Terms & Conditions

1. Definitions

Artwork: refers to the drawing and the graphic content owned by the ElrondNFTProjects Team and licensed to the Purchaser under this Contract.

Company: refers to the ElrondNFTProjects as a team as defined in the legal notice above. Parties: refers to the Purchaser and the Company and “party” refers to one of them.

Purchaser: refers to any person who subscribes to the NFTs’ sale on the website.

Terms and Conditions ("T&Cs”): refers to this Contract, which constitutes a legally binding agreement between the Purchaser and the Company, governing the purchase of NFTs in the context of the sale.

NFTs: refers to the non-fungible tokens issued by the Company which represents artwork based on the ElrondNFTProjects collection. Sale: refers to the issuance of NFTs by the Company from the website.

You: refers to You as the current Purchaser of the sale and party of these Terms and Conditions.

Website: refers to all content and services of the Company accessible from the elrondnftprojects.com domain, its linked domain and subdomains.

2. Acceptance

Acceptance. By participating in the sale, You accept and agree to these Terms and Conditions without any condition or restriction.

If You do not agree to this Contract, You shall not participate in the sale made by the ElrondNFTProjects.

Capacity. You confirm that You have the legal capacity to receive and hold and make use of the NFT under any other relevant jurisdiction.

3. Purpose

These Terms and Conditions are related to the sale of NFTs by the Company (the “ElrondNFTProjects Team”) on its website. It solely governs the Contractual relationship between You and the Company regarding the sale and any related Contract.

4. The sale

The Company offers NFTs featuring the Oni Mask collection.

To release the NFTs and fund the project, the Company offers NFTs from a dedicated website ("One of the NFTs market place"). The web address of this website will be given at the time of the mint. The NFT acquisition does not confer any rights on the Company or in the future development.

Price. The NFT’s price is determined before the moment of Your purchase. You expressly agree that the price is subject to changes. The price changes will be announced before selling them.

Purchasers own the NFT. Oni Mask is an NFT on the Elrond blockchain. When You purchase an NFT, You own the Oni Mask art completely. Ownership of the NFT is mediated entirely by the Smart Contract and the Elrond network: at no point may we withdraw, seize, freeze, or otherwise modify the ownership of any Oni Mask.

ElrondNFTProjects allow the Purchaser to grant total ownership of the NFT, license to use, copy, display, trade and sell the purchased NFT.

By participating in the purchase of NFT, the buyer confirms that he/she is in compliance with the regulations of his/her country. For further information on the sale, please consult the Company’s website, discord and twitter or contact the Company according to the article 8 "Contact" below.

5. Warnings

Participating in the sale is a risky operation, and therefore it is only aimed at experienced Purchasers who are used to blockchain technology and NFTs.

By accepting this Contract, You acknowledge (I) having the necessary knowledge and understanding of the blockchain technology and the NFTs, and (ii) understand the risks associated with blockchain-based software systems and NFTs as described hereof and in the current Contract.

Economic risks. You understand that the purchase of NFTs can be affected by economic risks, including but not limited to partial or total loss of value.

Technological risks. You understand that the NFTs’ purchase can be affected by technological risks, including but not limited to security error or failure allowing and/or resulting in hacking and stealing of Purchaser and/or website data; stealing or loss of the Purchaser external wallet private key or his access to the website; risks associated with blockchains protocol and lack of transparency in NFTs industry and marketplace.

Legal risks. You understand that the NFTs’purchase can be affected by legal risks, including but not limited to the lack of regulation and the subsequent lack of any guarantees associated with NFTs sale and exchange services ; the risk of being legally prohibited or restricted in Your country; any amendment of the applicable legislation, regulations, opinions, decisions, injunctions, that may impact the existence, lawfulness, or status of NFTs, the project or the sale.

Risks related to the project. You understand that the project can be affected by threats, including but not limited to total or partial economic and/or technical failure of the project, including but not limited because of its early stage of development; a change in the development strategy of the project or the modification of the properties attached to the NFTs.

Unforeseen risks. You acknowledge and agree that there are significant other risks that the Company cannot anticipate since NFTs are new and untested.

The Company will not be held responsible for any damage related to the risks mentioned above. By accepting this Contract, You acknowledge having read and understood the warnings.

6. Purchaser’s Obligations

By accepting the current Contract, You undertake to:

To the fullest extent permitted by applicable law, You undertake to indemnify, defend and hold harmless the Company from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to (I) Your subscription or use of the NFTs; (ii) Your responsibilities or obligations under this Contract; and (iii) Your breach of this Contract.

You may not infringe the reputation of the Company or any of its interests.

