Terms & Conditions
Top G Merchandise Terms & Conditions
Welcome to Cobra Tate
These terms and conditions outline the rules and regulations for the use of Cobra Tate’s Website.
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Cobra Tate’s website
if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice
and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website
and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers
to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client
or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake
the process of our assistance to the Client in the most appropriate manner, whether by formal meetings
of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect
of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law
of . Any use of the above terminology or other words in the singular, plural,
capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Most of the modern day interactive web sites
to enable the functionality of this area and ease of use for those people visiting. Some of our
Unless otherwise stated, Cobra Tate and/or it’s licensors own the intellectual property rights for
all material on Cobra Tate. All intellectual property rights are reserved. You may view and/or print
pages from https://www.cobratate.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from https://www.cobratate.com
- Sell, rent or sub-license material from https://www.cobratate.com
- Reproduce, duplicate or copy material from https://www.cobratate.com
Redistribute content from Cobra Tate (unless content is specifically made for redistribution).
Hyperlinking to our Content
- The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same
manner as they hyperlink to the Web sites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls,
and charity fundraising groups which may not hyperlink to our Web site.
- These organizations may link to our home page, to publications or to other Web site information so long
as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or
approval of the linking party and its products or services; and (c) fits within the context of the linking
- We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American
Automobile Association, AARP and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect
unfavorably on us or our accredited businesses (for example, trade associations or other organizations
representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed
to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from
the visibility associated with the hyperlink outweighs the absence of link is in the context of general resource information or is otherwise consistent with editorial content
in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as
the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval
of the linking party and it products or services; and (c) fits within the context of the linking party’s
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website,
you must notify us by sending an e-mail to [email protected].
Please include your name, your organization name, contact information (such as a phone number and/or e-mail
address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site,
and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the
context and format of content on the linking party’s site.
No use of Cobra Tate’s logo or other artwork will be allowed for linking absent a trademark license
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular
link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also
reserve the right to amend these terms and conditions and its linking policy at any time. By continuing
to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact
us about this. We will consider requests to remove links but will have no obligation to do so or to respond
directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness
or accuracy; nor do we commit to ensuring that the website remains available or that the material on the
website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify
and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any
page on your Web site or within any context containing content or materials that may be interpreted as
libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or
other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)
are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or
in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge,
we will not be liable for any loss or damage of any nature.
Top G NFT Terms & Conditions
Terms and Conditions:
- These Terms and Conditions (‘T&C’) govern your use of TOPG NFT GALLERY (‘Website’) and Non-Fungible Tokens (‘NFT(s)’) as available on the Website. Services available on the Website include, but are not limited to the sale, free minting and distribution, of NFTs. These T&C are also applicable to the TOPG Exclusive Collectors Community which is considered a part of the Website.
- NFTs are ERC-1155 based Non-fungible Tokens based on a smart contract on the Ethereum blockchain. They are being made available by the Company through a free minting process on the Website on a voluntary, “as-is” and “as available” basis. It is not a service of any kind and you should not rely on the Company to assist you to evaluate NFTs, assessing their fitness for any purpose or complying with any requirements. You assume all risks arising from any transactions linked to the NFTs and/or the Website. The Company is not liable for any claim, damages or other liability, whether in contract, tort or under any other theory of liability, arising from, out of or in connection with the NFTs/Website.
- ‘You’ or ‘User’ in this document refers to a user of the NFT(s)/Website or any person who accesses the Website. ‘We’ or any of its forms refers to the Company and/or the Website as the situation dictates. If required for the purposes of formation of a contract, the User and the Company agree that both the parties have provided sufficient consideration for entering into a contract by agreeing to these T&C.
- You have to agree with these non-negotiable terms and conditions (‘T&C’) which include ‘Risk Disclosures’ before receiving or using NFTs, or visiting the Website. The T&C will be binding on all persons (natural or legal) who access or use NFTs/the Website, from any jurisdiction across the world where it is legally available for access.
