failed to comply with, and have not violated, any applicable legal
requirement relating to any blockchain technologies, token trading activities or Minting
Items. No investigation or review by any governmental entity is pending or, to your
knowledge, has been threatened against or with respect to you, nor does any government
order or action prohibit you or any of your representatives from engaging in or continuing
any conduct, activity or practice relating to Minting Items.
e. You must provide all equipment and software necessary to connect to the Service. You are solely
responsible for any fees, including Internet connection or mobile fees, that you incur when
accessing the Service.
4. ACCOUNT REGISTRATION
In order to use certain features of the Service you may need to register for an account on the Service
(“Account”). You must be eighteen (18) years old to register for an Account. By creating an Account, you
agree to (i) provide accurate, current, and complete Account information about yourself, (ii) maintain and
promptly update from time to time as necessary your Account information, (iii) maintain the security of
your password and of any device used for multi-factor authentication, and accept all risks of unauthorized
access to your Account and (iv) immediately notify us if you discover or otherwise suspect any
unauthorized access or other security breaches related to the Service or your Account. You may not have
more than one Account, and Banana reserves the right to block multiple Accounts of the same user.
5. MINTING AN ITEM
a. A creator of generative art (“Creator”) may upload a script containing or embodying an algorithm
(each such script, “Creator IP”) to the Blockchain Platform. Users may be able to use the Service
to create or issue (“Mint”) on the Blockchain Platform an Item generated by the Creator IP. By
Minting or purchasing an Item, you agree to comply with any terms, including licenses or
payment rights that are embedded within or otherwise included with any Item that you Mint or
purchase. Banana does not guarantee that Items Minted on the Service will be transferable to
any other platform. You acknowledge and agree that, when you Mint an Item, you do not expect
to receive and do not receive any rights to the algorithm comprising Creator IP.
b. The Creator of any Creator IP may designate at point of upload and Banana will display at the
point of sale

(i) how many Items may be Minted through the Service from each instance of
martianflower.club
Creator IP; (ii) the terms of the license in the Creator IP that is granted to the User who Mints an
Item using such Creator IP or any subsequent owners of such Item; and (iii) any fee payable in
connection with any subsequent sale of an Item generated by Creator IP (each such sale, a
“Secondary Sale,” and such fee, a “Secondary Sale Fee”).
c. The Service is only a marketplace, and Banana is not and shall not be a party to any
transaction or dispute between any Creator of Creator IP and any Minter or subsequent owner of
an Item generated by that Creator’s Creator IP, whether arising from any rights granted in that
Item or otherwise.
6. PRICING AND FEES; PAYMENTS
a. All pricing and payment terms for Items are as indicated at point of sale or otherwise on the
Service, and any payment obligations you incur are binding at the time of purchase. You may not
substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which
you have contracted to pay at the time of purchase. For clarity, no fluctuation in the value of any
currency, whether cryptocurrency or otherwise, shall impact or excuse your obligations with
respect to any purchase.
b. When you Mint an Item, you agree that you have read, understand, and agree to be bound by any
terms and conditions applicable to the Secondary Sale of that Item, including any Secondary Sale
Fee (regardless of whether such Secondary Sale Fee is enforced or supported by the third-party
platform or marketplace that facilitates a Secondary Sale). You further agree that you will bind
any subsequent purchaser of the Item to such Secondary Sale terms and conditions.
c. Banana may add or change any payment processing services at any time. Such services may
be subject to additional terms or conditions. Whether a particular cryptocurrency is accepted as a
payment method by Banana is subject to change at any time in Banana’sole discretion.
