Terms of Use
Last updated: June 18th,
2022
PLEASE READ CAREFULLY
Welcome to Clans of Apes NFT Site Owned and operated by the PIXGLOB S.R.O. accessible at www.clansofapes.com. These terms and conditions constitute a legally binding agreement (the “Agreement”) between you (also referred to herein as “You”, “Your” or “User”) and Pixglob ( “we” or “us”), governing your purchase of the Pixglob NFTs as part of the NFT Collection Offering (the “Offering”). By ParticIntellectual Propertyating In this Offering, or accessing and using the NFTs site (including by purchasing any collectibles herein), you are deemed to have read, accepted, and agreed to be bound by these Terms. We may change or amend these NFT Terms at any time at our sole discretion. Any changes to these NFT Terms will be in effect as of the “LAST REVISED” date referred to at the top of this page. You acknowledge and agree that the form and nature of the NFTs site, and any part of it, may change from time to time without prior notice to you, and that we may add new or remove existing features and change any part of the NFTs site.
Pixglob NFT is a Non-Fungible token based on the Ethereum network which uses smart contracts (“Smart Contracts”) as an immutable ledger for all transactions that occurs on the blockchain Network. In simple terms, all Pixglob NFTs purchases are outside of the control of Pixglob and any other party, which are subject to risks & volatilities. To continue to access the Pixglob site, you will need to have a MetaMask, or WalletConnect wallet, you warrant that Pixglob do not own or control these third-party site, including the Ethereum network, or any other third party site, (including third party wallets or marketplaces). You agree that you can access and use these third party platforms to list, purchase, auction or sell Pixglob NFTs Collections (Transaction).
You agree to waive Pixglob for any acts or omissions of any third parties, nor do we be held liable for any damages that you may suffer as a result of your transactions or any other interaction with any third party site. You understand that Pixglob has no control over the transfer, storage, ownershIntellectual Property or maintenance of any Pixglob NFT you own or purchased.
Pixglob mandatory right is includes the right to modify, add or remove, or discontinue, temporarily or permanently, any part of the Services in its own discretion. You agree to waive Pixglob for any acts or omissions for any modification, suspension, or discontinuance of the Services, including in relation to any Pixglob NFT
A Collector (one who holds and/or purchase a Pixglob NFT) is entitled to receive special perks experience, or opportunities as determined by us without any obligation (“Perks”) these Perks benefits will be activated and remain open within 3 years after the Pixglob NFT are first made available for sale (open sale).
There is no representation or guarantee from Pixglob that any Collector will achieve any particular outcome as a result of owning any Pixglob NFT or receive any Perks. We reserves the right, at our sole discretion, to limit, restrict, or deny any Perks to any Collector, including to limit the period of time when a Perk is available, at any time. Perks are not intended to be an endorsement of any project, or NFT. Pixglob makes no recommendation and provides no investment advice in connection with any Perks
You agree to be
responsible for maintaining the confidentiality of your account login and
password, (if any). You also agree to be fully responsible for any and all
activities that occur under your password or account login information. You
agree to
I. immediately notify us of
any unauthorized use of your password or account login or any other breach of
security, and
II. ensure that you properly
log out from your account at the end of each session when accessing the Services.
Pixglob will not be liable for any loss or damage
arising from your failure to these responsibilities.
You must connect your Pixglob account to a digital wallet supported on MetaMask, WalletConnect or other
wallet extensions or gateways as authorized on the Pixglob Services,
to access and use the
Services, including perfoming a Transaction on the Services. These digital
wallets enables you to hold, store, purchase, and engage in Ethereum cryptocurrency,
ETH transactions. When you connect your wallet to a Pixglob account, you
understand and agree that
· you are solely responsible for maintaining the
security of your wallet and your control over any wallet-related authentication
transactions, private or public cryptocurrency keys, NFTs or cryptocurrencies
that are stored in or are accessible through your wallet;
· Any unauthorized access to your wallet by third
parties could result in the loss or theft of your Pixglob NFTs and/or
funds held in your wallet and any associated wallets, including any linked
financial information such as bank account(s) or credit card(s) might be
tampered with;
· Pixglob is not responsible for
maintaining the security of your cryptocurrency wallet;
· Pixglob has no responsibility or
liability to you for any unauthorized access to or use of your cryptocurrency
wallet or if you are unable to locate your credentials;
· If you notice any
unauthorized or suspicious activity in your wallet please notify our support
channel immediately;
The Pixglob project is not targeted towards children. You agree that you are over the age of 18, or above the legal age of your jurisdiction, whichever is greater.
