1. Welcome to Crypto Pop Club (hereinafter: “Crypto Pop Club” or "Crypto Pop" or the "Company"), a multi-brand collection of 3D artistic design non-fungible token’s (“NFT”), that You (collectively and as applicable, “You”, “Your” and “User”) may purchase with Your Wallet.
2. GENERAL
2.1. Definitions: (a) “Product” refers to a unique Crypto pop NFT assets linked to the Ethereum (“ETH”) blockchain; (b) “Platform” refers to the digital site that the Product is sold (i.e., https://cryptopop.club); (c) “Own” refers to the purchase or otherwise legitimate acquisition of an NFT, where evidence of purchase is recorded on the selected blockchain.
2.2. BY ACCESSING AND/OR PROVIDING INFORMATION TO, OR OTHERWISE USING THE PLATFORM, YOU ARE AUTHORIZING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS TERMS OF USE. CRYPTO POP CLUB WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS OF USE WHERE THE DELAY OR FAILURE RESULTS FROM ANY CAUSE BEYOND ITS REASONABLE CONTROL.
2.3. We may amend these Terms of Use by providing a new version online. You agree and acknowledge that all agreements, notices, disclosures, and other communications that Crypto Pop provides to You, including these Terms of Use, will be provided in electronic form.
2.4. You agree that accessing the Platform and Owning NFTs are only for personal and non- commercial purposes, with no other financial use or intention. If You are required to register an account with us or any such third party, You agree to provide accurate and up-to-date personal information. Company reserves the right to save up to 77 NFT from the collection for its own use.
2.5. PROVIDED NFTS: The NFTs provided may include additional functionality, content, or access to goods, services and/or experiences; may be unique or part of a series; may be subject to additional terms or qualifications as stated in the description of the NFT; and are subject to applicable laws as in effect from time to time. There can be no guarantee for their present or subsequent value and/or, transferability and/or marketability.
2.6. OWNERSHIP OF NFTS: You agree that You Own that NFT according to the description which follows that NFT. Crypto Pop may utilize third party platforms or Wallet (which may belong or operated by third parties) to sell NFTs. You agree to obey the terms or privacy policies of third parties. Additionally, You agree that You are responsible for any loss, damage to and/or loss of access to the NFT You Own and neither the Company nor any of its affiliates shall have any liability in such circumstances, regardless of cause.
2.7. TRANSFERABLE NFTS: An NFT that You Own may be transferable, unless declared otherwise.
2.8. DIGITAL PURCHASE: You have adequate understanding of the function, usage, storage, transmission devices and other material qualities of cryptocurrency, blockchain technology and blockchain-based software systems and the risks and implications of purchasing the Product digitally. Subject to the terms herein, in order to purchase an NFT you will be required to transfer the NFT Price to Company’s Wallet, and you will be awarded with the requested NFT ("Purchase" and "Purchased NFT"). In order to Purchase an NFT you will need a third party provided digital wallet which allows you to perform transactions registered over the blockchain ("Wallet"). Your Wallet details will be associated to your account with us. Your use of the Wallet is subject to the third-party Wallet provider's terms and conditions governing use of that third party's service and that third party's Personal Data collection practices. Without derogating from the terms herein, you are solely responsible for the security of your Wallet and all activity associated with it, even if such activities were not committed by you. You represent and warrant that the Wallet belongs to you and is intended for your individual use. To the fullest extent permitted by applicable law, Company will not be liable for any losses or damage arising from unauthorized use of your Wallet, including without limitation, in case you lose access to your Wallet. Each Purchased NFT will be subject to perpetual royalty payments to Company for every secondary sale of the Purchased NFT (including to downstream purchasers), equal to ten percent (10%) of the value of such secondary sale, subject to the terms herein and as incorporated under the smart contract embedded in the NFT ("Royalty").
2.9. TAXES AND FEES: You are solely responsible for understanding what, if any, taxes apply to Your NFT transactions. We are not liable for determining the taxes that apply to Your transactions on the Platform or other marketplace transactions. Please be advised that when You transfer NFTs to another Wallet or purchase an NFT using OpenSea or other Platforms, You are required to have sufficient ETH in Your Wallet to pay for a gas fees. Additionally, to allow us to determine our tax obligations, You agree that we rely on Your IP address. You are required to inform us if Your IP address does not reflect Your country of residence.