7. CONSENT TO ELECTRONIC COMMUNICATION
By providing Banana with your email address or by using the Service to Mint, purchase, list, or sell an
Item, you consent to receive electronic communications from Banana (e.g., via email or by posting
notices to the Service). These communications may include notices about your use of the Service (e.g.,
transactional information) and are part of your relationship with us. You agree that any notices,
agreements, disclosures or other communications that we send to you electronically will satisfy any legal
communication requirements, including, but not limited to, that such communications be in writing. You
should maintain copies of electronic communications from us by printing a paper copy or saving an
electronic copy. We have no obligation to store for your later use or access any such electronic
communications that we make to you. We may also send you promotional communications via email,
including, but not limited to, newsletters, special offers, surveys and other news and information we think
will be of interest to you. You may opt out of receiving these promotional emails at any time by following
the unsubscribe instructions provided therein.

8. OWNERSHIP
https://martianflower.club/DMCA
a. Unless otherwise indicated in writing by us, the Service and all content and other materials
contained therein, including, without limitation, the Banana logo and all designs, text,
graphics, pictures, information, data, software, sound files, other files and the selection and
arrangement thereof (collectively, “Content”) are the proprietary property of Banana or our
affiliates, licensors or Users, as applicable.
b. Notwithstanding anything to the contrary in these Terms, the Service and Content may include
software components provided by Banana or its affiliates or a third party that are subject to
separate license terms, in which case those license terms will govern such software components.
c. The Banana logo and any Banana product or service names, logos or slogans that may
appear on the Service are trademarks of Banana or our affiliates and may not be copied,
imitated or used, in whole or in part, without our prior written permission. You may not use any
metatags or other “hidden text” utilizing “Banana,” or any other name, trademark or product
or service name of Banana or our affiliates without our prior written permission. In addition,
the look and feel of the Service and Content, including, without limitation, all page headers,
custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of
Banana and may not be copied, imitated or used, in whole or in part, without our prior written
permission. All other trademarks, registered trademarks, product names and other names or logos
mentioned on the Service 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 trademark holder.
Reference to any products, services, processes or other information by name, trademark,
manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or
recommendation by Banana.
9. LICENSE TO OUR SERVICE AND CONTENT
a. You are hereby granted a limited, revocable, nonexclusive, nontransferable, non-assignable,
non-sublicensable, “as-is” license to access and use the Service and Content for your own
personal, non-commercial use; provided, however, that such license is subject to these Terms and
does not include any right to (i) sell, resell, or use commercially the Service or Content, (ii)
distribute, publicly perform, or publicly display any Content, (iii) modify or otherwise make any
derivative uses of the Service or Content, or any portion thereof, (iv) use any data mining, robots,
or similar data gathering or extraction methods, (v) download (other than page caching) any
portion of the Service or Content, except as expressly permitted by us, and (vi) use the Service or
Content other than for their intended purposes. This license is subject to your compliance with the
Acceptable Use Policy set forth in Section 12 below.
b. You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the
Service for noncommercial purposes, provided that such link does not portray Banana or our
affiliates or any of our Services, Content, products or services in a false, misleading, derogatory
or otherwise defamatory manner, and provided further that the linking site does not contain any
adult or illegal material or any material that is offensive, harassing or otherwise objectionable in
Banana’ sole discretion. This limited right may be revoked at any time. You may not use a
logo or other proprietary graphic of Banana to link to the Service or Content without our
express written permission. Further, you may not use, frame or utilize framing techniques to
enclose any Banana trademark, logo or other proprietary information, including the images
found on the Service, the content of any text or the layout or design of any page, or form
contained on a page, on the Service without our express written consent.
c. Banana may from time-to-time change or discontinue any or all aspects or features of the
Service, including by (i) altering the smart contracts which are included in the Blockchain
Platform pursuant to upgrades, forks, security incident responses or chain migrations, (ii)
deactivating or deleting User Content that Banana in its sole discretion determines has been
abandoned; or (iii) repossessing any Items Banana in its sole discretion determines have been
abandoned. In such events, you may no longer be able to access, interact with or, read the data
from the Service.
