DYSTOPAI TERMS AND CONDITIONS
V1.1 (Last Revised 23 September 2022)
- This website is owned and operated by DystopAI (hereafter referred to as ‘DystopAI’, the ‘Project’, ‘us’, ‘we’ and ‘our’). As noted above, your continued use of our website indicates your agreement to these terms and conditions of use (Website Terms).
- Please read the following Website Terms to understand your rights and obligations when accessing https://dystopai.io/ (hereafter referred to as the ‘Website’ and ‘Site’.
- We may also offer additional products and services from time to time to you. By browsing or accessing our Website, using, holding, owning or distributing any NFTs, and/or using the Services, you agree to be bound by these Website Terms and acknowledge that you have read and understood them. If you do not accept these Website Terms, you must immediately cease using our Website.
- We reserve the right to amend these Website Terms from time to time. Amendments will be effective as soon as such changes are notified on the Website. Your continued use of the Website, NFTs and Services following such notification constitutes agreement by you to be bound by these Website Terms as amended.
- You should regularly review these Website Terms. Where there is inconsistency between the content on the Website and these Website Terms, the Website Terms shall prevail to the extent of any inconsistency.
- These Website Terms constitute the entire agreement between you and us with respect to their subject matter and supersede all prior agreements and understandings between you and us in connection with the Website.
- You accept and acknowledge that in connection with using or accessing the Site, Services and/or NFTs, you will not:
- breach or circumvent any laws, third-party rights or our systems or policies;
- sell any items that infringe the copyright, trademark or other rights of third parties;
- use our Services if you are not able to form legally binding contracts (for example if you are under 18);
- manipulate the price of any item or interfere with any other user’s listings, engaging in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities;
- post false, inaccurate, misleading, defamatory, or libelous content;
- transfer your account to another party without our consent;
- use the contact information of other users for any purpose other than in relation to a specific transaction on the website (which includes using this information to send marketing materials directly to DystopAI users unless the user has given explicit consent to receiving these materials);
- distribute viruses or any other technologies that may harm DystopAI, or the interests or property of DystopAI users;
- use any robot, spider, scraper or other automated means to access our Services for any purpose;
- bypass robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- commercialize any DystopAI application or any information or software associated with such application;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures we use to provide the Services.
Risks associated with cryptography
- You accept and acknowledge each of the following risks:
- You are solely responsible for maintaining the security of your account and control over any usernames, private keys, or any other authentications or codes that you use to access the Site, Services and/or NFTs. Any unauthorized access to your account could result in the loss or theft of NFTs and/or funds in any linked accounts. You understand and agree that you will not hold us responsible for managing and maintaining the security of your account and your Ethereum wallets and accounts. You further understand and agree that we are not responsible (and you will not hold us responsible) for any unauthorized access to, or use of, your account or your Ethereum wallets and accounts.
- The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFTs, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of NFTs will not lose money. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Polygon blockchain. You acknowledge these risks and agree that we cannot be held liable for such fluctuations or increased costs.
- You expressly understand and agree that your access to and use of the Services and the website is at your sole risk and that the website and Services are provided on an “as is” basis without any warranties of any kind. To the fullest extent possible pursuant to applicable law, we, our subsidiaries, parent companies, affiliates, and licensors make no warranties regarding the Site, Services and/or NFTs, or any part of them.
- We do not own or control any of your NFTs. Due to their digital nature, and the nature of cryptography, the NFTs can become corrupted, and links associated with those NFTs can disappear. You understand that this is a risk when using the Services and NFTs, and we will in no way be held liable due to any loss or corruption of an NFT. Furthermore, you understand that we have no control whatsoever over the asset storage or the risks associated with using those storages.
