Terms & Conditions
- Whereas, Mutant Shiba Club is an Ethereum blockchain-based NFT minting platform that is providing its services through its website; and
- Whereas, these Terms and Conditions have been drafted to provide information regarding rules, regulations, and conditions set by Mutant Shiba Club and associated non-fungible tokens for their website and to provide the information through which users can avail of its services.
- Whereas, Mutant Shiba Club is a website and digital platform owned and governed by Metaverse Gaming LLC, a US-based company; and
1. TERMS AND CONDITIONS
1.1. Availability Of Services
On our website, we have made available our services through which users of Mutant Shiba Club will be able to purchase, own and mint Non-Fungible Tokens (“NFT”). The minted NFTs are called Mutant Shiba Club, MSC Antidote, and Mitotic Shiba Club which are blockchain-based digital assets created with the aim of a club and owning the artwork. Additionally, the users/owners of these NFTs will be able to sell their collections through third-party platforms. Please note that all the users of these NFTs are solely responsible for managing, securing, holding and protecting their own NFT collections. Users are also responsible for validating all transactions and contracts generated by this website prior to approval. Since a large part of blockchain-related services runs on a smart contract that runs on blockchain networks, there will be no undoing, reversing or restoration of transactions. Purchasing of any crypto or blockchain-related services done by this website and/or sponsors and other directly or indirectly related websites/services will be under the user's responsibility. In no way shall we be responsible for any losses, wrong transactions, gas fees, unapproved transactions, website lags, delayed or uncompleted transactions done by any kind of errors resulting from the network or its users. Our services are sold “as are” and based on availability without a warranty of any kind. To access all perks of our platform, you can also connect your wallet. You acknowledge that connecting your wallet to this website and/or its 3rd parties would be your responsibility, and we are not responsible for handling or protecting or compensating your NFTs or wallet from losses, or cyber-attacks. By connecting your wallet to the platform Mutant Shiba Club, you are accepting the rules and conditions stated on this website. Purchasing and selling of any NFTs and any other digital assets or any services provided by this website and any of Mutant Shiba Club's website-related sponsors, partners or any other form of investment directly or indirectly related to websites/services will be under the user's responsibility. In no way or shape, is Mutant Shiba Club responsible for any losses, wrong transactions, transaction fees, unapproved transactions, website lags, or delayed or uncompleted transactions done to any kind of errors resulting from the network or its users.
1.2. User Acceptance
By using our services, and website, and obtaining and possessing any land or assets, you have engaged in our service and you confirm to be bound by the terms and rules stated herein including the rules and terms. You agree that you have read these Terms and Conditions including our risk disclosure statement and other policy posted on or through our website and you agree that you will not break any terms or rules stated in any of our policies. Moreover, as the transactions on our website run on the Blockchain network, therefore the transactions that have been processed cannot be undone, reversed or restored by using any of the services offered by our website. You hereby acknowledge and accept responsibility for all transactions involved with digital collectibles offered by our website.
1.3. End-User License Agreement (“EULA”)
- Only users who are at least the age of 18 are eligible to use the services of our website. In case of a person who is under 18 must need an adult parent or guardian's approval and supervision for project submission.
- The services of our website are not for the people who have been previously convicted of wire fraud, hacking, data stealing and/or others who have been banned from using computers by any competent authority.
3. DEFINITIONS AND EXPLANATIONS
- On our website the following terms shall have the following meaning: “Applicable Laws” means all laws and regulations applicable to finance-related matters.
- “Asset” Or “Digital Asset” means the NFTs created by Mutant Shiba Club. The Asset/Digital Asset also means any non-tangible assets, fungible, digital property or any other services available through the Mutant Shiba Club platform or website.
- “Blockchain” unless otherwise mentioned Blockchain shall mean the Ethereum network.
- “Currency” for the purpose of Mutant Shiba Club would be any usable currency for buying or selling of assets on the Mutant Shiba Club platform.
- “EULA” means End User License Agreement.
- “NFT”. Unless explained otherwise NFT shall only mean the Mutant Shiba Club NFTs.
- “Payment Methods” mean the methods under which funds can be deposited on our website.
- “Platform” means the website of Mutant Shiba Club.
- “Service” means the service attainable through our website in any perceivable form.
- “Smart Contracts” are the programs that run on the blockchain after certain conditions are met.
- “User” or “Owner” means anyone who is registered on our website. This includes buyers, users, members, clients, customers, and visitors.
