These are the terms and conditions on which we make Mutant Cartel Oath NFTs available, please read them carefully. They explain:
The Mutant Cartel Oath collection includes 2,166 digital artworks on the Ethereum blockchain granting holders access and benefits within the Mutant Cartel universe.
In 2022 an initial collection of Genesis Oath NFTs were minted as ERC-1155 tokens consisting of ‘Pledge’ and VIP’ variations collectively called Genesis Oath.
If you have a Genesis Oath, you can use it to claim a Mutant Cartel Oath, as explained in these Terms. More information is available on our website: www.mutantdao.com/faq.
Follow the instructions on our website (www.mutantdao.com/mutant-hounds-lair) to connect your wallet and submit a mint transaction on the Ethereum blockchain, which will generate your Mutant Cartel Oath(the “MINT”).
Ethereum applies a “gas” fee which you must pay directly to the network. Depending on the amount of gas you use, Mints may fail or take a while. We have no control over that. Your Mint is only accepted if you pay enough gas for the transaction to complete.
By initiating your Mint to request a Mutant Cartel Oath, you agree to these Terms which form a binding contract between you and us.
Consumers typically have a right to change their mind for a refund when buying services or digital content online, but by initiating a Mint you request that we begin the process immediately and acknowledge you cannot change your mind or cancel.
Once the Mint completes, your Mutant Cartel Oath, including details of the artwork assigned to it, will be sent to your wallet.
Art for your Mutant Cartel Oath will normally be revealed as soon as the Ethereum network processes your Mint. A contract is complete once you have received your Mutant Cartel Oath.
If you are a consumer, we are under a legal duty to supply products and services in conformity with our contract with you. Nothing in these terms will affect your statutory consumer rights and if you buy something from us which is faulty or misdescribed you may have a legal right to end the contract (or to repair, replacement, or compensation).
You can ask us to repeat or fix a service if not carried out with reasonable care and skill or get some money back if we can't fix it. You're entitled to repair or replacement for faulty digital content, or to some or all your money back. If faulty digital content can't or won’t be fixed in a reasonable time without significant inconvenience, you may be entitled to some or all your money back. If you show a fault has damaged your device and we haven't used reasonable care and skill, you may also be entitled to a repair or compensation.
This Part 2 only applies if you purchase directly from us. Please refer to Part 5 for how to get in touch with us in the event of questions or concerns.
If you acquire a MUTANT CARTEL OATH, you do not own the associated artwork, which remains our property. However, we grant individual holders of Mutant Cartel Oaths certain rights over the artwork associated with their NFT (the “ART”) while they hold it.
In these Terms you “hold” an NFT while a wallet you control is recorded on the Ethereum blockchain as the current owner of that NFT.
Subject to your continued compliance with these Terms, if you hold a Mutant Cartel Oath, we grant you a worldwide, non-exclusive, revocable, royalty-free licence to use, copy, and display the associated Art (i.e. Art for the Mutant Cartel Oath you hold) as set out in the table below.
If you transfer your Mutant Cartel Oath out of your wallet, you lose all Holder Rights mentioned above, which will normally transfer to the new owner.
Make personal, non-commercial use of the Art without allowing others to use it (e.g. display on your own site)
List it on marketplaces which help promote & sell NFTs.
Use it with websites or applications which allow NFTs to be included, involved, or to participate, in functionality they offer (e.g. your Mutant Cartel Oathas a character in a third party game).
These only apply if marketplaces, websites, or applications use cryptographic verification to ensure only the holder of an NFT can display it and Art is no longer displayed once the holder stops using the marketplace, site or application.
You agree not to do any of the following, or to allow or help anyone else to do any of the following, unless we have approved it in advance in writing:
“ILLICIT USES” above include any use which is libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive or otherwise objectionable or unreasonable or infringing upon any laws or regulations or intellectual property rights or proprietary rights or confidentiality obligations, along with any use in connection with images, videos, or any other media which depicts or could reasonably be found to constitute hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech.
To the extent Art contains Third Party IP you agree: (a) you will not have the right to use Third Party IP in any way except as incorporated in the Art, and subject to these Terms; (b) depending on the nature of the licence granted from the owner of Third Party IP, we may pass through additional restrictions on your ability to use the Art; and (c) if we inform you of such restrictions (including by email or by mentioning them on our website) you will comply with them, and failure to do so will be a breach of these Terms. Restrictions in this section survive expiration or termination of the licence granted in Part 3 or other parts of these Terms. You may be prohibited from obtaining a Mutant Cartel Oath or using any product or service related to them, if you are subject to any governmental or similar sanctions.
