Terms of Service
These Terms govern your access and use of the Platform and Services. Our Privacy Notice governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). Please read these Terms carefully.
By clicking on the button marked "Agree" you assent to these Terms. We may change these Terms from time to time, and provide notice thereof on the Platform. After such change, you will be required to assent to the amended Terms. If you do not agree to any of these Terms, please do not click the button marked "Agree" and do not use the Services.
"Platform" means – this website. "NFT" or "NFTs" means – certain blockchain based minted tokens used to represent ownership of unique items known as Non-Fungible Tokens. "Terms" means – these Terms of Service. "Services" means – any services provided on or through the Platform, including without limitation, the purchase of any NFT. "Privacy Notice" means – our Privacy Notice. "Company", "us", "our", or "we" – means "You" means an individual accessing the Platform and/or using the Services.
1.1. Subject to these Terms, Company allows you to access and use the Platform and Services on a non-exclusive basis. You can access the Platform and Services in a limited manner without any form of registration, for example for informational purposes; however, purchasing NFTs through the Services are subject to the terms set forth below.
1.2. Use of and access to the Platform and/or Services is void where prohibited by law. You represent and warrant that: (a) all information you submit (as applicable) is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years old, and have the ability to form a binding contract; (d) your use of the Platform and/or Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, and these Terms throughout your use of the Platform and Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you. The right to access the Platform and/or Services is revoked where these Terms or use of the Services is prohibited.
2.1. Terms. Subject to the terms below, you may purchase NFTs offered on the Platform. The NFTs are based on SOLANA blockchain protocol. The project (“Project”) embodies the number of NFTs, price and inventory (if applicable) of each NFT is as displayed on the Platform ("Price"). Company may, at its sole discretion, update NFTs offered on the Platform and/or the prices of any NFT without prior notice, subject to applicable law. Without derogating from the foregoing, you are solely responsible for any tax payments in connection with any purchase made through the Services, where applicable. A roadmap has been presented and available on our website as well as on Discord and the Platform (“Roadmap”).
2.2. Pre-Sale. Certain whitelisted members of our community, identified on the Platform, will be eligible to participate in a limited pre-sale of the NFTs ("Pre-Sale"), pursuant to the terms set forth in Section 2.4 below.
2.3. Public Sale. Following the expiration of the Pre-Sale, you may participate, subject to availability, on a first come – first served basis to the public sale ("Public Sale").
2.4. Purchase. Subject to the terms herein, in order to purchase an NFT, pursuant to the terms of the Pre-Sale or the Public Sale, as applicable, you will be required to transfer the NFT Price to Company’s Wallet, and you will be awarded with the requested NFT ("Purchase" and "Purchased NFT"). In order to Purchase an NFT you will need a third party provided digital wallet which allows you to perform transactions registered over the blockchain ("Wallet"). Your Wallet details will be associated to your account with us. Your use of the Wallet is subject to the third-party Wallet provider's terms and conditions governing use of that third party's service and that third party's Personal Data collection practices. Without derogating from the terms herein, you are solely responsible for the security of your Wallet and all activity associated with it, even if such activities were not committed by you. You represent and warrant that the Wallet belongs to you and is intended for your individual use. To the fullest extent permitted by applicable law, Company will not be liable for any losses or damage arising from unauthorized use of your Wallet, including without limitation, in case you lose access to your wallet. Each Purchased NFT will be subject to perpetual royalty payments to Company for every secondary sale of the Purchased NFT (including to downstream purchasers), subject to the terms herein ("Royalty").
2.5. Right and Title. Upon completion of a Purchase, you will be granted title and full ownership rights of the Purchased NFT, free of any limitations. The Company, the artist of the NFT ("Artist"), and/or their respective licensors or licensees, as the case may be, hereby transfer all copyrights related to the Purchased NFT and underlying Artwork to you. This includes an exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, display, perform, distribute, and create derivative works from the Purchased NFT and the Artwork, for any purpose, whether commercial or non-commercial. You may sell your NFT and transfer ownership of it on any platform or blockchain network, without limitation, subject to the applicable laws and regulations, including without limitation, the Royalty payments and the provisions of Sections 2.6 and 4.