4. END-USER LICENSE AGREEMENT (“EULA”)
All the terms in our Terms and Conditions and any other information provided on and through the platform of Mutant Shiba Club as well as any other linked service of Mutant Shiba Club constitute an agreement between you and our website. For the purpose of our NFTs and digital goods including our non-fungible digital assets, this agreement shall be constituted as an End User License Agreement. These terms of this agreement shall apply to you as a user, assets holder or collector, or anyone who has used our services in any way. These terms also shall apply to all other content and services and products available at or through our website. All the terms on this website such as “we”, “us”, “our”, and “website” refer to Mutant Shiba Club and to the creator and copyright holder of our website. The information is available on this website to you (“user”, “buyer”, “registered member”) through these Terms and Conditions and conditioned on your acceptance of the terms, the policies, and everything else posted here. By visiting our website, buying any of our assets, or using any of our services, you have engaged in our service, and you are bound by the terms and rules of the website. Read these terms carefully.
The Mutant Shiba Club NFTs and digital assets stemming from, or any other in-app assets are intangible assets that are owned by the buyer who has purchased them within the limits of Mutant Shiba Club after Ethereum-based verification. The users and buyer rights are only linked to the digital arts available through or on our website and they can sell, hold or commercialize (subject to some royalty fees) their Mutant Shiba Club NFTs. As a user of our platform and owner of Mutant Shiba Club NFTs, you hereby acknowledge, affirm and confirm that you are solely responsible for your conduct while participating in the purchase or sale of all NFTs or any other digital assets. You further acknowledge that you are responsible for minting any NFTs and any liability that may be resulting from that particular NFTs. It would be your responsibility to deal with the ownership of NFTs, smart contracts and any derivations including audio, videos, domains, articles, content or any other form of media where your NFT(s) get featured.
Subject to the Terms and Conditions stated in this document all owners of Mutant Shiba Club are granted the following licenses:
- Personal Use. Subject to your continued compliance with these Terms, Mutant Shiba Club grants you a worldwide, royalty-free license to use, copy, and display the purchased Art, 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 your Mutant Shiba / NFT, provided that the marketplace cryptographically verifies each Mutant Shiba owner's rights to display the Art for their Mutant Shiba 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 Mutant Shiba, provided that the website/application cryptographically verifies each Mutant Shiba owner's rights to display the Art for their Mutant Shiba 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 Mutant Shiba leaves the website/application.
- Commercial Use. Subject to your continued compliance with these Terms, Mutant Shiba Club grants 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 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 Mutant Shibas generally, provided that the marketplace cryptographically verifies each Mutant Shiba owner's rights to display the Art for their Mutant Shiba 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 Mutant Shibas generally, provided that the third party website or application cryptographically verifies each Mutant Shiba owner's rights to display the Art for their Mutant Shiba 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 Mutant Shiba leaves the website/application; or (iii) earning revenue from any of the foregoing.
Please note that you can showcase and display your merchandise, art and NFTs at any marketplace that can verify the rights of either the original owner or original copyright holder under which such owners or copyright holders can display their respective NFT collections. Please note that the licenses for personal and commercial use are also for any third-party websites and applications that allow Mutant Shiba Club integration to display the NFTs provided that all transactions are verifiable through crypto-based smart contracts.
5.1. Copyrights And Intellectual Property Rights
All copyright and other rights in and to the source code, design, logos, commercial ownership rights, applications for mobiles or web, programs, databases content files, and all written, audio, video and visual works shall be and remain the sole and exclusive property of Mutant Shiba Club. Unless otherwise authorized no one can publish, copy, modify, display or sell any intellectual property related to Mutant Shiba Club.
By using our services, you as a user understand that you will not use the Mutant Shiba Club NFTs to:
- Promote or encourage, illegal or unlawful activity anywhere.
- You will not infringe upon or violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights of others.
- Associate our NFTs with pornography, hatred, abuse, animal cruelty and illegal activities.
- Use the Mutant Shiba Club NFTs in a defamatory, libelous or slanderous manner.
5.2. Fees and Payment
All financial transactions are conducted through the Ethereum network and since we do not have any control over crypto-based transactions, therefore, all payments, charges, fees, and transactions will not be under the control of Mutant Shiba Club and henceforth we cannot be responsible for any issues arising out of such transactions. It would be your responsibility to perform such transactions and own any associated risks.
5.3. Additional Fees
All users and NFT owners/holders will also pay a royalty fee if applicable. The calculation of the fee will vary depending on the type of transaction. Additionally, there are also going to be additional fees that are charged at the beginning of the transaction. These fees are otherwise called “Gas Fees” and these are required by the blockchain networks to verify the transactions and smart contracts. Please note that the Gas Fee is not controlled or included in the price of the NFTs.
All users are responsible for all taxes, duties or government fees related to their respective NFTs by themselves, and in no way shall we be responsible for any taxes that may result from selling or buying any of our NFTs.