- NFTs or the Website may be prohibited by the local laws of certain countries. You must ensure compliance with all laws applicable to you when receiving, using or accessing the NFTs/Website. Do not agree to receive the NFT through the free mint if you do not agree to any of the T&C. You may lose access to the NFTs and any assets available or stored within it, without any recourse for refund or compensation if: (a) it is discovered that the laws of the countries which apply to You prohibit the use of the NFTs/Website, or (b) if you are incorporated in, or are a resident or a citizen of a Restricted Country, or (c) if you access the NFT/Website from a Restricted Country, or (d) the assets used or collected on the NFT/Website are linked in any manner to any Restricted Country, or (e) the funds used on the NFT/Website are linked to any criminal activities, or in any manner to any violation of United States, European Union or United Nations sanctions. ‘Restricted Country’ means any country or territory which is covered by the United States, European Union or United Nations sanctions.
- We may use Internet Protocol (IP) based block and/or any other available technology to prevent Users from Restricted Countries. You are in violation of the T&C and may be in violation of laws of multiple jurisdictions if you attempt to circumvent such a block.
- Residents or citizens of the USA, and any legal persons established in the USA, are prohibited from accessing the Website and/or obtaining NFTs, whether directly or indirectly. THE NFTs ARE NOT BEING OFFERED OR SOLD, AND MAY NOT BE OFFERED OR SOLD, DIRECTLY OR INDIRECTLY TO ANY US RESIDENTS, CITIZENS OR LEGAL PERSONS ESTABLISHED IN THE USA.
About the NFTs
- The NFTs available for being distributed through a free mint process and every NFT generated and distributed through free NFT mint has zero value or in the alternative 0.0001 EUR (nominal value) and is given as a courtesy in recognition of purchasing merchandise from the TOPG store. The NFT are a collection of unique ERC-1155 tokens stored on the Ethereum Blockchain. Once an NFT has been distributed in recognition of a purchase of a free limited edition merchandise by the User, it will be called as a ‘Distributed NFT’ for the purposes of this T&C. A Distributed NFT is a free promotional item with zero value or in the alternative 0.0001 EUR (nominal value), if required for entering into a Contract by the Company and the User.
- In agreeing to receive an NFT, you represent and warrant that you understand the cryptocurrencies and NFT market, along with associated risks, expenses, and fees. To initiate certain transactions on the Website, a User must voluntarily invoke one or more smart contract operations from an Ethereum Wallet. The smart contracts are configured to facilitate the execution of minting, distribution, sale or transfer of an NFT. The User acknowledges the risk of smart contracts and agrees to be bound by the outcome of any smart contract operation by invoking, calling, requesting, or otherwise engaging with the smart contract, whether or not the smart contract behaves as per the User’s expectations.
- Your ownership of any Distributed NFT is governed by a smart contract on the Ethereum Network, which cannot be reversed or modified in any way whatsoever. The NFT is being distributed for free to promote goodwill and supplies are limited and there is no guarantee if supplies will be provided in the future. No warranties of any nature are provided by the Company of any nature regarding the value, utility, quality or usability of the Distributed NFTs.
- Subject to your continued compliance with the terms of this License, the Company grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for your Distributed NFTs, solely for the following purposes: (i) for your own personal use; (ii) commercial use subject to clause 12 herein below; (iii) as part of a marketplace that permits the purchase and sale of your Distributed NFTs, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the art for their Distributed NFTs to ensure that only the actual owner can display the Art; or (iv) as part of a third party website or application that permits the inclusion, involvement, or participation of your NFTs, provided that the website/application cryptographically verifies each NFT owner’s rights to display the Art for their Distributed NFTs to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Distributed NFT leaves the website/application.
- For the sake of clarity, nothing in Clause 11 will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of NFTs generally, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art for their Distributed NFTs to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of NFTs generally, provided that the third-party website or application cryptographically verifies each NFT owner’s rights to display the Art for their Distributed NFTs to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Distributed NFT leaves the website/application.