- We will not be liable to you for any losses you incur as the result of your use of any blockchain network. This includes, but is not limited to, losses, damages or claims arising from (i) user error (e.g. forgotten access information (such as passwords, private keys, seeds or mnemonics or incorrectly construed Smart Contracts or other transactions); (ii) server failure or data loss; (iii) corrupted wallet files; (iv) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, or other means of attack against the Platform, the Ethereum network, the Polygon network or any web 3 compatible browser or wallet. We are also not responsible for losses due to blockchains or any other features of the Ethereum and Polygon networks or any web 3 compatible browser or wallet, including but not limited to late report (or no report) by developers or representatives of any issues with the blockchain supporting the Ethereum network, including forks, technical node issues or any other issues having fund losses as a result.
- There are inherent security risks in providing information and dealing online over the internet. DystopAI implements appropriate technological and organizational safeguards to reduce the risk of any security breaches which could result in the accidental or unlawful destruction, loss, alteration, disclosure, or access to your information. We also release periodic updates to reduce the risk of security incidents.
- There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum or Polygon network, however caused.
- A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the DystopAI ecosystem, and therefore the potential utility or value of NFTs.
- Polygon, Ethereum and digital assets could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of DystopAI to continue to develop, or which could impede or limit your ability to access or use the Website, Services or Polygon/Ethereum blockchain, including access to your digital assets or other funds, and new regulations or policies may materially adversely affect the development of the DystopAI ecosystem, and therefore the potential utility or value of DystopAI and its Site, Services and/or NFTs.
- Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using the standards as ERC-20, ERC-721, EIP-2981, EIP-998, EIP-2309 or other bespoke smart contracts, including the DystopAI ecosystem. Similarly, upgrades and changes to the Polygon platform may also have unintended, adverse effects on the DystopAI ecosystem.
- You acknowledge and understand that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies, digital assets and the Site or Services, which could result in the theft or loss of your digital assets or NFTs. To the extent possible, it is intended to update the protocol underlying the Site, Services and/or NFTs to account for any advances in cryptography and to incorporate additional security measures but does not guarantee or otherwise represent full security of the system. By using the Site and/or Services, you acknowledge these inherent risks.
- Our smart contracts are fully verifiable on the blockchain for analysis. That said, you acknowledge that the Site, Services and/or NFTs are subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by us or any third parties. This warning and others provided in these Terms by us is in no way evidence or a representation of an ongoing duty to alert you to all the potential risks of utilizing or accessing the Site, Services and/or NFTs.
- Any use or interaction with the Site, Services and/or NFTs requires a comprehensive understanding of inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills. Any reference to a type of digital asset on the Site or Services does not indicate our approval or disapproval of the underlying technology regarding such type of digital asset and should not be used as a substitute for your own understanding of the risks specific to each type of digital asset. We make no warranty as to the suitability of the digital assets referenced on the Platform and assume no fiduciary duty in our relations with you.
- You are aware of and accept the risk of operational challenges. The Site, Services and/or NFTs may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Site, Services and/or NFTs. You agree to accept the risk of the Site, Services and/or NFTs failure resulting from unanticipated or heightened technical difficulties. We do not guarantee that the Site, Services and/or NFTs is or will remain updated, complete, correct or secure, or that access to the Platform will be uninterrupted. The Site, Services and/or NFTs may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Site, Services and/or NFTs or the software underlying the Site, Services and/or NFTs. Accordingly, you should verify all information on Site, Services and/or NFTs before relying on it, and all decisions based on information contained on the Site, Services and/or NFTs are your sole responsibility, and we will have no liability for such decisions.
- You alone are responsible for monitoring your account. If you notice any unauthorized or suspicious activity in your account, please notify us immediately at [email protected].
- In using the Website or our Services, you will not infringe any Intellectual Property Rights that:
- belong to third parties affected by your use of the Site, Services and/or NFTs, or post any content that does not belong to you; and
- belong to or are licensed to DystopAI. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to DystopAI or someone else.
- Notwithstanding any contained in these Terms & Conditions, you are not granted any rights to use the project’s name or logo for any purpose without obtaining DystopAI’s prior written consent.