“THIRD PARTY IP” means any third-party intellectual property rights including, but not limited to, rights in inventions and discoveries, patents, utility models, rights in designs, trademarks, service marks, trade names, logos, devices, signs, copyrights, associated goodwill, rights in confidential information and know-how subsisting anywhere in the world, whether registered or not.
You may transfer a Mutant Cartel Oaths to someone else only if the transfer complies with the law, you have shared these Terms with the recipient who has accepted and agreed to comply with them, and only if you have not previously breached these Terms and your licence under Part 3 has not been revoked or terminated. If you purchase, accept, or acquire a Mutant Cartel Oath you are deemed to accept and agree to comply with these Terms (excluding Part 2).
The licence granted in Part 3 automatically terminates (and you lose all rights to use the relevant Art) if you breach any of these Terms.
Mutant Cartel Oaths are digital collectibles which are made available solely for entertainment purposes. They are not an investment, nor do they grant any right to financial or other benefits, or participation in or governance of the project, our company or affiliates.
Mutant Cartel Oaths are cryptoassets. When you buy cryptoassets your capital is at risk. Risks associated with cryptoassets include price volatility, loss of capital (the value of your cryptoassets could drop to zero), complexity, lack of regulation and lack of consumer and other protection.
Hardware, software, telecommunications, Ethereum network, and other infrastructure changes, interruptions or failures, along with malicious software, security breaches, and other factors, may affect the utility, availability, value or integrity of cryptoassets like Mutant Cartel Oaths.
Art associated with these NFTs, and the NFTs themselves, may become inaccessible over time. Events outside of our control may mean you are unable to access or use Mutant Cartel Oaths.
By acquiring a Mutant Cartel Oath, you acknowledge the risks described in these Terms, and agree that we shall have no liability if such risks materialise, and nor are we responsible for any transaction between you and any third party or for the consequences of any such transaction.
Mutant Hideout Corp does not operate in a regulated industry. When you acquire cryptoassets, you are not protected by financial compensation schemes or protections typically afforded to investors dealing with regulated and authorised entities.
The following terms apply only if you purchase a Mutant Cartel Oath directly from us:
Otherwise, to the fullest extent permitted by law: (i) we disclaim all warranties, explicit or implied, in connection with Mutant Cartel Oaths, and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness and timeliness; and (ii) the Mutant Cartel Oaths are provided on an “as is” and “as available” basis.
In either case, we are not responsible for delays or defaults outside of our control.
As a holder you are responsible for the safety of NFTs in your wallet. You acknowledge that the decentralised nature of distributed ledger technology (such as the Ethereum network) makes it impossible for us to reverse, cancel, undo or otherwise alter any transaction and/or transfer. You are responsible for transactions through your wallet.
You undertake to indemnify (compensate) and defend us against any claim or action arising out of or in connection with your use of Mutant Cartel Oath(s) or Art other than in accordance with these Terms, including where your use infringes the intellectual property or other rights of a third party.
In all cases (save for “Exclusions” below) our total aggregate liability to you whether in contract, tort (including negligence) breach of statutory duty or otherwise, will not exceed £1,000.
Irrespective of any other part of these Terms, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your mandatory statutory consumer rights; breach of terms implied by paragraph 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or for defective products per the Consumer Protection Act 1987.
We may occasionally make changes to these Terms, including amendments to the scope of the licences we grant under Part 3. We will let you know if changes significantly affect you (for example by posting a notice on our website, from which point such changes shall be effective).
We may transfer our rights and obligations under these Terms to another organisation (such as, but not necessarily, to our affiliates). We will always tell you if this happens (such as by notice through our website) and we will ensure that the transfer will not have a materially prejudicial impact on your rights.
These Terms are governed by English law and you and we agree that disputes under or in connection with these Terms may be brought in the English courts. If you are a consumer and purchased Mutant Hounds directly from us, and you live in a different country, you may be entitled to bring legal proceedings in the courts of your country.
We are Mutant Hideout Corp, a company incorporated in the British Virgin Islands. Our registered office is Floor 4, Banco Popular Building, Road Town, Tortola VG1110, and our company number is 2113863. You can contact us at: firstname.lastname@example.org