- The license granted applies only to the extent that you continue to own the applicable Distributed NFT. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Distributed NFT for any reason, the license granted in Clause 11 will immediately expire with respect to those Distributed NFTs without the requirement of notice, and you will have no further rights in or to the Art for those NFTs.
- There are several risks when receiving the NFTs, or using the NFTs/Website. These risks include inherent risks associated with the use of a blockchain, virtual platform, the decentralized nature of the NFTs, and participating in virtual asset transactions such as those involving NFTs. These risks include, without limitation:
- Partial or total loss of virtual assets;
- Regulatory or judicial action in any country;
- A collapse in liquidity with respect to virtual assets; changes in the compatibility of a virtual asset, changes in the smart contracts;
- Regulatory uncertainty and government action (including judicial action) against NFTs, blockchain technology, and/or virtual assets;
- Extreme volatility;
- Possibility of market misconduct by participants including for example market manipulation, trading based on non-public information, and front running;
- Delays in or complete failure of virtual asset transactions being confirmed;
- Counterparty risk;
- Fluctuations in the value of assets;
- Extinguished value of assets;
- Faults, defects, hacks, exploits, errors or unforeseen circumstances occurring in respect of the platform or the technologies that the NFTs depend on;
- Loss of private keys; and
- Attacks on the platform or the technologies that the NFTs depend on, including for example distributed denial of service, sybil attacks, phishing, social engineering, hacking, smurfing, malware, double spending, majority-mining, consensus-based or other mining attacks, misinformation campaigns, forks, and spoofing;
- Upgrade or change in the Ethereum blockchain, or the technology in general.
- This list of potential risks mentioned in Clause 14 is not exhaustive and is not intended to capture the extent of all possible risks. In the event of any of the above occurring, you may lose your NFTs entirely. You acknowledge and agree that there are risks associated with receiving, purchasing and holding NFTs and using blockchain technology. These include, but are not limited to, risk of losing access to NFT due to loss of private key(s), custodial error or purchaser error, risk of mining or blockchain attacks, risk of hacking and security weaknesses, risk of unfavourable regulatory intervention in one or more jurisdictions, risks related to token taxation, risk of personal information disclosure, risk of uninsured losses, unanticipated risks, and volatility risks. Users should consider all of the above and assess the nature of their activities and their own appetite for relevant risks independently and consult their advisers before making any decisions about purchasing NFTs. USE THE WEBSITE AND DEAL IN NFTs AT YOUR OWN RISK.
- You understand that the NFT(s) will be distributed with blockchains and the Company has no control over gas fees collected by certain blockchains. Users who desire to sell or purchase the Distributed NFTs later will have to bear the cost of Gas for the transaction. Gas fee needs to be paid for every transaction on the blockchain related to an NFT. The Gas fee may vary and the Company exercises no control over the same. You also understand that the Company does not have the ability to reverse blockchain transactions.
- Activities related to NFTs on the Website or any other platform may be risky and the user may lose all of the funds used for transactions related to NFTs or linked to NFTs in any other manner. The Company does not endorse or recommend NFTs. You are requested to conduct your own due diligence before using any funds on the Website and/or dealing in NFTs.
- Users must contact qualified financial advisors and legal professionals before undertaking any investments, and any investments made by you in NFTs are made exclusively at your own risk. We do not accept any liability whether direct or indirect including but limited to any financial losses linked to such investments.
- You are entirely responsible for the safety and management of your own private cryptocurrency wallets and for validating all transactions and contracts generated by this Website before approval. Furthermore, as the smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions. Linking your cryptocurrency wallets to the Website or any address provided by the Company is risky and shall be based on your own sole risk and responsibility. Linking your cryptocurrency wallets to the Website or any address provided by the Company would be considered as an acceptance of these T&Cs and the risk involved.