- Furthermore, you agree that:
- we are not responsible for examining or warranting the listings or content provided by you or third parties through the Site, Services and/or NFTs, and that you will not hold or attempt to hold us liable for inaccuracies;
- all NFTs will be bound by their relevant License Agreement, and that in using, holding, owning or distributing any NFTs you acknowledge and accept these agreements.
Third Party Sites
- We provide these Third-Party Sites only as a convenience and we do not review, approve, monitor, endorse, warrant or make any representations with respect to Third Party Sites, or their products or services. All Third-Party Sites are used by you at your own risk.
- We will not be liable for the acts or omissions of any Third-Party Sites, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any Third-Party Sites.
- Where our site contains links to other sites and resources provided by any third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
- Unless otherwise indicated in writing by us, the Site and Service and all content and other materials contained therein, including, without limitation, the DystopAI logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of DystopAI or our affiliates, licensors or users, as applicable. They are provided within the exclusive framework of the use of the Site or Services. Therefore, any use of these contents without the prior permission of DystopAI is unlawful.
- Except as otherwise expressly provided, use of the Site or Services or purchase of an NFT does not confer any ownership or other rights in the content, code, data or other materials on the Platform that may be accessed through it nor over the Platform or over DystopAI’s rights or Third-Party Rights that may be associated with the Platform.
- Furthermore, you understand and agree that additional restrictions on the use of NFTs representing Third-Party Rights may be later imposed to ensure compliance with the license granted by the owner of the relevant rights. User expressly agrees to comply with all such restrictions from the date of notification of such restrictions by DystopAI.
Acquisitions of NFTs
- We may issue NFTs from time to time, either as a stand-alone or with bundles, including for early access, airdrops or for expansions of DystopAI. Issuances may be at different prices, including discounted pre-sales, promotional giveaways or reserves for future issuance.
- We reserve the right to issue NFTs to affiliates, subject to any restrictions we deem appropriate or to no restrictions.
- We may require that you register an account with us to acquire an NFT, and to provide any additional information that we reasonably request.
- We may require that you share your Digital Wallet at the time of the order, or nominate a Digital Wallet at a later time, for delivery of any NFTs.
- We will undertake reasonable endeavors to deliver any acquired NFTs to your Digital Wallet by any date we provide for delivery. You acknowledge, however, that the delivery date may change for reasons (including for reasons outside or within our control) at our sole discretion.
- Risk and title in any NFT transfers to you upon our transfer of the NFT and you are responsible for ensuring your Digital Wallet is accurately linked. If you lose your private key or login or seed phrase for your Digital Wallet you will lose access to your NFTs stored in your Digital Wallet. We encourage the use of secure, offline storage measures for NFTs.
Sales and Transfers By You of NFTs
- Subject to applicable law, if you transfer your NFT to another, that transaction may involve third party platforms, Networks or Digital Wallets, none of which are associated with us, and may be subject to transaction fees charged by a platform with a portion of that transaction fee allocated to us. Should any transfer be conducted via a third party platform, then third party platform fees and charges may apply to those transactions at the time of the transaction, including fees and charges payable to us.
- If at any time you sell or otherwise transfer the NFT for any reason, you acknowledge and agree that you (i) will have no further rights in or to the Art or IP and (ii) shall communicate these limitations and restrictions to any party to whom you transfer the NFT, which limitations and restrictions will be included in the metadata of the NFT comprising the NFT. You shall not remove any limitations or restrictions from the metadata of the NFT. Further information is available at our NFT License Agreement page.
- In no event shall we be responsible for any resales, secondary market sales or other transfers of the NFT or Art or any iterations of the same. Transfer of ownership to an NFT will not guarantee continuing access to the Art or IP to which it relates.
- NFTs purchased or procured by you may be used in our Services, which may provide additional features and services when the Services are made available to you.