2.6. Compliance. Without derogating from any terms herein, you hereby represent and warrant that you and your use of the NFT (including any secondary sale thereof) will at all times: (i) comply with all applicable laws, including without limitation, in France, the USA and the UK, relating to anti-bribery, anti-money laundering, prohibition on terror financing, Sanctions and Sanctions Lists, export control; and (ii) not conduct or engage in any trade, activities, sales, transactions, business, dealings or provision of services, whether directly or indirectly, in or with any sanctioned country or any individual or entity on or affiliated with an individual or entity on a Sanctions List. "Sanctions" means economic or financial sanctions or trade embargoes or other comprehensive prohibitions against transaction and trade activity pursuant to anti-terrorism laws or export control laws imposed, administered or enforced from time to time by any sanctions authority, including without limitation, the Ministère de l’Economie et des Finances, Her Majesty's Treasury, the Office of Foreign Assets Control of the US Department of the Treasury, the US Department of Commerce, the US Department of State and any other agency of the US government. "Sanctions List" means any of the lists of specifically designated nationals or designated or sanctioned individuals or entities (or equivalent) issued by any competent authority, each as amended, supplemented or substituted from time to time.
3. User Content
3.1. Company allows you to provide certain types of content through the Services, including certain images, voice, documents, comments and/or feedback, and any modifications or derivatives of the foregoing ("User Content").
3.2. COMPANY DOES NOT ENDORSE ANY USER CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY USER CONTENT AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ALL LIABILITY IN CONNECTION WITH USER CONTENT. COMPANY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO COMPANY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.
3.3. Company has no obligation to accept or maintain any User Content. Moreover, Company reserves the right to remove and permanently delete any User Content provided by you without notice if such User Content is suspected to be infringing or in the event of termination of the applicable account. You are and shall remain fully and solely responsible for any User Content that you provide. You represent and warrant that any User Content that you provide complies with applicable law and that you have all necessary rights, licenses, consents, and authorities required to provide such User Content.
3.4. Without imitating the above, you agree that you will not transmit, submit or provide any User Content or act in any way that: (i) violates the legal rights of others; (ii) infringes the intellectual property, moral, publicity, privacy, or other rights of any third party; (iii) is (or you reasonably believe or should reasonably believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity; (iv) does not comply with all applicable laws, rules and regulations; (v) contains material we determine to be offensive, including that which promotes, hate, violence, or discrimination; (vi) constitutes a harassment or threat; (vii) contains obscene material; and/or (viii) contains any virus, worm, trojan horse, or other harmful or disruptive component.
4. Use Restrictions
4.1. Without derogating from additional restrictions and limitation provided in these Terms, you may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Platform, Services or NFTs without our prior written authorization, including framing or mirroring any part of the Platform or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use of any content available through the Platform, Services or any NFT; (3) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or Services; (5) use or access another user's account without permission; (6) use the Platform, any NFT or Services or content thereon in any manner not permitted by these Terms or applicable law, including all applicable export laws and regulations to (re)export the Services and/or any related materials in violation of such laws.
5. Intellectual Property
5.1. Company or its licensors, as the case may be, have all right, title, and interest in the Platform, Services, and any content thereon (excluding User Content), including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content of the Platform or Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the Platform and/or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or the Platform should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Company or any third party. If you provide Company with any feedback regarding the Platform and/or Services, Company may use all such feedback without restriction and shall not be subject to any non- disclosure or non-use obligations in respect of such feedback.
5.2. You have all right, title, and interest in the User Content you provide. By submitting or posting any User Content, you grant Company and its successors and assignees a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, alter, and/or decompile such User Content for the purpose of provision of the Services, improvement of our services and/or products, and/or as detailed in our Privacy Notice.
6. Copyright
6.1. Company's policy is not to infringe upon or violate the intellectual property rights or other rights of any third party. Company will refuse to use and remove any User Content provided that infringes the rights of any third party.
6.2. If you believe that something appearing on the Services infringes your copyright, you may send us a notice requesting that we remove or block access to it. We suggest consulting with your legal advisor before filing a notice. Note that there can be substantial penalties for false claims. Notices and counter-notices can be send to us at our email address.
7. Disclaimers and Disclaimer of Warranty
7.1. All information and content on the Platform is for informational purposes only and Company provides no guarantees with respect thereto. Your use of the Platform and/or Services is at your sole discretion and risk. The Services and content thereon, including nay NFT, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Services will be of good quality or useful for your needs.
7.2. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM AND/OR SERVICES (INCLUDING ANY NFT) OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE PLATFORM AND/OR SERVICES (INCLUDING ANY NFT); (II) THAT THE PLATFORM OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED.