Terms & Conditions
Last updated: [09/15/2021]
Welcome to the Mint My Piece NFT Platform, owned and operated by Mint My Piece Ltd. (“Mint My Piece”, “MMP” “we”, “us” or “our”). These terms and conditions (these “Terms”) set out the terms on which we offer you access to and use of the Mint My Piece NFT Platform. You hereby confirm that you understand and agree to comply with these Terms, together with any documents that may be expressly referred to and are incorporated by reference herein, including, but not limited to, the Sales Terms and Conditions (the “Sales Terms”) of any individual NFT (if applicable).
These Terms constitute a legal agreement between you and Mint My Piece and govern your access to and use of the Mint My Piece NFT Platform, including any content, functionality, and services offered on or through the Mint My Piece NFT Platform (collectively, the “Services”). References to “you” or “your” mean you as an individual user of the Mint My Piece NFT Platform.
THE MINT MY PIECE NFT PLATFORM IS AN ONLINE MARKETPLACE FOR NFT’S. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES WE OFFER ARE ADMINISTRATIVE IN NATURE ONLY. THE MINT MY PIECE NFT PLATFORM FACILITATES TRANSACTIONS BETWEEN USERS, WHETHER BUYERS, PROSPECTIVE BUYERS, BIDDERS OR SELLERS, BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF NFTs OR BETWEEN ANY USERS. OUR INVOLVEMENT IN ANY TRANSACTION IS LIMITED TO PROVIDING THE MINT MY PIECE NFT MARKETPLACE TO FACILITATE THE PURCHASE AND SALE OF NFT’S AND SHOWCASE THE ART LINKED TO NFT’S.
Users of the Mint My Piece NFT Platform may, from time to time: (i) upload, showcase, display, post or otherwise make available Art to the Mint My Piece NFT Platform; (ii) mint an NFT from Art they Own and list it for sale or auction; (iii) sell or otherwise dispose of an NFT; (iv) purchase or otherwise acquire an NFT; or (v) act on behalf of an Artist or Artists, by uploading, showcasing, displaying, posting or otherwise making available the Art belonging to an Artist or Artists.
Mint My Piece reserves the right to change or modify these Terms at any time by posting a notification to the Mint My Piece NFT Platform website. Any changes to or modifications of these Terms will be in effect 30 days after the date on which the notification is posted, being the “Last Updated Date” referred to [at the top of this page]. You should review these Terms before using the Mint My Piece NFT Platform or any Services available thereunder. You agree and understand that by continuing to access or use the Mint My Piece NFT Platform after the “Last Updated Date” and following any change to these Terms, you are regarded as having accepted and agreed to the revised Terms.
By using the Mint My Piece NFT Platform, you affirm that you are of legal age to enter into these Terms, and you accept and are bound by these Terms.
You may not use the Mint My Piece NFT Platform if you: (i) do not agree to these Terms; (ii) are not of the age of majority in your jurisdiction of residence; or (iii) are prohibited from accessing or using the Mint My Piece NFT Platform or any of its contents, products or services by applicable law.
In these Terms, the following capitalized terms will have the following meanings:
“NFT” means a unique non-fungible token, implemented on the Mint My Piece blockchain using smart contracts and offered for auction, sale, or trade on the Mint My Piece NFT Platform. An NFT is not Art; it is a token that represents Art in the context of a transaction such as those conducted on the Mint My Piece NFT Platform.
“Mint My Piece NFT Platform” means this website (together with its contents and all sub-websites), any mobile applications owned and operated by Mint My Piece, and any media channels, including social media channels and instant messaging channels (including sub-media channels) owned or operated by Mint My Piece.
“Art” means any art, design, or drawings (in any form or media, including, but not limited to, video, 2D or 3D digital images or renderings, gifs, photographs, or music) that may be associated with an NFT that you mint and/or own.
“User” means any person or entity accessing, using, participating in or otherwise interacting with the Mint My Piece NFT Platform, whether through uploading Art to the platform, minting, selling or purchasing an NFT, or otherwise conducting or engaging in a Transaction. A User may be, but is not limited to, an Artist, a Gallery, a Purchaser or a Seller.
“Artist” means any User who uploads, showcases, displays or posts Art on the Mint My Piece NFT Platform or otherwise makes their Art available on the Mint My Piece NFT Platform.
“Gallery” means any User who, on behalf of an Artist or other third-party artist, uploads, showcases, displays or posts Art on the Mint My Piece NFT Platform, or otherwise makes such Artist’s or third-party artist’s Art available on the Mint My Piece NFT Platform.
“Content” means any and all images, text, information, data, audio, video, graphics, computer code, software, and other material provided on or through the Mint My Piece NFT Platform. Content includes both Platform Content and User Content.
“Platform Content” means any and all Content that we provide on or through the Mint My Piece NFT Platform or our Services provided therein, including Content licensed from a third party, but excluding User Content.
“User Content” means any and all Content that a User submits, posts, publishes or otherwise provides on or through the Mint My Piece NFT Platform or our Services provided therein.
“Transaction” means any transfer of ownership on an NFT between a Seller and Purchaser, whether through a sale, exchange, or give-away or through other means of disposing of such NFT.
“Mint” means the process of turning Art into a token on a blockchain.
“Own” means, with respect to an NFT, an NFT that you have purchased or otherwise rightfully acquired from a legitimate source in accordance with the Sales Terms, where proof of such purchase is recorded on the Mint My Piece blockchain network.
“Purchased NFT” means an NFT that you Own.
“Purchaser” means the buyer of an NFT in a Transaction conducted on the Mint My Piece NFT Platform.
“Seller” means the seller of an NFT in a Transaction conducted on the Mint My Piece NFT Platform.
“Smart Contract” means a self-executing contract with the terms of the agreement between the Purchaser and Seller being directly written into lines of code, which are stored on a blockchain network. Mint My Piece uses the Cardano blockchain.