- The NFTs and/or the Website should not be used for any activity which is considered as illegal under the laws of the United States, Costa Rica, the British Virgin Islands, or your country of incorporation/ residence.
- NFTs/ the Website should not be used in any manner whether directly or indirectly for violation of United States, United Nations or European Union sanctions. If you are found to be in violation of this policy, you may be prosecuted under the laws of any country whose laws have been violated and you will also be required to indemnify the Company, and all our Affiliates and Partners, and all third parties who have been affected by your actions.
- In addition to understanding the risks mentioned in Clause 14 above, by accessing the Website and/or dealing in NFTs, you declare that:
- you are over the age of 18 (eighteen) years;
- you have a sufficient degree of knowledge and experience in the use of NFTs, blockchain technology, financial technology, and cryptocurrencies;
- you have read and agree with the T&C and the ‘Risk Disclosures’ included therein and fully understand the implications of all the provisions of the given documents;
- you understand that you may lose all the assets that you use for dealing in NFTs whether on the Website or any external platform;
- you understand that NFTs may not have any inherent value and the price of the NFTs can reduce or may become zero;
- the value of any NFTs may vary or be diminished completely due to day to fluctuations of their value or any other event which affects them;
- you may be liable for additional payments to the Company or other Users or third parties for your activities on the Website whether or not linked to NFTs;
- you have consulted a qualified attorney and/or other professional to clarify any doubts over the T&C, and the risks and consequences associated with NFTs and/or accessing the Website;
- you are not incorporated in a Restricted Country, or you are not a resident or a citizen of a Restricted Country;
- you will not transfer the NFTs, or assist in the transfer of the NFTs, to any person who is a resident or citizen of a Restricted Country, or to a legal person linked to any Restricted Country.
- This T&C may be available in multiple languages but in case of any discrepancy, only the English version will hold good.
- Continued use of NFTs and/or the Website signifies consent with the T&C in its entirety. If you disagree with any of the provisions of the T&C, you should immediately stop using it.
- Users may provide consent for using the Website and dealing with NFTs, by any method including by signing a document or clicking on any required buttons or through the transmission of an email or by use of any other authentication options provided by the Website, or through any other mode that is required under the law.
Data Collection, KYC and Anti-Fraud and AML measures
- You may be required to provide some or all of the following documents for verifying your identity and other personal information as a part of Know Your Client (KYC), Anti-Money Laundering (AML), and Anti-Fraud measures if required under the law. The documents which you may be required to submit include:
- Passport or Domestic Citizenship Identification Document or equivalent
- Tax Identification or Registration Number (in certain cases document conveying such registration)
- Information on the source of the funds being transferred for the purchase of the Merchandise and/or NFTs
- Proof of Address in the form of Government Issued Documents
- Documents conveying the source of funds used for NFTs
- Any other document sought by law enforcement agencies.
- We may collect Anonymous Information and Personal Information including personally identifiable information for any of the user who accesses or uses the Website, for legal compliance, for promotional purposes and also to prevent any fraud or illegal activity. The documents collected and your personal information may be shared with law enforcement agencies.
- The Users undertake to ensure and declare that:
- No funds used in transactions on the Website and/or for dealing in NFTs, are related to any illegal activity or are proceeds from any criminal activity in any country across the world
- The NFTs and/or the Website will not be used in any manner for money laundering or in violation of any laws
Usage of the Website
- Use and access of the Website are provided at our sole discretion and we have the right to terminate or regulate in any manner the right to access and use the Website for any user at any time without prior notice. In exceptional situations and/or on instructions by competent judicial or law enforcement authorities of any jurisdiction, the regulation of the rights may extend to holds placed on withdrawal of any Funds. The word ‘Funds’ in this document means any cryptocurrency and fiat currency assets.
- The transactions which take place on external platforms are in no way related to the Website. The NFTs/the Website is not marketed as a vehicle for any financial trading or investment and should not be used for these purposes in any manner. NFTs are not an investment vehicle, or security and must not be used for the purpose of investment.