6. REFUNDS AND CANCELLATIONS
Since our services are based on smart contracts being conducted on blockchain for which there are no reversals, henceforth there are no refunds granted. Certain jurisdictions and regulations have user and consumer rights under which the refunds of goods or services are mandatory. Please note that our refund policy does not prevent, exclude or take away users' rights as a consumer under their jurisdiction's respective regulations. All users hereby acknowledge that our liability for the sales or purchase provided to an entity defined as a consumer under the regulations is governed solely by the regulations and these terms. Subject to your rights as a consumer, we exclude all express and implied warranties, and all material, work and services (including the selling and purchasing of any assets through the Mutant Shiba Club website) are provided to the users without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
7. USERS ACKNOWLEDGEMENTS
By using any or all of our services you affirm, confirm and acknowledge that:
- You understand that the price of blockchain assets is correlated (directly or indirectly) with many factors, such as general demand and cryptocurrency prices and we have no control over.
- You are a mentally fit person who understands the risks of crypto markets, NFTs and investment factors.
- You will not use or attempt to use another user's linked wallet.
- Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access;
- Use our website/platform to carry out any illegal activities in connection with or in any way related to your access to and use of the Service, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the blockchain platform or the services.
- You can withstand the loss of profits, deposits, and investments and we are in no way responsible for your actions.
- It will be up to you to discern any or all risks on your own related to forex and financial markets.
- You affirm, confirm and acknowledge that you will be responsible for all laws and regulations related to the transactions you are going to be making related to blockchain and cryptocurrency and you will not otherwise be subject to any restriction prohibiting access to crypto markets and imposed by the laws and regulations of your jurisdiction.
- You understand that the loss of your deposit might mean that you may never gain your money again and we will not be liable for that.
8. RISK DISCLAIMER AND BLOCKCHAIN DISCLOSURE
The following are your acceptances and acknowledgments:
- All blockchain assets are highly volatile and their effect on prices cannot be predicted. Fluctuations in the price of other digital assets could materially and adversely affect the value of all assets including digital assets purchased through Mutant Shiba Club, which may also be subject to significant price volatility.
- Problems resulting from blockchain-based transactions will be the responsibility of the user since we do not have any control over any transactions.
- Depending on your geographic location, there might be regulatory risks involved with all crypto investments. This is beyond our control and the users of our services are responsible for any regulatory checks and the impact of such checks on the value of their investments.
- Any risks associated with the hardware, software or equipment malfunctions will be your responsibility.
8.1. Risk Disclosure
Investment and trading in blockchain technology, p2p markets, and crypto markets are highly speculative and volatile and are only suitable for the users, clients and customers who understand and are willing to assume the economic, legal, financial and other risks involved, and are financially able to assume losses up to or in excess of margins, investments, and deposits. During risk assessments by various firms and authorities, it is often noted that blockchain technology carries certain risks the probability of which is happening a lot more as compared to fiat-based or real estate investing. These factors may include (but are not limited to) blockchain-facing problems due to technical issues, policy and legal issues, financial issues and political issues.
By using our services as a user/buyer, you hereby clarify that you understand and acknowledge all risks and that you are willing to deposit your investment and otherwise assume the risks of any investment or spend any of your money that you may choose to make based on Mutant Shiba Club's platform, materials offer and advise in general and you hereby disclaim the website of Mutant Shiba Club from all legal claims and obligations.
9. INVESTMENT DISCLAIMER
There is no assurance or guarantee in crypto markets and blockchain assets therefore there is no guarantee that goals for any profits you might have planned will be achieved. As with any money market, crypto markets depend on various factors, variables, currency, economic, political, and business risks, and situations and therefore should be considered highly risky and volatile. We do not make any promises that your investments will be profitable at all and any promises or assurances provided on our website are just indicative and are based on past trends and there is no assurance or guarantee of any kind that these returns will be achieved. The past performance of any of the crypto data on our website does not indicate the future performance of the same token or digital asset. Therefore, the owner(s), CEO, and associates of Mutant Shiba Club will not be responsible or liable for any loss or shortfall resulting from the operation of any blockchain related to our website and its services.
10. UNFORESEEN EVENTS AND FORCE MAJEURE
Any act or situation which is beyond our control is known as a “Force Majeure Event”. In such a circumstance, we are not liable for any failure to perform or delay in the performance of our obligations under our general terms. Any act, event, non-happening, omission, or accident beyond our control includes (but is not limited to):
- Strikes, lock-outs, or other industrial actions that may cause network disruptions.
- Civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters.
- Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
- Interruption or failure of utility service (including the inability to use public or private telecommunications networks).
- Failure of any workforce availability due to any reason.
- The acts, decrees, legislation, regulations, or restrictions of any government.
We will use our reasonable endeavors to bring any Force Majeure Event to a close or to find a solution by which our obligations under the general terms or any related contract between us may be performed despite the Force Majeure Event.
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
12. CHANGES TO THE TERMS AND CONDITIONS
These terms, rules, and conditions, can be changed at any time or we may at our sole discretion modify or replace any statement of these terms. If you continue to use or access this website and its services after the changes, updates or modifications then it shall be considered your consent to those changes, updates or modifications. Therefore, make sure to check our documents periodically for the updates and changes herein.