“Intellectual Property Rights” means any right, title or interest in or to any intellectual property including, but not limited to, patents, inventions, patent applications and disclosures, designs, copyrights, trade secrets, trademarks and trade names, know-how, software, databases, or any other intellectual property rights recognized in any country or jurisdiction in the world, whether registered or unregistered.
“Third Party IP” means any third-party Intellectual Property Rights,.
“we/us/our/ Mint My Piece” means Mint My Piece Ltd, located at The Canadian Venture Building, 82 Richmond Street, Toronto, Ontario, M5C 1P1.
“you/your” means the User of the Mint My Piece NFT Platform.
Mint My Piece retains the discretion to allow or disallow your access to the Mint My Piece NFT Platform, as per the steps laid out in section 7.4 (7.4 Effect of Your Breach)
of these Terms.
By agreeing to these Terms, you represent and warrant that:
(i) You are at least 18 years of age (or the minimum age required in your jurisdiction of residence to use the Mint My Piece NFT Platform);
(ii) You have the full right, power, and authority to agree to these Terms;
(iii) You are not subject to any financial sanctions, embargoes or other restrictive measures imposed by the United Nations, the European Union (EU), any EU country, the UK Treasury or the US Office of Foreign Assets Control (OFAC), or any governmental authority in any interest jurisdiction in which the Mint My Piece NFT Platform is available (collectively, “Sanctions”);
(iv) You are not impersonating any other person, or collective of persons;
(v) You will not use the Mint My Piece NFT Platform if any applicable laws in your country of residence prohibit you from doing so in accordance with these Terms;
(vi)You are compliant with all applicable laws, rules and regulations to which you are subject.
4 Account Set-up and Security
4.1 Account Registration
You must create an account (“Account”) to use the Mint My Piece NFT Platform. To create an Account, we will require you to provide certain registration information about yourself, including but not limited to, your name, address and email. We may, in our sole discretion, require you to provide further information and/or documents at any stage during your use of the Mint My Piece NFT Platform, to the extent that such information and/or documentation is required to execute these Terms, including to verify your identity. By creating an Account, you agree to the following: to generally promote your use of the Mint My Piece NFT Platform (including by promoting any and all NFTs you mint or make available for sale on the Mint My Piece NFT platform), whether as an Artist, Gallery, Purchaser or Seller or other type of User, for example through your individual or institutional social media accounts. The social media platforms we encourage marketing links to be posted on are: Instagram, Facebook, Discord, Tik Tok, but are not limited to these social media outlets.
Also, by creating an Account, you agree that you have provided accurate, current and complete registration information and to maintain and promptly update your account information as necessary. We may refuse, decline, suspend or disable your access to or use of the Mint My Piece NFT Platform or your Account, as per the steps laid out in section 7.4 (7.4 Effect of Your Breach)
and we reserve the right to reclaim usernames without liability to you.
4.2 Account Security
You are responsible for the security of your Account and your electronic wallet, including maintaining the confidentiality of your Account password and electronic wallet private key. You agree to accept responsibility for all activities that occur under your Account. You must not share your login information or other security related information with any other person or allow any other person access to your Account. If you become aware of any unauthorized use of your password or of your Account, you agree to notify us immediately at: Info@mintmypiece.com.
The permission we give you under these Terms to create an Account and access or use the Mint My Piece NFT Platform and the Services provided thereunder is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sublicense or otherwise transfer your Account, or any access to or use of the Mint My Piece NFT Platform and the Services provided thereunder, to any third party.
4.3 Account Transactions
You can use your electronic wallet to purchase, store and engage in transactions using your credit card, or via ADA Tokens. Transactions that take place on the Mint My Piece NFT Platform are managed and confirmed by the Mint My Piece blockchain network. You understand that your Mint My Piece blockchain network public address will be made publicly visible whenever you engage in a transaction on the Mint My Piece NFT Platform.
5 Purchase, Sale and Trade of NFTs
5.1 NFT Transactions
The Mint My Piece NFT Platform allows you to sell, purchase, and collect NFTs and showcase the Art linked to such NFTs on the Mint My Piece blockchain network. Such transactions will be governed by, and conducted in accordance with, the individual Sales Terms applicable to each Transaction.
5.2 Transaction Format
Transactions may occur in one of two formats: (a) a Fixed Price Sale; or (b) an Auction, each as described and defined below:
(a) Fixed Price Sales. You may enter into a fixed price sale transaction via a Smart Contract whereby the Seller of the NFT shall list such NFT for sale on the Mint My Piece NFT Platform at a fixed sale price and the Purchaser may enter into a legally binding agreement to purchase such NFT by committing to buy the NFT at the specified sale price, which offer from the Purchaser to buy the NFT is accepted by the Seller (a “Fixed Price Sale”).
(b) Auctions. You may enter into an auction transaction via a Smart Contract whereby the Seller of the NFT shall list such NFT for sale on the Mint My Piece NFT Platform via an auction process as described in Section 5.4 Auction Terms
(an “Auction” and, together with a Fixed Price Sale, each a “Sale”).
In connection with a Sale of an NFT, whether by Fixed Price Sale or Auction, the Seller, via Smart Contract, may set (a) the price of the NFT in any amount in United States Dollars (USD), ADA tokens or any other currencies (whether fiat currency or cryptocurrency) as available on the Mint My Piece NFT Platform and (b) the number of days for which the Fixed Price Sale offer or the Auction for the NFT will remain open (the “Sales Period”). In the event that there is no successful Purchaser of the NFT within the Sales Period set by the Seller, the NFT will remain unsold and the Sale will be closed at such time as determined by the Seller the last day of the Sales Period.
In the event that you list an NFT in a Sale on the Mint My Piece NFT Platform, you acknowledge and agree that:
(a) you must only list an NFT that you Own, meaning you must own the Art that is linked to such NFT;
(b) your listing must be accurate, current, complete and include all the relevant information on the relevant NFT;
(c) your listing must not be misleading (including through the omission of any material information with respect to the NFT listed for Sale); and
(d) you acknowledge and accept that any sale of such NFT will be final and that you will not be able to cancel the same or retain ownership in such NFT following the completion of the Sale with respect to the relevant NFT.