The Pixglob collection
offers its NFTs from a dedicated website ("Sale"). The NFT
acquisition does not confer any rights on the Pixglob site or in the
future development. When each Pixglob NFT is sold, the agreement of sale
is between Pixglob and the first Purchaser. If the first Purchaser
decides to sell a Pixglob NFT it is referred to as (“Secondary Sale”),
then Pixglob will not be a party to any sale agreement between the new
buyer, seller, or (facilitator of the Secondary Sale).
If any owner of a Pixglob NFT (“Collector”) transfers or sale a Pixglob NFT to another (secondary collector),
I. it is your responsibility
as the Collector, to notify the new/secondary collector of the Pixglob Terms and require the new collector to comply with these Terms,
II. the Collector License (as
defined below) will automatically transfer to such subsequent collector, and
such other collector will be deemed the “Collector” (for purposes of such Pixglob NFT and the Collector License to the underlying NFT Intellectual Property (as
defined below)) and will be subject to these Terms, and
III. you, as the seller or one
who is transferring the Pixglob NFT, will cease to have any further
rights to the Pixglob NFT and INTELLECTUAL PROPERTY.
By initiating a purchase
on the Site (including by bidding in an auction), you consent that you are
submitting a binding offer to purchase a Pixglob NFT, you acknowledge that
it is your responsibility to pay all applicable fees associated with such
Transaction, and you authorize us to automatically charge and collect
such fees from your payment type or wallet. If you are an Initial Purchaser,
then all amounts due are to be paid to Pixglob. You acknowledge and
agree that Pixglob receives 10% of every Secondary Sale of every Pixglob NFT (“Royalty”). Pixglob has the right to collect Royalties for every Pixglob NFT sales in perpetuity. As such, if you sell a Pixglob NFT on a
third-party marketplace, you agree to include a statement substantially similar
to the following in the description of the NFT: “10% Royalty Applies.
No refunds shall be
considered except with respect to any statutory warranties or guaranties that
cannot be excluded or limited by law.
You agree to be responsible for any and all value added taxes and charges, imposed by any directive, associated with your purchase of the Pixglob NFTs, or Pixglob Perks (including, without limiting, any tax that may become mandatory as a result of your transfer, ownershIntellectual Property, purchase, or sale of a Pixglob NFT).
The product launch of Pixglob will generative 10,000 NFTs of Clans of Apes that correspond to pieces of art hosted on Ethereum block-chain Network. You acknowledge that the Services may contain features or contents (“Services Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Pixglob retain all right, title and interest in and to the Services, including the technology and software used to provide the Services. The Services are protected by copyright, trademark and other laws. If you violate these Terms, you may be breaking the law, including by violating our intellectual property rights. Pixglob may actively protect its intellectual property rights in the event you violate these Terms (including by seeking injunctive relief). In addition, you agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from the Services.
Any use of the Services other than as specifically authorized herein is strictly prohibited.
Pixglob's name and logos are trademarks and service marks of Pixglob (collectively the “Pixglob Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Pixglob. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Pixglob Trademarks displayed on the Services, without Pixglob's prior written permission in each instance. All goodwill generated from the use of Pixglob Trademarks will inure to our exclusive benefit.
You acknowledge and agree
that Pixglob (obviously and PIXGLOB S.R.O.) owns all legal
rights, title and interest in all intellectual property rights of the content available
with the Clans of Apes NFTs (“NFT Intellectual Property”),
including but not limited to copyrights and trademarks in the said NFT Intellectual
Property. As the copyright owner, Pixglob has the exclusive right to
reproduce, prepare derivatives of, distribute, display, perform and otherwise
exercise and exploit the NFT Intellectual Property, subject to Collector
Licenses.
