TERMS & CONDITIONS

  1. These Terms and Conditions (‘T&C’) govern your use of CyberHornetsColony.com (‘Website’) and Non-Fungible Tokens (‘NFT(s)’). Services available on the Website include, but are not limited to a user interface that interacts with the Ethereum Blockchain to help with the sale and purchase of NFTs. The process of facilitating the sale of the NFTs is being undertaken by a partner entity- DEFIED FOUNDATION SOCIEDAD DE RESPONSABILIDAD LIMITADA, a company, registered under the laws of Costa Rica (‘Defied Foundation’). Any purchase of any digital art pieces (NFTs) will be considered to be made and facilitated by the Defied Foundation. Further, any group, DAO, or Company (Company) may be assigned to help maintain the code and/or content of the website at any time.
  2. NFTs are ERC-721 based Non-fungible Tokens based on a smart contract on the Ethereum blockchain. They are being made available for sale on the Ethereum Blockchain with a user interface on this website (as the websites sole function) to simply link the user to the Ethereum Blockchain, 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, assess its fitness for any purpose or comply 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.
  3. ‘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.
  4. You have to agree with these non-negotiable terms and conditions (‘T&C’) which include ‘Risk Disclosures’ before using NFTs/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.
  5. 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 using or accessing the NFTs/Website. To the extent it may be possible to do, 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 are applicable to him prohibit the use of the NFTs/Website, or (b) if you 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 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 United States, European Union or United Nations sanctions.
  6. 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.

Explanation/About the NFTs

  1. The NFTs available for purchase is a collection of 8,888 unique ERC-721 tokens stored on the Ethereum Blockchain. Once an NFT has been purchased, it will be called as a ‘Purchased NFT’ for the purposes of this T&C.
  2. You represent and warrant that you understand the cryptocurrencies, digital art 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. All such transactions on the Website, including sale or purchases of NFTs are initiated though one or more smart contracts at the sole discretion and at the complete risk of the Users. The smart contracts are configured to facilitate the execution of a 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.
  3. Your ownership of any Purchased NFT issued by the Defied Foundation is governed by a smart contract on the Ethereum Network, which cannot be reversed or modified in any way whatsoever. Neither the Company or Defied represent in any way that they will do anything after the sale of the NFT Artwork. 
  4. Subject to your continued compliance with the terms of this License, Defied Foundation grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for your Purchased 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 Purchased NFTs, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the art for their Purchased 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 Purchased 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 purchased NFT leaves the website/application.
  5. Subject to your continued compliance with the terms of this License, Defied Foundation grants you a limited, worldwide, non-exclusive, non-transferable license to use, copy, and display the Art for your Purchased NFTs for the purpose of commercializing your own merchandise that includes, contains, or consists of the Art for your Purchased NFTs (“Commercial Use”). For the sake of clarity, nothing in this section 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 purchased 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 Purchased 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 purchased NFT leaves the website/application.
  6. The license granted applies only to the extent that you continue to own the applicable Purchased NFT. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Purchased NFT for any reason, the license granted in this section will immediately expire with respect to those Purchased NFTs without the requirement of notice, and you will have no further rights in or to the Art for those NFTs.

The Risk Disclosures

  1. There are multiple risks when using the Website and NFTs. These risks include inherent risks associated with the use of any 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:
  1. This list of potential risks mentioned in in this Terms of Service 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 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.
  2. You understand that the NFT(s) will be purchased with Ethereum and the Company and/or Defied Foundation, has no control over gas fees collected by Ethereum miners. Users who desire to purchase NFTs 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 a NFT. The Gas fee may vary and the Company and/or Defied Foundation exercises no control over the same. 
  3. 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.
  4. Users must contact qualified financial advisors and legal professionals before undertaking any purchase, and any purchases made by you in NFTs is 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 purchases. 
  5. You are entirely responsible for the safety and management of your own private Ethereum wallets and 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 whether provided by the Company/Defied Foundation, is risky and shall be based at your own sole risk and responsibility. Linking your cryptocurrency wallets to the Website or any address provided by the Company/Defied Foundation would be considered as an acceptance of these T&C.
  6. 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.
  7. 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, Defied Foundation, and all our Affiliates and Partners, and all third parties who have been affected by your actions.
  8. In addition to understanding the risks mentioned in Clauses above, by accessing the Website and/or dealing in NFTs, you declare that: 
  1. you are over the age of 18 (eighteen) years;
  2. you have a sufficient degree of knowledge and experience in use of NFTs, blockchain technology, financial technology, and cryptocurrencies;
  3. 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;
  4. you understand that you may lose all the assets that you use for dealing in NFTs whether on the Website or on any external platform;
  5. 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;
  6. you may be liable for additional payments to the Company or other Users or third parties for your activities on Website whether or not linked to NFTs;
  7. 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;
  8. 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. 
  1. This T&C may be available in multiple languages but in case of any discrepancy, only the English version will hold good.
  2. 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.
  3. Users may provide consent for using Website and dealing with NFTs, by any method including by signing a document or clicking on any required buttons or through 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 law.

The Data Collection 

  1. We may collect Anonymous Information and Personal Information including personally identifiable information for any of the user who access or uses the Website, 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. 
  2. The Users undertake to ensure and declare that:
  1. 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
  2. The NFTs and/or the Website will not be used in any manner for money laundering or in violation of any laws

The Usage of the Website

  1. Use and access of the Website is 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. 
  2. The transactions which take place in external platforms are in no way related to the Website. The NFTs/the Website are 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 a vehicle for investment, or a security and must not be used for the purpose of investment. 
  3. The Website is in no way linked to any promotion or sale of securities or financial instruments. The information provided in 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 via the Website

  1. Any transaction made by you on the Website for purchase and/or sale of NFTs is not modifiable during the process or after conclusion.
  2. Users are required to pay all necessary taxes according to the laws applicable to them for any transactions undertaken by them on Website. The Company/Website is not responsible for collection of any taxes to the maximum extent possible under 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.
  3. All transactions are conducted on the Website at the sole will, risk and instructions of the User initiating the transaction. The Company/Defied Foundation have no obligation to compensate or indemnify any User for any losses or presumed loss of profits due to failure or error in any transactions. 
  4. You may decide to stop using the Website/ dealing in NFTs. Prior to 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 complete any pending transactions in the Website.