We reserve the right to amend any listing in order to supplement, remove, or correct information in such listing that may be inaccurate or, in our opinion, may be materially misleading.
5.4 Auction Terms
Once initiated, an Auction will last for the entirety of the Sales Period, and the Auction cannot be stopped, amended, modified, cancelled or undone upon the commencement of the Sales Period. The Seller may set a starting price at which bidding shall commence. Provided that such starting price is met by a bidder, the relevant NFT will be sold to the highest successful bidder upon the conclusion of the Sales Period. If no starting price is set by the Seller, then the NFT will be sold to the highest bidder upon the conclusion of the Sales Period no matter what the bid is. Bids placed during an Auction are irrevocable and conditional upon a bidder maintaining a successful Account.
Auction participants are generally forbidden from engaging in any deceptive conduct that may prevent competitive or fair bidding, artificially inflate or deflate the price of an NFT, simulate demand for an NFT (i.e. “wash trading”), or any other anticompetitive bidding conduct, including but not limited to “puffing”, “chill bidding”, “shill bidding”, “sham bidding”, or “sock puppet bidding”. Sellers are expressly forbidden from bidding or purchasing their own NFTs that have been listed in an Auction, whether directly or indirectly, especially for the purpose of artificially influencing the price of such NFT or any other NFT.
You acknowledge and agree to assume the risk of initiating or participating in an Auction and take full responsibility and liability for the outcome of any Auction that you participate in, whether as a Seller or Purchaser or by bidding in the Auction. We shall not be liable to you or any third-party for the outcome of any Auction.
5.5 Financial Transactions on the Mint My Piece NFT Platform
Upon the acceptance of a Purchaser’s offer in a Fixed Price Sale or the conclusion of an Auction, the total sale price for the Purchased NFT (along with all applicable taxes and fees) shall be payable by the relevant Purchaser in the relevant fiat currency or cryptocurrency as set forth by the Seller in the Smart Contract, according to the relevant Sales Terms. Any payments or financial transactions that you engage in on the Mint My Piece NFT Platform:
(b) in respect of cryptocurrency, will be conducted solely through the Mint My Piece blockchain network.
In either case, we have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Mint My Piece NFT Platform, or any other payment or transactions that you conduct via the Mint My Piece blockchain network.
5.6 Transaction Fees
Every transaction on the Mint My Piece NFT Platform requires the payment of a transaction fee, which is calculated as a percentage of a sale price of a Purchased NFT, in addition to other fees as may be required to conduct a Transaction, including but not limited to third-party service provider fees, blockchain processing or “gas” fees (each, a “Transaction Fee”). Transaction Fees are in addition to any royalty that may be deducted from the sale price of a Purchased NFT and redirected to an Artist as part of a Transaction on an NFT, to the extent such Transaction relates to the Art linked to the Purchased NFT. Except as otherwise expressly stated in these Terms and/or the Sales Terms, you will be solely responsible to pay any Transaction Fee for any transaction entered into via the Mint My Piece NFT Platform.
6 Changes to the Mint My Piece NFT Platform
We may, in our absolute and sole discretion, change, update, amend, remove, or discontinue any feature or functionality of the Mint My Piece NFT Platform, the Services rendered thereunder and the Content with respect thereto at any time. We will provide you with notice of such amendment by posting an amended version of these Terms with a new version number to the Mint My Piece NFT Platform. The amendments will take effect 30 days after the date on which the amended version is posted, being the “Last Updated Date” referred to [at the top of this page].
You have the right to cancel your Account or otherwise cease your access or use of the Mint My Piece NFT Platform at any time in the 30-day period before any such amendment takes effect, and at no cost or penalty to you.
By continuing to access or use the Mint My Piece NFT Platform following any such amendments to the Mint My Piece NFT Platform, the Services or the Content taking effect, you will be deemed to have accepted and agreed to such updated Mint My Piece NFT Platform, Services and Content.
7 Your Use of the Mint My Piece NFT Platform and Conduct
YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILE ACCESSING OR USING THE MINT MY PIECE NFT PLATFORM OR YOUR ACCOUNT, AND FOR ANY CONSEQUENCES THEREOF. YOU AGREE TO USE THE MINT MY PIECE NFT PLATFORM OR YOUR ACCOUNT AT YOUR OWN RISK AND ONLY FOR PURPOSES THAT ARE LEGAL, PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY APPLICABLE LAWS OR REGULATIONS.