- The Website is in no way linked to any promotion or sale of securities or financial instruments. The information provided on the Website is not an invitation to invest in shares or other securities, or any other products or services, or otherwise deal in these or enter into a contract with the Company. The information provided on the Website or any promotional material of the NFTs/Website should not be relied upon in connection with any investment decision. You should always seek appropriate professional advice in relation to such decisions.
Special Conditions for transactions made on the Website
- Any transaction made by you on the Website for the free minting and distribution, purchase and/or sale of NFTs is not modifiable during the process or after the conclusion.
- Users are required to pay all necessary taxes according to the laws applicable to them for any transactions undertaken by them on the Website. The Company/Website is not responsible for the collection of any taxes to the maximum extent possible under the law. In any exceptional circumstances when the Company is required to deduct taxes or charges under the laws of any country, the Company will seek requisite information from the Users to fulfil such obligation.
- All transactions are conducted on the Website at the sole will, risk and instructions of the User initiating the transaction. The Company has no obligation to compensate or indemnify any User for any losses or presumed loss of profits due to failure or error in any transactions.
- You may decide to stop using the Website/ dealing in NFTs. Before stopping your usage, you may be required to complete all KYC and AML formalities including submission of Personal Information and Documents and also must have completed any pending transactions on the Website.
General Terms of Usage
- All transactions and contracts which may be conducted on the Website, Use of the NFTs/Website and the T&C itself will be governed by the laws of Costa Rica only.
- All disputes regarding transactions which may be conducted on the Website, Use of the NFTs/Website, and the T&C will be resolved exclusively by Courts in San José, Costa Rica only. Users waive all rights for dispute resolution in any other jurisdiction. Users waive their right for any form of group or class proceedings of any type and in any forum.
- Any non-compliance with the provisions of the T&C may mean blocking access to the NFTs/ the Website for the User without any obligation to provide any refunds or compensation.
- Any transactions on the Website or any transactions linked to NFTs are commercial transactions and Users expressly declare that they are not consumers and cannot have access to any special rights available to consumers.
- Use of another person or software bot or a minor is not permitted at any cost and you would be liable for all liabilities arising from these transactions and acts or omissions of the person who acted on behalf of you.
- The Website is only merely an interface which is facilitating the distribution of the NFTs and the actual minting and distribution is being made from a smart contract. The Company and the Website do not claim any control over the smart contract or the Ethereum blockchain where it is based and do not accept any risks arising from any transactions by the User on the blockchain.
- As a User of the NFTs/Website, You understand and agree to the following:
- We and Our Partners and Affiliates have exclusive rights including but not limited to intellectual property rights, ownership and moral rights over all components of the NFTs/Website.
- The NFTs/Website may contain protected intellectual property which belongs to us and/or our partners and affiliates and you have no claim to the same.
- The NFTs/Website may contain licensed protected intellectual property which belongs to a third party and is being used by us and/or our partners and affiliates under a license or similar permission and Users have no claim to the same.
- Although we attempt to provide the highest degree of security and adhere to the latest cyber security guidelines, We cannot guarantee that the NFTs/Website will be malware or Virus free. We request the User(s) to ensure that they check the Website using their own antivirus or antimalware software before using it. We also request Our Users to install and maintain the latest version of the operating system and security software and scan Our Website when accessing it. We will not accept any claims for any losses of any nature from the presence of any malware or virus on the Website and will not indemnify any Users for the same.
- We retain the exclusive ownership and all other applicable rights including intellectual property rights over any content which may be generated by any User through his use of the Website. Even if the User may have inherent claims over such content in some jurisdiction, through the use of the Website, the User has agreed to transfer all such rights without any additional compensation to Us.
- We retain the exclusive right to terminate any license and block any User from using or accessing the NFTs/Website at any time without providing any reason for the same. Users have no right to claim unhindered use of the NFTs/Website.