- The Services may be subject to further instructions, restrictions, terms and conditions as detailed in these Terms or the Service Terms
- We do not represent or guarantee that your access to the Services will be uninterrupted or will be maintained into the future. Use of NFTs is intimately tied to the operations of Services, and we cannot guarantee that Services or any of its promoted elements will ever be publicly launched or maintained in the future.
Changes to these terms
- We may amend these Terms at any time. The most current version of these Terms will be posted on the Site. Any changes or modifications will be effective immediately upon posting the revisions to the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use of the Site, Services and/or NFT by you after any modification to the Terms constitutes your acceptance of the Terms as modified. If you do not agree to the Terms in effect when you access or use the Platform, you must not use the Platform. We may, at any time and without liability or prior notice, modify or discontinue all or part of the Site, Services and/or NFT (including access to the Site, Services and/or NFT via any third-party links).
- These Terms may not be otherwise amended except through mutual agreement by you and a DystopAI representative authorized to do so.
- You agree to indemnify, defend and hold harmless DystopAI and theirs subsidiaries, parent companies, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and lawyers’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the Services, NFTs and/or Site, (iii) your violation of applicable laws, rules, regulations or the rights of any third party and (iv) any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy in connection with your access to or use of the Services, NFT and/or Site. DystopAI reserves the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with DystopAI in the defense of such matter.
- We try to keep the Services, NFTs and/or Site safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services, NFTs and/or Site.
- You must not be located in or use the Platform in an OFAC/EAR embargoed or sanctioned country or be on any Denied Persons List, Entity List, or Unverified List.
- We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
- your use of or your inability to use our Services, NFTs and/or Site;
- delays or disruptions in our ;
- viruses or other malicious software obtained by accessing, or linking to, our Services, NFTs and/or Site;
- glitches, bugs, errors, or inaccuracies of any kind in our Services, NFTs and/or Site;
- damage to your hardware device from the use of any Services, NFTs and/or Site;
- the content, actions, or inactions of third parties, including items listed using our Services, NFTs and/or Site;
- a suspension or other action taken with respect to your account; or
- your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to these Terms or our policies.
- Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
- You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our Sites and Services.
- We cannot and do not confirm, and are not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us.
- You understand and agree that your purchase, sale, holding, receipt and use of the NFTs does not: (a) represent or constitute a loan or a contribution of capital to, or other investment in DystopAI or any business or venture; (b) provide you with any ownership interest, equity, security, or right to or interest in the assets, rights, properties, revenues or profits of, or voting rights whatsoever in, DystopAI or any other business or venture; and (c) create or imply or entitle you to the benefits of any fiduciary or other agency relationship between DystopAI or any of its directors, officers, employees, agents or affiliates, on the one hand, and you, on the other hand. You are not entering into these Terms or buying, selling, holding, receiving or using the NFTs for the purpose of making an investment with respect to DystopAI or any securities, but solely wish to use the Services, NFTs and/or Site for their intended purposes. You understand and agree that DystopAI will not accept or take custody over any NFTs, cryptocurrencies or other assets of yours and have no responsibility or control over the foregoing.
- You will compensate us in full (and our officers, directors, agents, parent companies, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of these Terms, your improper use of the Services, NFTs and/or Site or your breach of any law or the rights of a third party.
- These Terms, your access to and use of the Services and/or Site shall be governed by and construed and enforced in accordance with the laws of Australia, without regard to conflict of law, rules or principles of any other jurisdiction that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in Australia.
- If any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
- We may assign our rights and obligations under these Terms (but without your prior express consent), provided that we assign these Terms on the same terms or terms that are no less advantageous to you.
- If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of these Terms.
Feedback and Contact Details
- You may choose to submit comments, bug reports, ideas or other feedback about the Site, Services and/or NFTs, including without limitation about how to improve the Site, Services and/or NFTs (collectively, “Feedback”) by emailing us. We are free to use such Feedback at our discretion and without additional compensation to you and may disclose such Feedback to third parties.
- Users with questions, complaints or claims with respect to the Site, Services and/or NFTs can be made by contacting us at [email protected]