10. USER CONTENT
Certain Content may be made available by a User on or through the Service (“User Content”). If you
choose to make User Content available on or through the Service, you hereby grant Banana a fully
paid, royalty-free, worldwide, non-exclusive right (including any moral rights) and license to use,
sublicense, distribute, reproduce, modify, adapt, and display, such User Content (in whole or in part)
for the purposes of (i) providing the Service, including making User Content available to other Users
in accordance with your elections on the Service; and (ii) improving the Service. You also hereby
grant each other User of the Service a non-exclusive license to access your User Content through the
Service, and to use, reproduce, distribute, display and perform such User Content solely as permitted
through the functionality of the Service and under these Terms. You are solely responsible for any
User Content you provide. You represent and warrant that you have, or have obtained, all rights,
licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for
any User Content that you submit, post or display on or through the Service. You agree that such User
Content 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 the licenses
described above. We take no responsibility for the User Content posted or listed via the Service,
although we reserve the right to remove any User Content that is in violation of these Terms.
11. THIRD-PARTY SERVICES; THIRD-PARTY TERMS
a. The Service may contain links to third-party properties (“Third-Party Properties”) and
applications (“Third-Party Applications”). When you click on a link to a Third-Party Property or
Third-Party Application, you are subject to the terms and conditions (including privacy policies)
of another property or application. Such Third-Party Properties and Third-Party Applications and
are not under the control of Banana. Banana is not responsible for any Third-Party
Properties or Third-Party Applications. Banana provides links to these Third-Party Properties
and Third-Party Applications only as a convenience and does not review, approve, monitor,
endorse, warrant, or make any representations with respect to Third-Party Properties or
Third-Party Applications, or their products or services. You use all links in Third-Party
Properties, and Third-Party Applications at your own risk. When you leave our Service, our
Terms and policies no longer govern. You should review all applicable agreements and policies,
including privacy and data gathering practices, of any Third-Party Properties or Third-Party
Applications, and should make whatever investigation you feel necessary or appropriate before
proceeding with any transaction with any third party.
b. The Service and Content may include components, including software components, that are
provided by a third party and that are subject to separate license terms, in which case those
license terms will govern your access to and use of such components. For example, when you
click to get more details about an Item, you may see a link to the Third-Party Property from
which such Item originated. Our Service and/or any Third-Party Property may include terms
governing the use of such Item, including license terms. In the event you purchase such Item
through our marketplace, you are required to comply with the terms that govern such Item, which
may be different from these Terms.
12. ACCEPTABLE USE POLICY
You agree that you are solely responsible for your conduct while participating in the purchase or sale
of Items or otherwise accessing or using the Service. You agree that you will abide by these Terms
and will not:
a. Provide false or misleading information to Banana;
b. Use or attempt to use another User’s linked Digital Wallet without authorization from such
User and Banana;
c. Create or list counterfeit Items;
d. Pose as another person;
e. Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit
other Users from fully enjoying the Service, or that could damage, disable, overburden or
impair the functioning of the Service in any manner;
f. Develop, utilize, or disseminate any software, or interact with any API in any manner, that
could damage, harm, or impair the Service;
g. Reverse engineer any aspect of the Service, or do anything that might discover source code or
bypass or circumvent measures employed to prevent or limit access to any service, area, or
code of the Service;
h. Attempt to circumvent any content-filtering techniques we employ, or attempt to access any
feature or area of the Service that you are not authorized to access;
i. Use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other
automated means or interface not authorized by us to access the Service, extract data or
otherwise interfere with or modify the rendering of Service pages or functionality;
j. Collect or harvest data from our Service that would allow you to contact individuals,
companies, or other persons or entities, or use any such data to contact such entities;
k. Use data collected from our Service for any direct marketing activity (including without
limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
l. Bypass or ignore instructions that control all automated access to the Service;
m. Use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote
any activity that violates any applicable law or these Terms;
n. Use the Blockchain Platform to carry out any illegal activities in connection with or in any
way related to your access to and use of the Service, including but not limited to money
laundering, terrorist financing or deliberately engaging in activities designed to adversely