We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Mint My Piece NFT Platform and the Services offered thereunder in accordance with these Terms. Our grant of such license is subject to the conditions laid out in this section. When using the Mint My Piece NFT Platform and the Services offered thereunder, you acknowledge, agree, warrant and undertake not to (and shall not, knowingly or otherwise, authorize, allow or assist any other party to):
(a) use the Mint My Piece NFT Platform or your Account to perform any unlawful activities that violate applicable laws or regulations (including but not limited to money laundering, terrorism financing and/or fraudulent activities) or otherwise engage in any illicit activities;
(b) use the Mint My Piece NFT Platform or your Account if you are not 18 years old (or the minimum age required in your jurisdiction of residence to use the Mint My Piece NFT Platform), or are temporarily or indefinitely suspended from using the Mint My Piece NFT Platform, or are a person with whom transactions are prohibited under economic or trade sanctions or embargos;
(c) use the Mint My Piece NFT Platform or your Account for any commercial use (for example, any business (whether paid or unpaid), advertising, or marketing purposes);
(d) use the Mint My Piece NFT Platform or your Account to engage in any activity which operates to defraud Mint My Piece or to provide any false, inaccurate, or misleading information;
(e) use the Mint My Piece NFT Platform or your Account without fully complying with all of our requests for additional information or documentation from you, which additional information or documentation shall be complete, truthful, accurate and reliable;
(f) use the Mint My Piece NFT Platform or your Account to conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing material, junk or chain messages;
(g) use the Mint My Piece NFT Platform or your Account to upload content on the Mint My Piece NFT Platform that contains or is infected with viruses, malicious codes, Trojan horses, is obscene or illegal or contains any other harmful or deleterious computer programmes or software items of a destructive or deceptive nature;
(h) transfer your Account and the related login credentials to any other party without our prior written consent;
(i) modify or adapt, in whole or any part of, the Mint My Piece NFT Platform into any other programme or application;
(j) disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the Mint My Piece NFT Platform or any components thereof;
(k) use any robot, spider, crawler, scraper, script, deep link or other similar automated data gathering or extraction tool, program, algorithm or methodology to access, copy, modify or monitor the Mint My Piece NFT Platform;
(l) use the Mint My Piece NFT Platform or your Account in any manner that would cause you to infringe or violate any content, copyright, trademark right, patent, trade secret, publicity or other image right, moral right, database right or other intellectual property rights (collectively, the “Intellectual Property Rights”) that may belong to or are licensed to us, our affiliates, or any third-party, and you undertake not to take or attempt to take any action, or claim ownership of any property or content, that infringes or would infringe upon our intellectual property interests or those of any third party;
(m) use the Mint My Piece NFT Platform or your Account in a way that could damage, disable, impair or compromise the Mint My Piece NFT Platform or interfere with other users or affect the reputation of Mint My Piece;
(n) take any action that imposes an unreasonable or disproportionately large burden or load on the Mint My Piece infrastructure (including, but without limitation to, our servers, networks, data centres and related or like equipment), nor will you detrimentally interfere with, intercept or expropriate any system, database, data or information belonging to us or other users of the Mint My Piece NFT Platform;
(o) engage in any other activities deemed inappropriate by us or which are in contravention of these Terms, nor will you do anything on the Mint My Piece NFT Platform that may be deemed objectionable to, or could harm the reputation or Intellectual Property Rights of us or our licensors and other affiliates;
(p) provide false, inaccurate, incomplete or misleading information to us or any of our affiliates or third-party service providers;
(q) create Accounts by automated means or under false or fraudulent pretenses;
(r) impersonate another person or collective of persons (via the use of an email address, social media account, chat network or otherwise)
(s) use, employ, operate or create a computer program to simulate the human behaviour of a user (“Bots”), and or use, employ or operate such Bots or other similar forms of automation to engage in any activity or transaction on the Mint My Piece NFT Platform;
(t) acquire NFTs through inappropriate or illegal means, including, but not limited to, through the use of a stolen credit card, or a payment mechanism that you do not have the right to use, or by purchasing an NFT and then attempting to charge the cost back to your payment method while still maintaining ownership or control of the NFT or selling, swapping or giving away such NFT to someone else;
(u) purchase, sell or facilitate the purchase and sale of any user’s account(s) to other users or third parties for cash or cryptocurrency consideration, whether inside or outside of the Mint My Piece NFT Platform;
(v) acquire NFTs through inappropriate or illegal means;
(w) breach our privacy or confidentiality or the privacy or confidentiality of any user of the Mint My Piece NFT Platform;
(x) create nor register a security interest or encumbrance in or over any NFT;
(y) use the Mint My Piece NFT Platform or your Account to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance; and
(z) assist another person or entity, whether through a contractual arrangement or through the use of an algorithm or device or through any other means, to do anything prohibited in paragraphs (a) to (y) above (paragraphs (a) through (z), each, a “Prohibited Activity” and collectively, the “Prohibited Activities”).
7.3 Legal Compliance
You are responsible for complying with all trade regulations and both foreign and domestic laws as they apply to your access to, and use of, the Mint My Piece NFT Platform. You will not use the Mint My Piece NFT Platform or your Account if (a) you are located in a country that is subject to Sanctions or that has been designated by any of the Sanctions authorities as a “terrorist supporting” country or (b) you have been listed on any Sanctions authority’s list of prohibited or restricted parties.
7.4 Effect of Your Breach
If you engage in any of the Prohibited Activities or otherwise materially breach these Terms, we may, without notice or liability to you, and without limiting any of our other rights or remedies contained in the Terms or at law or in equity, immediately and temporarily suspend your user account. Upon such suspension of your account, we will notify you by email of your suspected breach of these Terms, whether by engaging in a Prohibited Activity or otherwise. You may contest in writing the suspension within 3 days of receiving such notification, by replying to email@example.com. Failing or following such reply, if we continue to reasonably believe that you engaged in a Prohibited Activity or otherwise materially breached these Terms, we may terminate your Account, which may result in your Art, or descriptions thereof, no longer being hosted on the Mint My Piece NFT Platform. If your Art, or descriptions thereof, is deleted from the Mint My Piece NFT Platform, such deletion will not affect your ownership and related rights in any NFTs that you already Own, but you will not receive a refund of any amounts you paid for such NFTs.
NOTWITHSTANDING THE FOREGOING, HOWEVER, IF WE REASONABLY BELIEVE THAT YOU ARE ENGAGED IN ANY OF THE PROHIBITED ACTIVITIES SET FORTH IN PARAGRAPHS (a) TO (z) OF SECTION 7.2, IN ADDITION TO OUR RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE YOUR USER ACCOUNT AND/OR DELETE YOUR ART OR DESCRIPTIONS THEREOF FROM THE MINT MY PIECE NFT PLATFORM, WE ALSO RESERVE THE RIGHT, WITHOUT NOTICE OR LIABILITY TO YOU, TO TAKE ANY OR ALL OF THE FOLLOWING ACTIONS: (A) TO DEEM ANY TRANSACTION THAT TOOK PLACE VIA OR AS THE RESULT OF SUCH ACTIVITIES TO BE VOID AB INITIO; AND/OR (B) TO IMMEDIATELY CONFISCATE ANY NFTs THAT WERE SOLD, PURCHASED OR OTHERWISE ACQUIRED AS THE RESULT OF SUCH ACTIVITIES WITHOUT ANY LIABILITY TO YOU TO REIMBURSE OR REFUND YOU FOR SUCH CONFISCATED NFTs. WE WILL NOTIFY YOU OF SUCH, AND YOU MAY CONTEST IN WRITING ACTIONS (A) AND/OR (B) WITHIN 3 DAYS OF SUCH NOTIFICATION BY CONTACTING INFO@MINTMYPIECE.COM. IF WE CONTINUE TO REASONABLY BELIEVE THAT YOU ENGAGED IN A PROHIBITED ACTIVITY, ACTIONS A AND/OR B WILL BE UPHELD.
