Terms and conditions.
These terms of service (this "Agreement") is a binding contract
between you, an individual or entity user or authorised
representative of such user ("you" or "your") and NonChimpz.com
(“we", "us", "Non-Chimpz" or the "Creators"). By accessing or
using the Website or our services, you agree that you have read,
understood, and are bound by these Terms, as amended from time
to time, and that you comply with the requirements listed
herein. If you do not agree to all of these Terms or comply with
the requirements herein, please do not access or use the
Services.
The Website is a decentralized application and a digital art
platform operating on the Ethereum blockchain. The Website
allows users to generate collectible digital tokens that contain
art (the "Art"). These tokens are ERC-721 tokens, also known as
Non-Fungible Tokens ("NFTs"). The NFTs are generated by users.
Creators do not sell NFTs but provide a decentralized platform
and smart contracts (the "Smart Contract") to create (“to mint”)
the tokens, by paying a reward in cryptocurrency. An NFT is
created by a user sending a transaction out from his wallet to a
smart contract provided by Creators on the Website.
Eligibility to Use the Website.
Users must be 21+ years of age or older to use the Website.
Users Obligations
By using the Website and interacting with the smart contract a
user confirms that he is not a citizen or resident of any
sanctioned countries and is not physically located there.
Restricted territories include the Balkans, Belarus, Burma, Cote
D'Ivoire (Ivory Coast), Crimea, Cuba, Democratic Republic of
Congo, Iran, Iraq, Liberia, North Korea, Sudan, Syria, and
Zimbabwe.
As a user, you hereby confirm that the source of your funds is
legal and you’re not associated with money laundering or any
other illegal activities.
By interacting with the Website and the Smart Contracts and the
NFTs, you as user hereby confirm that you are aware of all risks
associated with blockchain, smart contracts and
cryptocurrencies.
You are hereby totally responsible for all transactions,
blockchain fees, attempts to interact with the smart contract
and any trades.
Users hereby take full responsibility and liability for the
outcome of any transaction they initiate, whether or not the
Smart Contracts, the Website, an NFT marketplace, or other
market participants behave as expected or intended. Users hereby
represent that they are knowledgeable, experienced and
sophisticated in using blockchain technology and in initiating
Ethereum-based transactions.
The Website and the technical platform don’t offer any custodial
services and don’t have access to users' cryptocurrency wallets
and private keys. Users are entirely responsible for the safety
and management of their own private cryptocurrency wallets and
validating all transactions and contracts generated by this
website. There is no ability to undo, reverse, or restore any
transactions after initiated.
A user confirms, that the NFTs minted here, are not securities
and are not associated with any investment scheme. An NFT minted
on the Website can only be considered as a digital collectible
or an artwork.
A user should see the relationships with Creators as between art
sellers and art collectors. The NFTs are not security tokens,
and Creators aren’t registered brokers.
The Website operators and their affiliates do not guarantee that
the NFTs have or will ever have any value.
Under no circumstances there can be made any refunds.
Users hereby acknowledge that the developments in the roadmap
are solely act of good will of the Creators and the funds that
are being collected from users are Creators' reward for their
art.
Creators hereby take no responsibilities or obligations related
to the operation of the Website and can’t be liable for any
damages and losses or other sorts of claims.
Ownership of the NFTs
You Own the NFT and the Art inside of it. Ownership of the NFT
is mediated entirely by the Smart Contract and the Ethereum
Network. At no circumstances we may seize, freeze, or otherwise
modify the ownership of any NFT.
Personal Use. Subject to your continued compliance with these
Terms, Creators grant you a worldwide, royalty-free license to
use, copy, and display the purchased NFTs, along with any
extensions that you choose to create or use, solely for the
following purposes: (i) for your own personal, non-commercial
use; (ii) as part of a marketplace that permits the purchase and
sale of NFT, provided that the marketplace cryptographically
verifies each user rights to display the Art to ensure that only
the actual owner can display the Art; or (iii) as part of a
third party website or application that permits the inclusion,
involvement, or participation of your NFT, provided that the
Website/application cryptographically verifies each owner’s
rights to display the Art to ensure that only the actual owner
can display the Art, and provided that the Art is no longer
visible once the owner leaves the Website/application.
Commercial Use. Subject to your continued compliance with these
Terms, Creators grant you an unlimited, worldwide license to
use, copy, and display the purchased Art for the purpose of
creating derivative works based upon the Art (“Commercial Use”).
Examples of such Commercial Use would e.g. be the use of the Art
to produce and sell merchandise products (T-Shirts etc.)
displaying copies of the Art. 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 Art
generally, provided that the marketplace cryptographically
verifies each user rights to display the Art for them 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 users generally,
provided that the third party website or application
cryptographically verifies each owner’s rights to display the
Art 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 leaves the Website/application; or (iii) earning
revenue from any of the foregoing.
Site Unavailability.
You acknowledge that temporary interruptions in the availability
of the Website may occur from time to time as normal events. We
may decide to cease making available the Website or any portion
of the Website at any time and for any reason. Under no
circumstances will Creators be held liable for any damages due
to such interruptions or lack of availability.
DISCLAIMER OF WARRANTIES.
You understand and agree that: the Website is provided on an
“AS-IS” and “AS AVAILABLE” basis. Creators make no
representation or warranty of any kind, express or implied, with
respect to the Website, including without limitation: (i) any
representation or warranty regarding the character, reputation
or business practices of the Creator; (ii) any representation or
warranty with respect to intellectual property rights in any
NFT; (iii) any representation or warranty concerning the
availability, accuracy, completeness, usefulness, or content of
information; (iv) any representation or warranty of title, non-
infringement, merchantability or fitness for a particular
purpose; or (v) any representation or warranty that the Website
meets the User’s requirements, will always be accessible,
uninterrupted, timely, secure or operate without error or that
defects will be corrected.
LIMITATION OF LIABILITY.
In no event shall Creators, its affiliates, or any of their
respective directors, officers, employees, agents, partners,
subsidiaries, divisions, successors, suppliers, distributors,
vendors, contractors, and representatives be liable for any
indirect, special, incidental, consequential, exemplary or
punitive damages arising from, or directly or indirectly related
to the use of, or the inability to use, the Website or the
content, materials and function related thereto, including,
without limitation, loss of revenue, or anticipated profits, or
lost business, data or sales, or cost of substitute services,
even if Creators or their representative or such individual has
been advised of the possibility of such damages. The NFT tokens
come as is, and Creators do not guarantee any content that comes
inside of these NFTs. The Website operators and their affiliates
do not guarantee that the NFTs have or will ever have any value.
Creators also do not guarantee any future utilities or use-cases
for the tokens. Users hereby acknowledge that the developments
in the roadmap on the Website are solely act of good will of the
Creators and the funds that are being collected from users are
Creators' reward for their art. Creators reserve the right to
change the roadmap, the future implementation of additional
products/utilities/use-cases/services which aren’t part of the
agreement with a user and Creators can’t be liable for it.
Contact Us.
To contact us with any questions or concerns with website and
the project’s, please use the official email address:
[email protected]