affect the performance of the Blockchain Platform, or the Service;
o. Engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump
trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities,
including:
● trading an Item at successively lower or higher prices for the purpose of creating
or inducing a false, misleading or artificial appearance of activity in such Item,
unduly or improperly influencing the market price for such Item trading on the
Service or establishing a price which does not reflect the true state of the market
in such Item;
● for the purpose of creating or inducing a false or misleading appearance of
activity in an Item or creating or inducing a false or misleading appearance with
respect to the market in an Item: (A) executing or causing the execution of any
transaction in an Item which involves no material change in the beneficial
ownership thereof; or (B) entering any order for the purchase or sale of an Item
with the knowledge that an order of substantially the same size, and at
substantially the same price, for the sale of such Item, has been or will be entered
by or for the same or different parties; or
● participating in, facilitating, assisting or knowingly transacting with any pool,
syndicate or joint account organized for the purpose of unfairly or deceptively
influencing the market price of an Item;
p. Use the Service to carry out any financial activities subject to registration or licensing,
including but not limited to using the Service to transact in securities, commodities futures,
trading of commodities on a leveraged, margined or financed basis, binary options (including
prediction-market transactions), real estate or real estate leases, equipment leases, debt
financings, equity financings or other similar transactions;
q. Use the Service to participate in fundraising for a business, protocol, or platform, including
but not limited to creating, listing, or buying assets that (i) are redeemable for financial
instruments, (ii) give owners rights to participate in an ICO or any securities offering, or (iii)
entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking
bonuses, and burn discounts; or
r. Mint an Item or Items with the expectation of receiving a particular element, configuration,
aspect, or other feature of such Item, or otherwise Mint an Item in an attempt to secure or
with the expectation of receiving added or enhanced value due to such element,
configuration, aspect, or other feature of that Item.
13. LISTING GUIDELINES
a. Banana has the right, but not the obligation, to remove any listing at any time. Banana
exercises its sole judgment in allowing or disallowing certain assets, listings, smart contracts, and
collections.
b. Items, listings, smart contracts, collections, and other User Content that Banana in its sole
discretion deems inappropriate, disruptive, or illegal are prohibited on the Service. Banana
reserves the right, but not the obligation, to determine the appropriateness of listings on its site
and remove any User Content, including any listing, at any time. If you create or offer an Item,
listing, smart contract, or collection in violation of these policies, we reserve the right to take
corrective actions, as appropriate, including but not limited to removing the asset, listing, smart
contract, or collection, deleting your User Content, recouping any payments that have been made
to you for such Item, and permanently withholding any other payments due and owed to you. Art
Blocks reserves the right to destroy inappropriate or illegal metadata stored on our servers.
c. The following User Content is prohibited on the Service, whether included in or made available
in or through Items, listings, smart contracts, or collections that include metadata, or otherwise:
● Content that violates international or United States intellectual property laws;
● Content that promotes suicide or self-harm, incites hate or violence against others, degrades
or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise
illegal in the United States;
● Content with a primary or substantial purpose in a game or application that violates
international or United States intellectual property laws, promotes suicide or self-harm,
incites hate or violence against others, degrades or doxes another individual, depicts minors
in sexually suggestive situations, or is otherwise illegal in the United States;
● Content created or used primarily or substantially for the purpose of raising funds for known
terrorist organizations (as listed on https://www.state.gov/foreign-terrorist-organizations/ or as
may be determined by Banana from time to time in its sole discretion);
● Content that, as determined in our sole and absolute discretion, is NSFW, and other Content
that is intended to be age-restricted. Item names, listings and their descriptions, smart contract
names, and collections including profanity or overtly sexual Content are prohibited. A smart
contract that contains NSFW Content is subject to being marked NSFW, even if the NSFW
Content only represents a portion of the Content on the smart contract;
● Content that includes stolen assets, assets taken without authorization, and otherwise illegally
obtained assets, all including but not limited to Items. Listing illegally obtained Items may
result in your listings being cancelled, your Items being hidden, or your access to the Service
being suspended If you have reason to believe that an asset listed on the Service was illegally
obtained, please contact us immediately; and
● Content that is illegal or offensive, or Content that includes or uses profanity or graphic
language.