2.10. TRANSACTIONS: Transactions made with the Company, including purchases of the NFT, must be processed through the Ethereum blockchain network and without any warranty for the fluctuation of the value of ETH. Please be advised that we have no authority of these transactions and we do not allow for refunds of any purchase made through the Platform or third-party Platform.
3. LIMITATION OF LIABILITY
3.1. BY NO MEANS IS THERE A WARRANTY FOR THE PLATFORM OR NFTS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. UNLESS OTHERWISE DECLARED IN WRITING, CRYPTO POP CLUB AND/OR OTHER PARTIES, PROVIDE THE PLATFORM AND NFTS “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR NONINFRINGEMENT.
3.2. EXCEPT AS REQUIRED BY NONWAIVABLE PROVISIONS OF APPLICABLE LAW OR AGREED TO IN WRITING, CRYPTO POP CLUB SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PLATFORM OR ANY NFTS OR ELEMENTS THEREOF (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES), EVEN IF YOU OR OTHER PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.3. We reserve the right to issue new NFTs and associated goods hereafter. The Company may save and reserve an undefined amount of NFTs for the benefit of the community.
3.4. PRICING: Each NFT will be priced at various prices in ETH (as described above) as determined by Crypto Pop Club in our sole discretion and displayed on the Platform at the time of purchase, inclusive of all relevant NFT minting and “gas” costs.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. Upon ownership of the Products, You acknowledge and agree that Crypto Pop Club own all rights, title and interest in and to any artwork, designs, drawings, photographs, labels, logos, insignia, trademarks, trade dress, copyright and associated virtual and physical materials and all Intellectual Property rights therein.
4.2. You agree that all Crypto Pop Club Intellectual Property is secured by copyright, trademark and other applicable intellectual property rights. You agree that all Intellectual Property may not be used by You except as authorized. Crypto Pop does not allow, by any means, estoppel, or otherwise, any license or right to use any Crypto Pop Club Intellectual Property.
4.3. GENERAL GRANT OF LICENSE: We reserve the right to grant You a limited, non- exclusive, non-transferable, revocable license to access and use the Platform and any NFTs that You Own for Your Own personal, non-commercial use only. You may not use the Platform for any unlawful purposes.
4.4. PROPRIETARY NOTICES: You agree that You shall not remove any proprietary notices or labels on or in the Crypto Pop Club Intellectual Property and/or not modify or evade any technologies or mechanisms to deliver or protect the NFTs.
5. TERMINATION
5.1. We reserve the right to amend, suspend or terminate the NFTs or the Platform (or any parts of our Product on another Platform) with or without notice at any time; provided, however, that we will use reasonable efforts to provide advance notice of such action. Crypto Pop, including, without limitation, shall not be liable to You or any third party for any amendments, suspension or termination of the NFTs or the Platform.
5.2. At any time, we may, for any or no reason, without notice or liability, immediately terminate Your access to all or any part of the Platform and any NFTs and/or accommodations. Termination may include, but not be limited to (a) removal of Your access to NFTs on, the Platform (b) the deletion of all account information related to the NFTs from the Platform, and (c) limit any further use of or access to the Platform by You.
6. INHERENT RISKS WITH DIGITAL ASSETS
6.1. GENERAL RISKS: There may be risks accompanied by utilizing digital assets such as NFTs and cryptocurrency, including, but not limited to, the risk of hardware, software and internet connections, the risk of virus introduction, and the risk of third-party unauthorized access to information stored within Your Wallet. You accept that Crypto Pop will not be liable for any disruptions, errors, distortions, or any of the listed risks You may encounter when using the Ethereum blockchain network, Company Platform or marketplace, however caused.
6.2. TRANSACTIONS: You agree and acknowledge that Crypto Pop Club will not be responsible for the risks of engaging in any transactions relating to Your NFTs with third parties (e.g., transferring Your NFT from a third party on any so-called “secondary market”).
6.3. USE OF BLOCKCHAIN: The Platform does not store, send, or receive. Any transfer of NFTs appears within the ETH blockchain, and not on the Platform. You agree and acknowledge that we will not be liable for any loss of access to Your NFTs as a result of purchaser error, mining attacks, hacking, security weaknesses, fraud,
6.4. REGULATORY UNCERTAINTY: You agree that we will not be liable for the risk of amendments to the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens and new regulations, unfavorable regulatory intervention in jurisdictions or policies any of which may negatively affect the use and value of the NFTs.
6.5. ANTI-MONEY LAUNDERING: Crypto Pop Club holds an anti-money laundering regulation. You agree to comply with all related compliance procedures as required by Crypto Pop.