- We may discontinue the services of the Website at any time at Our sole discretion and Users have no claim to any compensation.
- The T&C and any other related documents issued by Us may be changed at any moment without prior intimation to any User. The User would be provided with an opportunity to accept or decline the changes once they have been made. Access to the Website/NFTs may be frozen, suspended or cancelled if a User does not provide his consent to the modified T&C or any other related documents issued by Us
- In case you click on any advertisement or other link provided on the Website, you may be directed to any external websites. We do not guarantee the safety or authenticity of any of these websites and We do not control them in any manner. Users are requested to take all necessary precautions while accessing them or sharing any information with them.
- You should not be involved in any transaction linked to NFTs or otherwise on the Website which you do not understand completely.
- We do not provide any warranty regarding the suitability of any part or the whole of NFTs/Website and equipment used by Us including computer systems, technology, hardware, networks, and software for a particular purpose and will not indemnify or compensate any User for any losses arising from the use of any of the NFTs/Website.
- Any information provided by Us on the Website, any blogs maintained by Us or newsletters and emails sent by Us is not intended to be financial or investment advice and We do not accept the responsibility for the accuracy or the correctness of the information. We also do not accept any liability for any transactions conducted based on such information.
- Hackers or other malicious groups or organizations may attempt to interfere with the NFTs/Website in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, phishing attacks, smurfing and spoofing (‘Hacking Attack(s)’). Although We make reasonable efforts to secure Our Users against such incidents, We cannot guarantee that Our Users will be protected. We will not accept any claims from any damages or losses arising from Hacking Attacks and will not indemnify Users for losses.
- You may be liable under the law in multiple jurisdictions for any illegal activities conducted in relation to the NFTs/Website, and you will be solely responsible for all consequences of the same. We reserve the right to inform law enforcement agencies and regulatory authorities about any violation of laws and reserve Our right to proceed in terms of law to penalise such offenders and/or to protect Our interests
- We are not liable directly or indirectly whatsoever for any losses to you due to any of the following:
- Any losses attributable to any delays, losses, errors or omissions resulting from the failure or mismanagement of the blockchain, or any computer equipment or software.
- Any loss or damage to data or records maintained by Us or any cryptocurrency blockchain
- Losses caused by Government or regulatory action of any country
- As a User of the NFTs/Website you declare that you will not:
- Violate any intellectual property rights of any party including Us, Our Partners and Affiliates, Our advertisers and any other User.
- Indulge in activities which are prohibited by law in the jurisdictions which govern you and/or where we operate.
- Indulge in any illegal activities prohibited by applicable national or international laws.
- Undertake any scraping, mining, denial of service attack, distributed denial of service attack, hacking or other illegal activities on the NFTs/Website.
- Use the NFTs/Website at any time to illegally spread any software or code.
- Modify the computer hardware or software that you use with the NFTs/Website to transmit misleading or false information about your location, age or any other information that it seeks.
- Disclose any bugs or security issues in the NFTs/Website without disclosing them to Us and providing Us with a 30 (Thirty) day written notice that you intend to disclose it to any other party. The bugs or security issues discovered in the NFTs/Website can at no time be used for any illegal purpose or for gaining an unfair advantage.
- Upload, propagate or distribute any sensitive, potentially racial, criminal, pornographic or illegal content including information protected by intellectual property laws anywhere in the world.
- Disseminate, modify, reassemble, reverse-engineer or Use the NFTs/Website in any manner which may be considered beyond the normal use of the NFTs/Website.
- Use the NFTs/Website and any linked platforms such as blogs or support forums for transmission of any illegal, false, frivolous, defamatory or fake information. We retain the sole right to delete any information from the Website and any linked platforms such as blogs or support forums uploaded by any party at Our sole discretion.
- Use the NFTs/Website to secure any immoral or illegal gains.
- Use the NFTs/Website and any linked platforms to harass, harm or perform illegal activities against other Users, Us or any other third parties.