If you become aware of the creation, listing, or buying of assets in violation of any of the terms
specified in this section, please contact us at info@martianflower.club to report it.
2. COPYRIGHT
Banana retains the absolute right to terminate access to the Service for and remove the User
Content of any User who violates or infringes the rights of ours or of any third party. Without limiting
the foregoing, if you believe that your intellectual property has been used on the Service in a way that
constitutes infringement, please provide our Copyright Agent with the following information:
● an electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright interest;
● a description of the copyrighted work that you claim has been infringed;
● a description of the location on the Service of the material that you claim is infringing;
● your address, telephone number and e-mail address;
● a written statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent or the law; and
● a statement by you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on the copyright owner’s
behalf.
Contact information for Banana’ Copyright Agent for notice of claims of copyright infringement
is as follows: Adam Chase, Cooley LLP, 1299 Pennsylvania Ave, NW, Suite 700, Washington, DC
20004.

3. INVESTIGATIONS
If Banana becomes aware of any possible violations by you of these Terms, Banana reserves
the right to investigate such violations. If, as a result of the investigation, Banana believes that
criminal activity may have occurred, Banana reserves the right to refer the matter to, and to
cooperate with, any and all applicable legal authorities. Banana is entitled, except to the extent
prohibited by applicable law, to disclose any information or materials on or in the Service, including
User Content, in Banana’ possession in connection with your use of the Service, to (i) comply
with applicable laws, legal process or governmental request; (ii) enforce these Terms, (iii) respond to
any claims that User Content violates the rights of third parties, (iv) respond to your requests for
customer service, or (v) protect the rights, property or personal safety of Banana, its Users, or the
public, and all law enforcement or other government officials, as Banana in its sole discretion
believes to be necessary or appropriate. By agreeing to these Terms, you hereby provide your
irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of
privacy concerning your use of the Service, including without limitation text, voice, or video
communications.
4. RELEASE
You hereby release and forever discharge Banana and our officers, employees, agents, successors,
and assigns (the “Banana Entities”) from, and hereby waive and relinquish, each and every past,
present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of
https://martianflower.club/DMCA
action of every kind and nature (including personal injuries, death, and property damage), that has
arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service
(including any interactions with, or act or omission of, other Users of the Service or any Third-Party
Properties). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA
CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR.”
5. ASSUMPTION OF RISK RELATED TO ITEMS
You acknowledge and agree that:
a. The prices of digital assets are extremely volatile. Fluctuations in the price of other digital assets
could materially and adversely affect the Items, which may also be subject to significant price
volatility. We cannot and do not guarantee that any purchasers of Items will not lose money.
b. You are solely responsible for determining what, if any, taxes apply to your transactions involving
Items. Neither Banana nor any other Banana Entity is responsible for determining the taxes
that may apply to transactions involving Items.
c. Items exist and can be transferred only by virtue of the ownership record maintained on the
blockchain supporting such Items.
d. There are risks associated with using digital currency and digital assets, including but not limited
to, the risk of hardware, software and Internet connections, the risk of malicious software
introduction, and the risk that third parties may obtain unauthorized access to your information.
e. The legal and regulatory regime governing blockchain technologies, cryptocurrencies, and tokens
is uncertain, and new regulations or policies may materially adversely affect the development of
the Service and the utility of Items.
f. There are risks associated with purchasing user-generated Content, including but not limited to,
the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata
decay, assets on smart contracts with bugs, and assets that may become untransferable.
g. Banana reserves the right to hide collections, contracts, and assets that Banana suspects or
believes may violate these Terms. Items you purchase may become inaccessible on the Service.