7.5 Enforcement of these Terms
We reserve the right to access, preserve and disclose any information if we believe it is reasonably necessary to: (i) respond to claims against us or comply with any law, regulation, legal process or governmental request; (ii) enforce or administer these Terms or our other policies or agreements with Users; (iii) detect, prevent or otherwise address fraud or other forms of illegal or illicit activity or security or technical issues; or (iv) protect or enforce the rights, property or safety of Mint My Piece, you, or others.
8 Ownership of the Content
Unless otherwise indicated by us, all Content (except to the extent that such content is your User content, including your Art), is owned by Mint My Piece or our parent companies or affiliates, or by others who have licensed their Content to us, and is protected by Intellectual Property Rights and other proprietary rights. Specifically, Mint My Piece (or our parent companies, affiliates, or licensors, as applicable) owns and retains all rights, title and interest in and to the Services, the Mint My Piece NFT Platform, including the Content and all other materials contained therein, whether appearing on or in the Mint My Piece NFT Platform or elsewhere, including without limitation, the Mint My Piece logo, trademarks and trade names, product or service names, slogans, designs, the look and feel of the Mint My Piece NFT Platform, social media handles, domain names, text, images, pictures, data files and compilations, software, source doe and object code, programs, algorithms, databases, and any other files relating to the Mint My Piece NFT Platform.
You agree that all right, title and interest (including all copyright and moral rights, trademark rights, service marks, patent rights, database rights, trade secrets and other Intellectual Property Rights of any kind, whether registered or unregistered) in the Content (except your User Content, including your Art), the Mint My Piece NFT Platform and the Services rendered thereunder (whether currently existing or arising in the future) belong to us, our affiliates or our licensors, as applicable.
These Terms do not grant you any ownership over any Content, or any Intellectual Property Rights in any Content, although you remain the owner of any Intellectual Property Rights that you may have in your User Content. Unless otherwise stated in these Terms, neither these Terms nor your use of our Services or access to the Mint My Piece NFT Platform grants you any license or permission under any Intellectual Property Right of Mint My Piece or any third party, whether by implication or otherwise. Unless otherwise stated in these Terms, these Terms do not grant you the right to use, reproduce, distribute, publish, copy, imitate, modify, adapt, create derivative works of or otherwise commercialize any of our trademarks, service marks, logos, product names, slogans, domain names, social media handles or other distinctive brand features in any way. Unless otherwise stated in these Terms, you may not use, reproduce, distribute, publish, copy, imitate, modify, adapt, create derivative works of, make available or otherwise commercialize any Content (except your User Content, including your Art) without our prior express written permission, or (as applicable) the appropriate third-party rights holder.
We reserve the right to suspend or terminate any Account that has actually or allegedly infringed upon any person’s Intellectual Property Rights, following the steps laid out in section 7.4 of these Terms.
9 User Content
When you use or access the Mint My Piece NFT Platform, or the Services provided thereunder, you may upload, submit, post, publish, make available or otherwise provide us with your User Content (or, as applicable, the User Content of a third party), including files, designs, images, video, audio, text or other content, including Art. User Content is the property of its User.
Each User is solely responsible for all User Content that they provide on or through the Mint My Piece NFT Platform and the Services provided thereunder.
If you are an Artist, you represent and warrant that you own or otherwise control all of the rights to your User Content. If you are a Gallery, you represent and warrant that you have the necessary grants, permissions or consent to upload, submit, post, publish, make available or otherwise provide the User Content of a third party to the Mint My Piece NFT Platform. You also represent and warrant that the use of your User Content (or, as applicable, the User Content of a third party) does not violate these Terms and will not violate or infringe upon the Intellectual Property Rights or any other rights of a proprietary nature of any person or entity or otherwise harm or cause injury to any person or entity.
9.1 Ownership of User Content
You agree that all right, title and interest (including all copyright and moral rights, trademark rights, service marks, patent rights, database rights, trade secrets and other Intellectual Property Rights of any kind, whether registered or unregistered) in the User Content, including Art (whether currently existing or arising in the future), belong to its User (or, as applicable, a third party represented by a User). You agree that these Terms do not provide us with any rights in or to your User Content, except for the limited rights that enable us to operate and make available the Mint My Piece NFT Platform and offer the Services thereunder.
Unless otherwise provided for in these Terms, you may not use, reproduce, distribute, publish, copy, imitate, modify, adapt, create derivative works of, make available or otherwise commercialize, in whole or in part and regardless of form or medium, any User Content that is not your User Content.
9.2 Grant of License to Mint My Piece
By uploading, submitting, posting, publishing or otherwise providing any User Content on or through the Mint My Piece NFT Platform or the Services provided thereunder, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, display, host, store, process, reproduce, copy, distribute, publish, adapt or modify (to the extent such adaptation or modification is necessary for such User Content, including Art, to be displayed on and/or assume the look and feel of the Mint My Piece NFT Platform), broadcast and make available such User Content, in any and all format or media now known or later developed, for the purposes of operating, distributing, promoting, making available and improving the Mint My Piece NFT Platform and the Services provided thereunder, and developing new Services.