- We reserve the right to suspend the functioning of any or all of the Website for an indefinite period of time without prior notice in case of the following events:
- When We believe that the Website may not be operated without harm to the interests of the User and/or the Company due to regulatory, economic, military, political or any other circumstances outside Our control which We determine may or already has severely affected Our functioning and/or the functioning of the Website.
- When We in Our opinion are unable to facilitate the functioning of the Website as required
Disclaimer and Indemnity
- Through acceptance of the T&C, you accept to hold us and Our Partners and Affiliates harmless for any physical, mental or financial harm which may be caused by your Use of any of the NFTs/Website.
- Although We try to maintain the highest degree of functionality for the NFTs/Website, there may be scheduled or unscheduled interruptions in service for reasons beyond Our control. We will try to inform you at the earliest about such possible disruptions but may fail under certain circumstances. We do not undertake to honour any claims for losses arising from such disruptions.
- Although we have tried to build a stable Website, it may not perform as expected under certain circumstances. We request you to inform Us immediately about any such situations and stop using the Website immediately till we resolve the problem. We will not be liable to compensate you or any third party for any claims arising from the non-performance or failure of the NFTs/Website.
- Disclaimer of Warranties: YOUR USE OF THE NFTs/WEBSITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, AND WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT.
- LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR RUNNING THE NFTs/WEBSITE WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED FIVE HUNDRED UNITED STATES DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
- You hereby release and forever discharge the Company, their members, managers, subsidiaries, affiliates, licensors, partners in promotions or other business, or any of such parties’ respective agents, employees, officers, directors, managers, members, vendors, third-party licensors, corporate partners, participants successors and assigns (collectively the “Company Parties”) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of 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 Website (including any interactions with, or act or omission of, other Users of the Website or any third party links, advertisements or other content).
- TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “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.” YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT PROVIDED THROUGH THE WEBSITE OR THIRD-PARTY CONTENT LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINK OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS ONLY WILLING TO PROVIDE ACCESS TO THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD COMPANY PARTIES LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY COMPANY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ANY PARTIES RELATED TO IT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
- Certain transactions on the Website, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations through the Website utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky. Users acknowledge and agree that the NFTs may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain (i.e., “forks”), which can adversely affect the smart contracts and may expose you to a risk of a total loss, forfeiture of your digital currency or NFTs, or lost opportunities to buy or sell NFTs. We assume no liability or responsibility for any such smart contract or related failures, risks, or uncertainties.
- Through Use of the NFTs/Website, you agree to hold harmless, defend and indemnify us and all our subsidiaries, affiliates, partners, employees, advertisers, suppliers and all other related parties from and against any third party claim arising from or in any way related to the breach of the T&C, and local or international applicable laws, rules or regulations, in connection with your use or access of the NFTs/Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
- We reserve the right to delete any content which we consider undesirable from our Website, Social Media pages and other forums. We also reserve the right to block any users from our email inboxes, Website, Social Media pages and all other forums for posting content, which we consider undesirable or at our sole discretion without assigning any reason.
- All Communication shall be made with us and will be made by us in English only.
- The User would have the sole responsibility to ensure that he is not in violation of any existing laws or agreements binding on him while conducting any activities or transactions on the Website, or while dealing in the NFTs.
- The T&C will not be interpreted against one party merely as it was drafted by the party.
- Force Majeure: The Company/Website shall not be held responsible for any delay or failure in performance arising out of causes beyond its control or without its fault or negligence. Such causes may include but are not limited to, fires, terrorist acts, strikes, embargoes, diseases, epidemics, pandemics, shortages or supplies of raw materials, components or finished goods, acts of God, or national disasters.
- By using the NFTs/Website, the User accepts that he/she has read and accepted this entire document and is legally permitted and competent to provide consent under the laws of all jurisdictions which cover his or her use of the NFTs/Website.