Under no circumstances shall the inability to access or view your assets on the Service serve as
grounds for a claim against Banana.
h. Banana has no responsibility for the Items Minted, sold, bought or traded on the Service. Art
Blocks does not investigate and cannot guarantee or warrant the authenticity, originality,
uniqueness, marketability, legality or value of any Item created or traded on the Service. For the
avoidance of doubt, Banana shall have no responsibility for any failure of any User to comply
with any terms regarding the authenticity, originality, uniqueness, scarcity or other description or
characteristics of the Item or Creator IP furnished by or on behalf of that User and displayed by
Banana on the Service.
6. INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless
Banana and the Banana Entities from and against all actual or alleged third party claims,
damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses
(including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation,
court costs, costs of settlement, and costs of or associated with pursuing indemnification and
insurance), of every kind and nature whatsoever arising out of or related to these Terms or your use of
the Service, 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 Service, User Content or Items, including, without
limitation, any act or omission involving any third party in connection with the Minting, listing,
buying, selling, or trading of any Items hereunder; (b) any feedback you provide; (c) your violation of
these Terms; (d) your violation of the rights of any third party, including another User; (e) any breach
or non-performance of any covenant or agreement made by you; (f) your User Content or the
Minting, listing, buying, selling, or trading of any Items; or (g) any off-chain benefits (including the
furnishing, or any failure to furnish, or any acts or omissions of or attributable to you or any third
party in respect of the same). You agree to promptly notify Banana of any third-party Claims and
cooperate with the Banana Entities in defending such Claims. You further agree that the Art
Blocks Entities shall have control of the defense or settlement of any third-party Claims. THIS
INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET
FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND Banana.
7. DISCLAIMERS
THE SERVICE, CONTENT CONTAINED THEREIN, AND ITEMS LISTED THEREIN ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. Banana (AND ITS
SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR
REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR
SAFE. Banana DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT AS TO THE SERVICE OR ANY CONTENT CONTAINED
THEREIN. Banana DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE
SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE WILL
NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN
IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE
Banana ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND
CONTENT SAFE, Banana CANNOT AND DOES NOT REPRESENT OR WARRANT
THAT THE SERVICE, CONTENT, OR ANY ITEMS LISTED ON OUR SERVICE OR OUR
SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT
GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU
ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND
DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR
ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU SUSTAIN
AS A RESULT OF YOUR USE OF THE SERVICE. WE TAKE NO RESPONSIBILITY FOR, AND
WILL NOT BE LIABLE TO YOU FOR, ANY USE OF ITEMS, INCLUDING BUT NOT LIMITED
TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS
FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR
MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED
DIGITAL WALLET FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (V) ANY
UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE
USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST
THE SERVICE OR ITEMS.
ITEMS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE
OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN NETWORK. ANY TRANSFER
OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE
DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN PLATFORM. WE DO NOT
GUARANTEE THAT Banana OR ANY Banana ENTITY CAN EFFECT THE
TRANSFER OF TITLE OR RIGHT IN ANY ITEMS. WE CANNOT AND DO NOT GUARANTEE
THAT ANY ITEM WILL HAVE OR RETAIN ANY INHERENT VALUE, OR THAT YOU WILL
BE ABLE TO SELL OR RESELL ANY ITEM PURCHASED THROUGH THE SERVICE.
Banana is not responsible for any losses or harms sustained by you due to vulnerability or any
kind of failure, abnormal behavior of software (e.g., smart contract), blockchains, or any other
features of or inherent to the Items. Banana is not responsible for casualties due to developers’ or
representatives’ delay or failure to report any issues with any blockchain supporting Items, including
without limitation forks, technical node issues, or any other issues that result in losses of any sort.
Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury
caused by negligence, violation of laws, or any other activity that cannot be limited or excluded under
the laws applicable to your jurisdiction. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
1. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Banana 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, THE SERVICE, ANY ITEMS, 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 TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR
OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF Banana HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS
UNDERTAKEN BY YOU 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.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO
EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF Banana ARISING OUT
OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCESS TO AND USE OF THE
SERVICE, CONTENT (INCLUDING YOUR CONTENT), OR ANY ITEMS MINTED,
PURCHASED, OR SOLD THROUGH THE SERVICE EXCEED THE GREATER OF (A) $100 OR
(B) THE AMOUNT PAID TO Banana BY YOU IN THE TRANSACTION OR INCIDENT
THAT IS THE SUBJECT OF THE CLAIM.
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.
2. DISPUTE RESOLUTION; ARBITRATION.
Dispute Resolution. Please read the arbitration agreement in this Section (“Arbitration Agreement”)
carefully. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS
ACTION WAIVER.
a. Applicability of Arbitration Agreement. You agree that all claims and disputes (excluding claims
for injunctive or other equitable relief as set forth below) in connection with these Terms or the
use of any Service provided by Banana that cannot be resolved informally or in small claims
court shall be resolved by binding arbitration on an individual basis under the terms of this
Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in
English. This Arbitration Agreement applies to you and Banana, and to any subsidiaries,
affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all
authorized or unauthorized users or beneficiaries of services or goods provided under these
Terms.
b. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration,
the party must first send to the other party a written notice describing the nature and basis of the
claim or dispute and the requested relief (“Notice of Dispute”). A Notice of Dispute to Banana
should be sent to: info@martianflower.club.
After the Notice of Dispute is received, you and Art
Blocks may attempt to resolve the claim or dispute informally. If you and Banana do not
resolve the claim or dispute within thirty (30) days after the Notice of Dispute is received, either
party may begin an arbitration proceeding. The amount of any settlement offer made by any party
may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the
award, if any, to which either party is entitled.

info@martianflower.club
c. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association
(“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers
arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree
to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of
the arbitration, including but not limited to the method of initiating and/or demanding arbitration,
except to the extent such rules are in conflict with these Terms. The AAA Consumer Arbitration
Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by
calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral
arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten
Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based
arbitration, at the option of the party seeking relief. For claims or disputes where the total amount
of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing
will be determined by the Arbitration Rules. Any hearing will be held in a location within 100
miles of your residence, unless you reside outside of the United States, and unless the parties
agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable
notice of the date, time and place of any oral hearings. Any judgment on the award rendered by
the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an
award that is greater than the last settlement offer that Banana made to you prior to the
initiation of arbitration, Banana will pay you the greater of the award or $2,500.00. Each party
shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration
and shall pay an equal share of the fees and costs of the ADR Provider.
d. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is
elected, the arbitration shall be conducted by telephone, online and/or based solely on written
submissions; the specific manner shall be chosen by the party initiating the arbitration. The
arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise
agreed by the parties.
e. Time Limits. If you or Banana pursues arbitration, the arbitration action must be initiated
and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and
within any deadline imposed under the AAA Rules for the pertinent claim.
f. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and
liabilities, if any, of you and Banana, and the dispute will not be consolidated with any other
matters or joined with any other cases or parties. The arbitrator shall have exclusive authority to
(i) determine the scope and enforceability of this Arbitration Agreement; and (ii) resolve any
dispute related to the interpretation, applicability, enforceability or formation of this Arbitration
Agreement including, but not limited to, any claim that all or any part of this Arbitration
Agreement is void or voidable; and shall also have the authority to grant motions dispositive of
all or part of any claim. The exceptions to the preceding sentence are (1) all disputes arising out
of or relating to the class action waiver, including any claim that all or part of the class action
waiver is unenforceable, illegal, void or voidable, or such class action waiver has been breached,
shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) all disputes
arising out of or relating to the payment of arbitration fees shall be decided only by a court of
competent jurisdiction and not by an arbitrator; and (3) all disputes arising out of or relating to
whether either party has satisfied any condition precedent to arbitration shall be decided only by a
court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to
award monetary damages, and to grant any non-monetary remedy or relief available to an
individual under applicable law, the AAA Rules, and these Terms. The arbitrator shall issue a
written award and statement of decision describing the essential findings and conclusions on
which the award is based, including the calculation of any damages awarded. The arbitrator has
the same authority to award relief on an individual basis that a judge in a court of law would
have. The award of the arbitrator is final and binding upon you and Banana. Any judgment on
the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
g. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND
STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE
OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under
this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and
less costly than rules applicable in a court and are subject to very limited review by a court. In the
event any litigation should arise between you and Banana in any state or federal court in a suit
to vacate or enforce an arbitration award or otherwise, YOU AND Banana WAIVE ALL
RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
h. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE
SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED
ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE
THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY
OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision
is issued stating that applicable law precludes enforcement of any of this subsection’s limitations
as to a given claim for relief, then the claim must be severed from the arbitration and brought into
the federal or state court located in Delaware. All other claims shall be arbitrated.
i. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of
the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to
maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a
party from submitting to a court of law any information necessary to enforce this Agreement, to
enforce an arbitration award, or to seek injunctive or equitable relief.
j. Severability. If any part or parts of this Arbitration Agreement are found under the law to be
invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall
be of no force and effect and shall be severed and the remainder of the Arbitration Agreement
shall continue in full force and effect.
k. Right to Opt Out. You have the right to opt out of this Arbitration Agreement by sending written
notice of your decision to opt out to: info@martianflower.club

. Such notice must be given within 30
days after first becoming subject to a version of these Terms containing an arbitration provision.
Your notice must include your name and address, the email address you used to interact with the
Service, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If
you opt out of arbitration, all other parts of these Terms will continue to apply to you. Opting out
of arbitration has no effect on any other arbitration agreements that you may currently have, or
may enter into in the future, with us.
l. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement
may be waived by the party against whom the claim is asserted. Such waiver shall not waive or
affect any other portion of this Arbitration Agreement.

info@martianflower.club
m. Survival of Agreement. This Arbitration Agreement will survive the termination of your
relationship with Banana.
n. Small Claims Court. Notwithstanding the foregoing, either you or Banana may bring an
individual action in small claims court.
o. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency
equitable relief before a state or federal court in order to maintain the status quo pending
arbitration. A request for interim measures shall not be deemed a waiver of any other rights or
obligations under this Arbitration Agreement.
p. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation,
violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the
other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration
Agreement.
q. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to
litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts
located within Houston, Texas for such purpose.
22. GENERAL
We reserve the right in our sole discretion to modify, suspend, or discontinue the Service, or any
features or parts thereof, whether temporarily or permanently, at any time with or without notice to
you in our sole discretion. These Terms, and your access to and use of the Service, shall be governed
by and construed and enforced in accordance with the laws of the State of Texas, without regard to
any conflict of law rules or principles that would cause the application of the laws of any other
jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in
small claims court, shall be resolved in the state or federal courts of Houston, Texas. Notwithstanding
anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to
terminate your right to access or use the Service at any time and for any or no reason, and you
acknowledge and agree that we shall have no liability or obligation to you in such event and that you
will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent
permitted by applicable law. If any term, clause or provision of these Terms is held invalid or
unenforceable, then that term, clause or provision will be severable from these Terms and will not
affect the validity or enforceability of any remaining part of that term, clause or provision, or any
other term, clause or provision of these Terms. Your relationship to Banana is that of an
independent contractor, and neither party is an agent or partner of the other. These Terms, and any
rights and licenses granted hereunder, may not be transferred or assigned by you without the prior
written consent of Banana. Banana’ failure to assert any right or provision under these Terms
shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these
Terms are intended solely for the benefit of Banana and you and are not intended to confer third
party beneficiary rights upon any other person or entity.
23. CONTACT INFORMATION
Banana, private person
℅ legal notices
[address see imprint]
info@martianflower.club

Contact information