9.3 No Representations, Guaranties or Warranties as to User Content
You acknowledge that you are in the best position to know if your User Content (or, as applicable, the User Content of a third party) may be used in connection with the Mint My Piece NFT Platform or the Services provided thereunder. You are solely responsible for ensuring that your User Content (or, as applicable, the User Content of a third party) does not violate any law or regulation, or any right or Intellectual Property Right of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right.
We do not endorse or make any representations, guaranties or warranties of any kind with respect to any User Content and/or any statements, ideas, advice or opinions communicated on, through, or in connection with the Mint My Piece NFT Platform (whether online or offline) by any User and/or third party. You acknowledge that any use of or reliance on any User Content and/or any such statements, ideas, advice or opinions is solely at your own risk.
We will not be liable or responsible for any User Content, except as expressly provided for in these Terms or in our Non-Infringement Policy.
9.4 Monitoring User Content
You acknowledge that we have no obligation to review or screen any User Content, and that by accessing or using the Mint My Piece NFT Platform, you may be exposed to User Content that is inaccurate, misleading, offensive or otherwise objectionable.
Notwithstanding the foregoing, we reserve the right, but have no obligation, to monitor and/or review any and all User Content and/or communications transmitted on or through the Mint My Piece NFT Platform or the Services provided thereunder, to enforce or investigate potential violations of these Terms or our other policies or agreements with Users, in order to detect, prevent or otherwise address fraud or other forms of illicit or illegal activity or security or technical issues, without notice or liability to you.
We also reserve the right to remove or refuse to display any User Content on the Mint My Piece NFT Platform or the Services provided thereunder, in whole or part, if we believe that such User Content may violate these Terms, the law or any third-party rights, without notice or liability to you.
10 Your Ownership of the NFT
YOUR OWNERSHIP OF NFTs WILL ONLY BE RECOGNIZED BY US IF YOU HAVE PURCHASED OR OTHERWISE RIGHTFULLY ACQUIRED SUCH NFTs ON THE MINT MY PIECE NFT PLATFORM IN ACCORDANCE WITH THE SALES TERMS.
10.1 Ownership of NFTs
Ownership of the NFT is mediated entirely by the Mint My Piece blockchain network. When you purchase an NFT on the Mint My Piece NFT Platform, you own the Purchased NFT, and you have the right to transfer, sell, exchange or give away your Purchased NFT. Upon such purchase, you will have a license, as described in 10.3 User License to Art
below, to the Art linked to the Purchased NFT, for so long as you own the NFT, solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of the Mint My Piece NFT Platform that permits the purchase, sale and display of your NFT; (c) as part of a third-party website or application that permits the inclusion, involvement, storage, or participation of your NFT. The transfer, sale, exchange or give away of your purchased NFTs, may be performed by you only by using the Mint My Piece NFT Platform.
10.2 Further User Ownership Acknowledgements
For the avoidance of doubt, you acknowledge and agree: (a) that your purchase of an NFT does not give you any rights or licenses in or to the Platform Content or User Content other than those expressly contained in these Terms; (b) that you do not have the right, except as otherwise set forth in these Terms, to reproduce, copy, modify, use, distribute, create derivative works of, make available or otherwise commercialize any elements of the Platform Content or User Content (including, but not limited to, any Art) without our (or, as applicable, our licensors’) prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (c) that you will not apply for, register, or otherwise use or attempt to use any of our logos, trademarks or service marks or any confusingly similar marks, slogans, product names, domain names or social media handles or any other forms of distinctive branding, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.
10.3 User License to Art
Subject to your continued compliance with these Terms, upon Purchase of an NFT, we grant you a worldwide, non-exclusive, non-transferable, non-sublicensable, perpetual, irrevocable, royalty-free license to use, reproduce, copy, download, make available and display the Art linked to your Purchased NFT, regardless of medium, format or device, solely for the following purposes: (a) for your own personal, non-commercial use; (b) [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 linked to their Purchased NFT to ensure that only the actual owner can display the Art; or (c)] as part of a third-party website or application that permits the inclusion, involvement, or participation of your Purchased NFT, provided that the website/application cryptographically verifies each NFT owner’s rights to display the Art linked to their Purchased NFT to ensure that only the actual owner can display the Art, and provided further that the Art is no longer visible once the owner of the Purchased NFT leaves the website/application (the “User License to Art”).
10.4 Restrictions on User License to Art
You agree that you may not, nor permit any third party to do or attempt to do any of the following without our (or, as applicable, our licensors’) prior written consent in each case: (a) modify, adapt or create derivative works of the Art for your Purchased NFT in any way, including, but not limited to, the shapes, designs, drawings, attributes, or colour schemes; (b) use, copy, reproduce, distribute, publish, broadcast, make available or otherwise commercialize the Art linked to your Purchased NFT to advertise, market, endorse or sell any third-party product or service, whether such product or service is used for commercial gain or not; (c) use, copy, reproduce, distribute, publish, broadcast, make available or otherwise commercialize the Art linked to your Purchased NFT in connection with images, movies, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (d) use, copy, reproduce, distribute, publish, broadcast, make available or otherwise commercialize the Art linked to your Purchased NFT in images, movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use; (e) sell, distribute for commercial gain (including, but not limited to, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, depicts, contains in whole or in part, or consists of the Art linked to your Purchased NFT; (f) attempt to trademark, copyright, patent, or otherwise acquire additional Intellectual Property Rights in or to the Art linked to your Purchased NFT; or (g) otherwise utilize the Art linked to your Purchased NFT for your or any third party’s commercial benefit.
10.5 Third Party IP
If the Art associated with your Purchased NFT contains Third Party IP, you understand and agree as follows: (a) that you will not have the right to use, copy, reproduce, distribute, publish, broadcast, make available or otherwise commercialize such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (b) that, depending on the nature of the license granted from the owner of the Third Party IP, we may need to (and we reserve every right to) pass through additional restrictions on your ability to use the Art; and (c) to the extent that we inform you of such additional restrictions in writing, you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of the license contained in this Section.