7. Company’s Liability

Company undertakes to act with the care normally expected from a professional in his field and to comply with the best practice in force. The best endeavor obligation only binds the Company.

Limitation. Subject to any applicable contrary law, You may only incur the Company's liability if You prove that (I) the Company acted wrongfully and intentionally and (ii) exclusively if this behavior caused You specific, personal and direct damage.

Exclusion. Subject to any applicable contrary law, the Company should not be liable for any direct or indirect damage resulting from:

Any name assigned by a Purchaser to any of the NFTs he owes, in particular if such name infringes the rights of a third party, is defamatory, abusive, obscene, offensive, violent or encourage violence;

The failure, non-performance or non-implementation of the NFTs and/or the project;

The partial or total loss of the value of NFTs;

Any breach of this Contract by the Purchaser or a third party controlled by the Purchaser;

Loss of control for any reason whatsoever (loss, hacking, technical failure, etc.) of the Purchaser’s login credentials;

Temporary or permanent suspension of the project, for any reason whatsoever, including due to a request from the public authorities, judicial authority or any third party;

Any failure of the computer and software used by the Purchaser;

Any damage that occurred beyond the control of Company: internet network, failure specific to the Purchaser’s equipment, etc.;

Any risk described in the present Contract.

Force majeure event. The parties expressly agree that a failure of a blockchain protocol or technology (e.G., a wallet) will be considered as a force majeure event. If a force majeure event occurs, the Company shall notify the Purchaser as soon as possible of such an event preventing the normal execution of the sale.

8. Amendment or Update

At its sole discretion and without prior notice, the Company may amend, change, update or add to the current Terms and Conditions.

In this event, You will receive a notification and have the right (I) to accept the update or (ii) to stop participating on the sale. If You continue to participate, You are deemed to have accepted the amendment.

9. IP Rights

The Company owns and retains all intellectual property rights, interests, and titles to the full extent and without limitation on the website, the project, the NFTs and all elements.

You acknowledge without limitation that all intellectual property rights mentioned on the website are the sole property of their respective owners. References to any product, platform, third-party service do not constitute recommendations or endorsements from the Company regarding them.

10. Privacy

10.1 Personal Data

Information which directly or indirectly identifies Purchasers ("Personal data") is processed by ElrondNFTProjects in connection with the participation on the sale, including by means of cookies. To this end, the Company has implemented and maintained physical and technical measures that reasonably and appropriately protect the confidentiality, integrity, security and availability of the Purchaser’ personal data.

By participating in the sale and accept the present Contract, the Purchaser agrees and authorizes the Company to share, if and when necessary, the personal data with any trusted third party (which may be located in a non-eu jurisdiction but providing an equivalent level of protection across the european union) for the sole purposes of the sale. Besides, the Purchaser acknowledges that the Company may be required to provide the covered data to any regulatory bodies or administrative authorities if required by law.

Pursuant to the GDPR, the Purchaser shall be entitled to request access to, rectification, erasure of his own personal data, or restriction of processing concerning the Purchaser or to object to processing. As far as technically possible, the Company will enable the Purchaser to exercise his rights. To do so, the Purchaser shall notify in writing his request to the Company, with a copy of its signed ID document.

10.2

You may not use our products for any illegal or unauthorized purpose nor may You, in the use of the service, violate any laws in Your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at Your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is Your responsibility to monitor changes to our site.

We reserve the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our website. It is Your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms of service constitutes acceptance of those changes.

11. Right of Withdrawal

Express waiver and agreement. By purchasing the Company's NFTs, You accept that You will not have any right of withdrawal or cancellation right of the NFTs' purchase, without any restriction or condition.

12. Non-waivers

Any failure of the Company to exercise or enforce any right of these Terms and Conditions will not constitute a waiver or a limit of such right.

To waive any of its rights, the Company shall solely (I) expressly and (ii) in writing waive its right.

13. Entire Agreement

These Terms and Conditions constitute the complete and exclusive understanding and agreement the Company has with You regarding the sale. They shall supersede any prior agreements, including in the event of a conflict.

14. Contact

If You have any questions regarding this Contract, please contact the Company at the following address elrondnftprojects@gmail.com

15. Language

This Contract is written in English. In the event of a dispute, only the English version shall prevail.

Amicable Settlement

In a dispute, the Purchaser agrees to seek an amicable settlement before any legal action. The Purchaser undertakes to inform the Company at the following address: elrondnftprojects@gmail.com . He shall specify its contact details and provide any information allowing us to appreciate the origin and the implications of the dispute.

Dispute

No legal action may be brought against the Company without prior formal notice by registered letter acknowledging receipt (“LRAR”).