 

General Terms

  1. 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.
  2. 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 Road Town, British Virgin Islands 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. 
  3. 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. 
  4. 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.
  5. 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.
  6. The Website is only merely an interface which is facilitating the sale of the NFTs and the actual purchase 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.
  7. 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. You as the purchaser of an NFT issued on the Ethereum Blockchain cannot be reversed or modified in any way whatsoever. S

  1. 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.
  2. 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.
  3. 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 ensure that the 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 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 in the Website and will not indemnify any Users for the same.
  4. 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 use of the Website, the User has agreed to transfer all such rights without any additional compensation to Us. 
  5. 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.
  6. We may discontinue the services of the Website at any time at Our sole discretion and Users have no claim to any compensation.
  7. 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 with 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
  8. In case you click on any advertisement or other link provided in 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.
  9. You should not be involved in any transaction linked to NFTs or otherwise on the Website which you do not understand completely.
  10. 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, 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.
  11. 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 on the basis of such information. 
  12. 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, phising 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. 
  13. You may be liable under 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
  1. We are not liable directly or indirectly whatsoever for any losses to you due to any of the following:
  1. 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.
  2. Any loss or damage to data or records maintained by Us or any cryptocurrency blockchain
  3. Losses caused by Government or regulatory action of any country
  1. As a User of the NFTs/Website you declare that you will not:
  1. Violate any intellectual property rights of any party including Us, Our Partners and Affiliates, Our advertisers and any other User.
  2. Indulge in activities which are prohibited by law in the jurisdictions which govern you and/or where we operate.
  3. Indulge in any illegal activities prohibited by applicable national or international laws.
  4. Undertake any scraping, mining, denial of service attack, distributed denial of service attack, hacking or other illegal activities on the NFTs/Website.
  5. Use the NFTs/Website at any time to illegally spread any software or code. 
  6. 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.
  7. Disclose any bugs or security issues in the NFTs/Website without disclosing it 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.
  8. Upload, propagate or distribute any sensitive, potentially racial, criminal, pornographic or illegal content including information protected by intellectual property laws anywhere in the world.
  9. 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.
  10. 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.
  11. Use the NFTs/Website to secure any immoral or illegal gains.
  12. Use the NFTs/Website and any linked platforms to harass, harm or perform illegal activities against other Users, Us or any other third parties. 
  1. 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:
  1. 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.
  2. When We in Our opinion are unable to facilitate the functioning of the Website as required

Disclaimer and Indemnity

  1. 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.
  2. 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.
  3. 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.
  4. 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. YOU ACKNOWLEDGE THAT NO PROMISES HAVE BEEN MADE BEYOND ALLOWING YOU A CHANCE TO BUY THE NFT ARTWORK, SHOULD YOU GET AN OPPORTUNITY TO BUY THEM, AND THAT NO OTHER PROMISES, REPRESENTATIONS, WARRANTIES, OR GUARANTEES HAVE BEEN MADE WHAT SO EVER IN REGARD TO ANY OTHER PROMISE BEFORE OR AFTER THE SALE OF SUCH NFT ARTWORK, AND THAT YOU ARE NOT RELYING ON DEFIED FOUNDATION OR COMPANY IN ANY WAY AFTER THE SALE OF SUCH NFTS, AND FURTHER THEY DO NOT AGREE TO PROVIDE ANY SERVICE OR ONGOING SERVICE OR SUPPORT IN ANY WAY WHAT SO EVER. YOU FULLY UNDERSTAND THAT THESE NFTS COULD BE WORTHLESS AND ARE PURCHASING THEM OUT OF ENJOYMENT OF THE ART. IF YOU DO NOT AGREE TO THESE TERMS IN ANY WAY, YOU AGREE NOT TO MAKE THE PURCHASE.
  5. 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.
  6. You hereby release and forever discharge the Defied Foundation and/or 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). 
  7. 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 NONINFRINGEMENT. THE COMPANY AND/OR DEFIED FOUNDATION 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 DEFIED FOUNDATION AND/OR 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 COMPANY AND/OR DEFIED FOUNDATION 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 AND/OR DEFIED FOUNDATION NOR THEIR 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 AND/OR DEFIED FOUNDATION NOR THEIR AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER THE COMPANY AND/OR DEFIED FOUNDATION NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY AND/OR DEFIED FOUNDATION AND THEIR 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 COMPANY AND/OR DEFIED FOUNDATION ARE 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 AND/OR DEFIED FOUNDATION OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE COMPANY AND/OR DEFIED FOUNDATION OR ANY PARTIES RELATED TO THEM 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 COMPANY AND/OR DEFIED FOUNDATION 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).
  8. 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 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.
  9. 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.

Clarifications

  1. 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. 

Other terms

  1. All Communication shall be made with us and will be made by us in English only.
  2. The User would have the sole responsibility to ensure that he is not in violation of any existing agreements binding on him while conducting any activities or transactions on the Website.
  3. The T&C will not be interpreted against one party merely as it was drafted by the party. 
  4. 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, or components or finished goods, acts of God, or national disasters.
  5. 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 laws of all jurisdictions which cover his use of the NFTs/Website.