10.6 Other Terms of the User License to Art
The User License to Art granted in 10.3 User License to Art
above applies only to the extent that you continue to Own the applicable Purchased NFT. If at any time you sell, swap, donate, give away, transfer, or otherwise dispose of your Purchased NFT for any reason, the User License to Art granted in Section 10.3 will immediately expire with respect to the Art linked to that NFT, without the requirement of notice, and you will have no further rights in or to the Art linked to that NFT.
The User License to Art is granted in addition to any rights that may be granted to an Artist, or Seller or Purchaser of an NFT under the Sales Terms of a specific Transaction, including, but not limited to, any resale right or any other rights to royalties of an Artist in relation to the Art that is linked to a Purchased NFT.
The restrictions in Section 10.5 and this Section 10.6 will survive the expiration or termination of these Terms.
11 Data Protection / Privacy
We reserve the right at any time to satisfy our internal requirement as to your Personal Data (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or for anti-money laundering and counter-terrorist financing purposes.
You reserve the right to access, rectify, or request the erasure of your personal data (as the case may be). You may contact Info@mintmypiece.com to do so.
12 Limitation of Services / Termination / Account Closure
12.1 You Terminate
You may terminate these Terms at any time by cancelling your Account and discontinuing your access to and use of the Mint My Piece NFT Platform. If you cancel your Account, or otherwise terminate these Terms, you will not receive any refunds for any purchases that you might make on or through the Mint My Piece NFT Platform (whether for NFTs or anything else).
12.2 We Terminate
We reserve the right to, and you agree that we may, in our sole discretion and with reasonable prior written notice, terminate these Terms. We also reserve the right to temporarily suspend and/or terminate your Account(s) and your access to, or use of, the Mint My Piece NFT Platform, pursuant to the steps as laid out in section 7.4 Effect of Your Breach
of these Terms, at any time and for any reason, but in particular, if we suspect that (i) your Account is being used for illegal activity; (ii) you have provided false or misleading information; (iii) you have engaged in fraudulent activity; and/or (iv) you have engaged in activity in violation of these Terms. You agree that any temporary suspension or subsequent termination of your access to the Mint My Piece NFT Platform may be without prior notice and that we will not be liable to you or to any third party for any such suspension or termination.
12.3 Other Remedies Available
If we terminate these Terms or suspend or terminate your Account and your access to, or use of, the Mint My Piece NFT Platform due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, but not limited to, if you engage in any Prohibited Activity), then termination of these Terms and suspension and/or termination of your Account will be in addition to any other remedies we may have at law or in equity.
12.4 Referral to Governmental Authorities
We have the right, without provision of prior notice, to take appropriate legal action, including, but not limited to, referral to law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Mint My Piece NFT Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Mint My Piece NFT Platform.
12.5 Effect of Termination
Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Mint My Piece NFT Platform or that is related to your Account, and you acknowledge and agree that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.
After any termination of these Terms and/or any termination of your Account or access to or use of the Mint My Piece NF Platform and the Services provided thereunder, the following will survive and remain in full force and effect: (i) all outstanding obligations you may have to us under these Terms or otherwise; (ii) all remedies for breach of these Terms; and (iii) to the extent necessary to enforce any of Mint My Piece’s outstanding obligations or rights under these Terms, the following sections of these Terms: (7) Your Use of the Mint My Piece NFT Platform and Conduct, (8), Ownership of the Content (9) User Content, (10) Your Ownership of the NFT, (12) Limitation of Services / Termination / Account Closure, (15) Disclaimers, (16) Limitation of Liability,(17) Indemnification, (22) No Waivers, (23) Third Party Rights, and (24) Governing Law and Jurisdiction.
YOU AGREE TO WAIVE AND HOLD US AND OUR PARENT, SUBSIDIARIES, AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS HARMLESS FROM ANY AND ALL CLAIMS OR DAMAGES RESULTING FROM ANY ACTION TAKEN BY US OR THE FOREGOING PARTIES RELATING TO ANY INVESTIGATION UNDERTAKEN BY EITHER US OR SUCH PARTIES IN RELATION TO SUSPECTED ILLEGAL, ABUSIVE OR FRAUDULENT ACTIVITY (INCLUDING, BUT NOT LIMITED TO, ANY SUSPECTED PROHIBITED ACTIVITY) OR BY LAW ENFORCEMENT AUTHORITIES.
13.1 Value and Volatility
You understand and agree that your access to, and use of, the Mint My Piece NFT Platform is subject to certain risks including without limitation:
(a) The price and liquidity of collectible blockchain assets, including the NFTs, are extremely volatile and subjective and may be subject to fluctuations;
(b) Collectible blockchain assets, including the NFTs, have no inherent or intrinsic value;
(c) Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFTs, which may also be subject to significant price volatility.;
(d) NFTs are not legal tender and are not backed by any government;
(e) Transactions involving NFTs may be irreversible, and losses due to fraudulent, illegal or accidental transactions may not be recoverable, including accidental transactions whereby you provide wrong wallet addresses or any loss resulting from the loss of your private cryptographic key;
(f) The value of collectibles, including the NFTs, is inherently subjective, and factors occurring outside the Mint My Piece NFT Platform ecosystem may materially impact the value and desirability of any particular NFT;
(g) The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, and therefore the value of NFTs is subject to the potential for permanent or total loss of value should the market for NFTs disappear;
(h) NFTs are subject to the risk of fraud, counterfeiting, cyberattacks and other technological difficulties which may prevent access to or use of your NFTs;
(i) NFTs purchased on the Mint My Piece blockchain network may not be transferable to other blockchain networks, and likewise, NFTs purchased on other blockchain networks may not be transferable to the Mint My Piece blockchain network.