Subject to continued
compliance with these Terms, Pixglob grants Collector a non-sublicensable,
limited, non-assignable, worldwide and non-transferable (except as part of a
Secondary Sale), royalty-free license to display and use the NFT Intellectual
Property solely for your non-commercial purposes (except as expressly permitted
herein), including the right to display such NFT Intellectual Property privately
or publicly:
(i) for the purpose of
promoting or sharing the purchase of, ownershIntellectual Property of, or Collector’s
interest in such Pixglob NFT,
(ii) for the purpose of
sharing, promoting, discussing, or commenting on such Pixglob Collections or NFT Intellectual Property;
(iii) on third party
marketplaces, exchanges, platforms, or applications in association with a
Transaction of the Clans of Apes NFT; and (iv) within decentralized
virtual environments, virtual galleries, virtual worlds, virtual museums, or
other navigable and perceivable virtual environments (the “Collector License”).
While the Collector has
the right to sell, trade, transfer, or use their virtual worlds, Collections,
the Collector may not make commercial use of the NFT Intellectual Property.
Pixglob hopes to continue to develop this project and community. We have released a roadmap outlining some of the future goals we hope to accomplish. While we intend to work towards those goals, sometimes things happen and we cannot guarantee that this original project will sell out entirely nor can we guarantee future developments. You agree that your purchase of a Pixglob NFT from our initial project is all you are guaranteed to receive with your initial purchase. Any future potential airdrops, community gatherings, or other benefits are ancillary to this purchase and not to be taken into consideration with your initial purchase. You agree that you are not relying on any future commitments by Pixglob in using this site and particIntellectual Propertyating in our NFT launch.
All information on this Site and any contents provided in connection with the Pixglob NFT or Pixglob Perks are intended for information purpose only and do not constitute, and should not be construed as, investment advice or a recommendation to buy, sell, or otherwise transact in any digital asset including any products or services or an invitation, offer or solicitation to engage in any digital investment activity please consult your professional.
In addition, nothing on this Site or any material provided in the site shall, or is intended to, constitute financial, accounting or legal or tax advice. We strongly recommended that you seek a professional investment advice before making any buy decision. Any buy decision that you make should be done after assessing your risks and consultation with your investment adviser.
You agree that you will
not, in anyway permit any third-party to, do or attempt to do any of the
following without the Pixglob's express prior written consent;
(i) Interfere with the Services, servers or networks
connected to the Pixglob Services in any manner that could negatively
affect the users of the Pixglob site or that could damage, disable,
overburden or impair the functioning of the site in any manner;
(ii) violate any applicable state, local, international,
national law, or any regulations having the backing of the law, or which would
involve proceeds of any unlawful activity;
(iii) attempt to access or otherwise obtain any
materials or contents through any means not intentionally made available or
provided for through the site;
(iv) use the Services or any Pixglob NFT or NFT
Intellectual Properties to advertise or offer to sell or buy any goods or
services for any purpose that is not specifically authorized herein;
(v) use the Services or any Clans of Apes NFT or NFT Intellectual Property
to promote any criminal activity or provide instructional material about
illegal activities; (vi) use the Services or any Pixglob NFT or NFT
Intellectual Property to carry out financial activities subject to registration
or licensing, including but not limited to creating, listing, or buying
securities, commodities, options, real estate, or debt instruments.
Our terms and Privacy Policy is a part of our agreement with you. Please read our Privacy Policy, which explains the Services and informs you of our data collection practices.
Following the risks in
selling, purchasing or using the Clans of Apes NFTs. Please be
aware that
· the price and liquidity of cryptocurrency assets,
(Clans of Apes NFTs), are extremely volatile and may be subject
to price fluctuations.
· Lardge fluctuations in other digital assets could
materially and adversely affect Clans of Apes NFTs, which may
also be subject to significant price volatility.
· The Legislative and regulatory changes or actions
at the state, federal, or international level may adversely affect the use,
transfer, exchange, and value of Clans of Apes NFTs. Clans of Apes NFTs are not legal tender and are not backed by any government.
· Transactions of Clans of Apes NFTs
may be irreversible, lost due to fraudulent or accidental transactions which
may become un-recoverable.
· Some Transactions of Clans of Apes
NFTs shall be deemed to be made when recorded on a public ledger, which is not
necessarily the date or time that you initiated the Transaction.
· The value of Clans of Apes NFTs may
be derived from the continued willingness of market participants to exchange
fiat currency or digital assets for Clans of Apes NFTs, which may
result in the potential for permanent and total loss of value of a particular Clans of Apes NFT.