13.2 Cryptocurrency Risks
There are risks associated with using a cryptocurrency, including, but not limited to, the risk of hardware or software failure or any interruption of internet connections, the risk of malicious software introduction or other cyberattacks, and the risk that third parties may obtain unauthorized access to information stored with your electronic wallet. You acknowledge and accept that we will not be responsible for any communication failures, disruptions, interruptions, errors, distortions or delays you may experience when using the Mint My Piece NFT Platform, the NFTs or the Mint My Piece blockchain network, howsoever caused.
13.3 Regulatory Uncertainty
The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Mint My Piece NFT Platform, and by extension, the use, transfer, sale, value and potential utility of your NFTs.
13.4 Payment Services Provider Risks
The Mint My Piece NFT Platform and the Services offered thereunder will rely on third-party platforms such as [PayPal] and [Now Payments] who perform the transactions for the purchase and sale of NFTs. If (a) we cease to continue any relationship with such platform providers; (b) the terms and conditions or pricing of such platform providers change; (c) we violate or cannot comply with the terms and conditions of such platforms; or (d) any of such platforms loses market share or falls out of favour or is unavailable for a prolonged period of time, access to and use of the Mint My Piece NFT Platform may suffer.
13.5 Your Own Risk
You understand and agree that you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself. Mint My Piece does not give any advice or recommendations regarding NFTs. You understand and agree that you access and use the Mint My Piece NFT Platform at your own risk. You understand and agree that Mint My Piece will not be responsible for any communication failures, disruptions, interruptions, errors, or distortions you may experience when using the NFTs or the Mint My Piece NFT Platform.
14 Taxes and Fees
You agree that you are solely responsible for (i) determining what, if any, taxes apply to your NFT transactions on the Mint My Piece NFT Platform and (ii) paying any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of, and transactions conducted on, the Mint My Piece NFT Platform. Neither Mint My Piece nor its affiliates or employees are responsible for determining the taxes that may apply to your NFT transactions. Except for income taxes levied on us, you: (a) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (b) will not be entitled to deduct the amount of any such Taxes from payments (including servicing fees) made to us pursuant to these Terms [or the Sales Terms].
By buying and selling NFTs on the Mint My Piece NFT Platform, you agree to pay all applicable fees, including transaction fees, which are calculated as a percentage of the sale price of a Purchased NFT, and any third-party service provider fees and/or blockchain processing or “gas” fees, as stipulated on the checkout screen at the time of your purchase. You also agree that a royalty may be deducted from the sale price of a Purchased NFT and redirected to an Artist, to the extent such Transaction relates to the Art linked to the Purchased NFT. You authorize us to automatically deduct any such fees directly from payments to you and/or add fees to your payments where applicable.
14.3 Sales Terms Information
For further information regarding the payment of taxes and fees, please see the relevant Sales Terms.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY MINT MY PIECE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE MINT MY PIECE NFT PLATFORM IS AT YOUR SOLE RISK AND THAT THE MINT MY PIECE NFT PLATFORM AND THE NFTs (AND THE ART LINKED THERETO) LISTED ON THE MINT MY PIECE NFT PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND YOU AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.TO THE FULLEST EXTENT PROVIDED BY LAW, MINT MY PIECE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF ANY KIND THAT YOU INCUR AS A RESULT OF YOUR USE OF THE MINT MY PIECE NFT PLATFORM, THE MINT MY PIECE BLOCKCHAIN NETWORK, OR YOUR ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR PRIVATE KEYS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, MALWARE, TROJAN HORSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE MINT MY PIECE NFT PLATFORM, THE MINT MY PIECE BLOCKCHAIN NETWORK, OR ANY ELECTRONIC WALLET; OR (V) ILLEGAL, INFRINGING OR FRAUDULENT ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, UPLOADING OR OTHERWISE MAKING AVAILABLE ON THE MINT MY PIECE NFT PLATFORM STOLEN ART OR ART THAT DOES NOT OTHERWISE BELONG TO THAT THIRD PARTY OR IMPERSONATING A PERSON IN THE TRANSFER OF AN NFT. MINT MY PIECE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF ANY KIND FROM ANY ACTION THAT RESULTS FROM YOU PROVIDING AN INCORRECT WALLET ADDRESS.
TO THE FULLEST EXTENT PROVIDED BY LAW, MINT MY PIECE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CORRECTNESS, ACCURACY, RELIABILITY AND NON-INFRINGEMENT AS TO THE MINT MY PIECE NFT PLATFORM AND THE CONTENT THEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE MINT MY PIECE NFT PLATFORM WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE MINT MY PIECE NFT PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (III) USAGE DATA PROVIDED THROUGH THE MINT MY PIECE NFT PLATFORM WILL BE ACCURATE; (IV) THE MINT MY PIECE NFT PLATFORM OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE MINT MY PIECE NFT PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE MINT MY PIECE NFT PLATFORM WILL BE SECURE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NFTs ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE MINT MY PIECE BLOCKCHAIN NETWORK. ALL SMART CONTRACTS, INCLUDING ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY NFT, ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE MINT MY PIECE BLOCKCHAIN NETWORK. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE MINT MY PIECE BLOCKCHAIN NETWORK, OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORTING BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORTING AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE MINT MY PIECE BLOCKCHAIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES RESULTING IN FUND LOSSES.
16 Limitation of Liability
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MINT MY PIECE, OUR PARENT, SUBSIDIARIES, AFFILIATES AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE, EXCEPT GROSS NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SALES TERMS, OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) ANY PORTION OF THE MINT MY PIECE NFT PLATFORM, WHETHER IN STATUTE, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO NO MORE THAN THE GREATER OF USD $1,000 OR THE TOTAL AMOUNT YOU PAID US (IF ANY) TO USE OUR SERVICES IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY.
APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET OUT ABOVE, SO SOME OF THE EXCLUSIONS AND LIMITATIONS PROVIDED ABOVE MAY NOT APPLY TO YOU, IN WHICH CASE OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE MINT MY PIECE NFT PLATFORM AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO PROVIDE THE MINT MY PIECE NFT