You agree and understand
that You are solely responsible for determining the nature, potential value,
suitability, and appropriateness of these risks for yourself, and that we do
not give advice or recommendations regarding any Clans of Apes
NFTs, including the suitability and appropriateness of, and investment
strategies for, Clans of Apes NFTs. You agree and understand that
you access and use the Clans of Apes NFTs, NFT IP, and Perks at
your own risk.
Your use of the services, Clans of Apes NFTS, NFT IP and perks is at your sole risk. except as expressly provided to the contrary in a writing by Pixglob, The services, perks, services content, and any and all Clans of Apes NFTS and NFT IP are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied.
Clans of Apes NFTS are intangible digital assets. They exist only by virtue of the ownership record maintained in the ethereum network. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within the ethereum platform. We do not guarantee that Pixglob can effect the transfer of title or right in any Clans of Apes NFT.
As the law permits us, in no event will Pixglob or its licensors be liable to you or any third party for any loss of profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms, the site, the services, site content, Clans of Apes NFTs, NFT IP, perks 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, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if they have been advised of the possibility of such damages. access to, and use of, the site, the services, Clans of Apes NFT, NFT IP, perks or third party sites and products are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.
To the fullest extent permitted by applicable
law, you agree to indemnify, defend and hold harmless Pixglob and its
Representatives (collectively, the “Indemnitees”), from and against all actual
or alleged third party claims, damages, awards, judgments, losses, liabilities,
obligations, penalties, interest, fees, expenses (including, without
limitation, attorneys' fees and expenses) and costs (including, without
limitation, court costs, costs of settlement and costs of pursuing
indemnification and insurance), of every kind and nature whatsoever, whether
known or unknown, foreseen or unforeseen, or suspected or unsuspected, in law
or equity, whether in tort, contract or otherwise (collectively, “Claims”),
including, but not limited to, damages to property or personal injury, that are
caused by, arise out of or are related to
I. your use or misuse of the
Site, the Services, Pixglob NFTs, NFT IP or Perks,
II. your violation of these
Terms, or
III. your violation of the
rights of a third party, including another User. You agree to promptly notify Pixglob of any third party Claims and cooperate with the applicable Indemnitee in
defending such Claims.
You further agree that the Indemnitees shall have
the right to control of the defense or settlement of any third party Claims.
THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET
FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US.
You agree that Pixglob, may suspend or terminate your account or access or use to the site or Perks and remove and discard any content within the site, for any reason in its sole discretion, Pixglob may also in its sole discretion and at any time discontinue providing the Services or Perks, or any part thereof, with or without notice. You agree that any termination of your access to the site or Perks under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Pixglob may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the site or Perks. Further, you agree that Pixglob will not be liable to you or any third party for any termination of your access to the Services or Perks.
You agree that you are solely responsible for your interactions with any other Collector or Users in the Services. Pixglob have no liability or responsibility with respect thereto. Pixglob has no obligation, to become involved in any way with disputes between collectors and any other User. If you have any dispute with a collector please contact Pixglob support.
The Materials (including the Clans of Apes NFT) accessible from the Site, the Products, and the Services, and any other website owned, operated, licensed, or controlled by us are our proprietary information and valuable intellectual property and we retain all right, title, and interest in such Materials. No rights, title or interest in any such Materials are transferred to you by reason of the access to the Site, the Products, or the Services.
All Materials, such as text, graphics, photographs, video and audio clIntellectual Propertys, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software are the property of Pixglob or its content suppliers and are protected by international copyright laws.
Should any provision in these Terms be found invalid by a court of competent jurisdiction, the parties however agree that the court would endeavor to give effect to the parties' intentions as reflected in the provision, and any other remain in full force and effect.
You may not at anytime assign the Terms herein without the prior written consent of Pixglob, but we reserve the right assign or transfer these Terms, in whole or in part, without restriction.
These Terms and the NFTs offered herein shall be governed and construed under the laws of The Constitutional Court of the Slovak Republic without regard to its conflict of law provisions.
These Terms and Conditions shall constitute the entire agreement between Pixglob and you (collector) and also govern your use of the site, including the Pixglob NFTs, and Perks. Except as expressely provided herein, these agreement are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
The section titles in these Terms have no legal or contractual effect but are for convenience only. We will provide Notices to you via email Or provide notices to you of changes to these Terms or other features by displaying notice changes on the specific page.
If you have any questions or comments about the NFTs site or these Terms please contact our customer support team at pixglob@protonmail.com