CUNNING FOXES UNITED TERMS & CONDITIONS (“T & C”)
Cunning Foxes United is a collection of digital artworks (NFTs) created by Cunning Foxes Limited and running on the Ethereum network. This website (“Site”) is only an interface allowing users to exchange digital collectibles. Users remain entirely responsible for safety and management of their private Ethereum wallets and validating all transactions and contracts generated by the Site before approval. As the Cunning Foxes United smart contract runs on the Ethereum network, it is not possible to undo, reverse or restore any transaction. The Site and its connected services are provided on an “as is” basis without any warranty, as permitted by applicable laws. By using the Site you have read and accept these T & C and sole responsibility for all transactions involving Cunning Foxes digital collectibles.
A. You own the NFT. Each Cunning Fox within the Cunning Foxes United collection is an NFT on the Ethereum blockchain. When you purchase an NFT, you wholly own the underlying Cunning Fox, the artwork (“Art”) and underlying intellectual property therein. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network, we may not seize, freeze, or modify ownership of any NFT purchased.
B. Use of NFT. Subject to compliance with these T & C, upon purchase of a Cunning Fox NFT, you are granted a worldwide right (“Worldwide Right”) to use, copy, and display the purchased Art, along with any extensions for your own personal, non-commercial use and also to commercially use the same to create derivative works based upon the Art and earn revenue thereon (collectively “Use”) provided that you do not infringe on third party intellectual property rights. The Worldwide Right extends to (i) Use of the Art as a part of a marketplace that permits the purchase and sale of your NFT, provided that the marketplace cryptographically verifies each Cunning Fox NFT owner’s rights to display the Art so as to ensure that only the actual owner can display the Art; or (ii) as part of a third party website or application that likewise, permits the inclusion, involvement, or participation of your Art, provided that the third party website/application cryptographically verifies each Cunning Fox NFT owner’s rights to display the Art for their Cunning Fox NFT 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 Cunning Fox NFT leaves the website/application.
C. Cunning Foxes IP. Save as expressly provided herein, nothing herein gives you any rights to any other trademarks, copyright or other intellectual property rights belonging to Cunning Foxes Limited (“IP Rights”), including without limitation, the IP Rights residing in the Site, other versions of the Cunning Fox in the Cunning Fox collection, “Cunning Foxes United”, “Cunning Foxes”, “Cunning Fox” and its associated logos, all of which remain in our sole ownership.
2. Your Obligations
You are solely responsible for your own actions while accessing or using the Site, and for any consequences thereof. You agree to use the Site only for legal and proper purposes in accordance with these T & C and any applicable laws or regulations, including without limitation, you may not on your own or allow any third party to send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or otherwise objectionable content; distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any items of a destructive or deceptive nature; impersonate another person; upload, post, transmit or make available through the Site, any content that infringes the legal or intellectual property or proprietary rights of any party; engage in, promote, or encourage illegal activity (including, without limitation, money laundering); interfere with other Users’ use of the Site; use the Site for any unauthorized commercial purpose; modify, adapt, translate, or reverse engineer any portion of the Site; remove any copyright, trademark or other proprietary rights notices contained in the Site; use any technology to collect information about the Site’s for any unauthorized purpose; access or use the Site for the purpose of creating a competitive product or service. If you engage in any of the activities prohibited above, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your User account.
3. Fees and Payment
If you elect to purchase a Cunning Fox NFT through the Site, any financial transactions you engage in will be conducted solely through the Ethereum network. We have no insight into or control over nor any ability to reverse any payment or transactions. We are not liable to you or any third party for any claims or damages that may arise as a result of any transactions conducted via the Ethereum network. Ethereum requires payment of a transaction fee (“Gas Fee”) for every transaction occurring on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. Hence, you have to pay a Gas Fee for each transaction.
4. Exclusion of Warranties
We make no warranties regarding the Site and the Cunning Fox NFT that you purchase. You also agree that your access to and use of the Site and the purchase of the Cunning Fox NFT is at your sole risk and that the Site and the Cunning Fox NFT are provided on an “as is” basis without warranties of any kind, whether express or implied. To the maximum extent permitted by applicable laws, we do not warrant and all implied warranties regarding the Site (including, without limitation, any smart contract, or third party websites) and the Cunning Fox NFT, any goods or services provided hereunder including the implied warranties of merchantability, fitness for a particular purpose, non-infringement of any intellectual property rights, correctness, accuracy, or reliability are excluded. Without limitation to the foregoing, we, our affiliates, and licensors do not represent or warrant that your access to or use of the Site will meet your requirements or that such access or use will be uninterrupted, timely, secure or error free; that usage data provided through the Site will be accurate; that the Site or any content, services, or features made available through it are free of viruses and the like or that any data that you disclose when using the Site will be secure. Some jurisdictions do not allow exclusion of implied warranties in consumer contracts so the above exclusions may not apply to you. You accept the inherent security risks of providing information and dealing over the internet, hence, please do not share any personal information with the Site, you agree that we are not liable for any breach of security or for any losses incurred as a result of use of the ethereum network and that we have no control over or make any guarantees regarding any smart contracts.
5. Limitation of Liability
To the maximum extent permitted by applicable laws, save for personal injury or death directly caused by our wilful default or negligence, you agree that we will not be liable to you or to any third party for any direct, indirect, incidental, special, consequential, or exemplary damages which you may incur, howsoever caused, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages. You agree that our total, aggregate liability to you for any and all claims arising out of these terms or your access to or use of (or your inability to access or use) any portion of the Site, whatsoever or howsoever caused, is limited to the lesser of (a) the amount you actually paid us under these T & C in the 12 month period preceding the date the claim arose, or (b) US$$500.
6. Risk Assumption
You accept and acknowledge that:
(i) To the extent that you sell your Cunning Fox NFT, you are aware that prices of NFTs are extremely volatile and fluctuations in prices of other NFTs may impact the price of your Cunning Fox NFT. Given the volatility, NFTs such as Cunning Foxes United are not be considered as an investment. You assume all risks in that connection.
(ii) No information on the Site (or any documents mentioned herein) is or may be considered as advice or an invitation to enter into an agreement for any investment. Nothing herein qualifies or is intended to be or constitute an offer or an invitation to purchase shares, securities or other financial products. Due to artistic nature of the Cunning Foxes United collection, the Cunning Fox NFT which you are purchasing has not been registered with or approved by any regulator in any jurisdiction. It is your sole responsibility to ensure that purchase of the Cunning Fox NFT complies with laws and regulations in your jurisdiction.
(iii) Without limitation to, risk of hardware, software and Internet connections, risk of malicious software introduction and risk that third parties may obtain unauthorized access to information stored within your wallet.
(iv) NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies and in turn, impact upon the value for your Cunning Fox NFT. You understand and accept all such risk and assume all responsibility for any adverse effects of disruptions or other issues impacting Ethereum or the Ethereum platform.
You agree to hold harmless and indemnify Cunning Foxes Limited and our affiliates, officers, agents, employees, licensors or partners from and against any claim, liability, loss or damage of any kind, including without limitation, reasonable legal fees arising out of your breach of these T & C, misuse of the Site, or violation of applicable laws or regulations in relation to your access to or use of the Site.
8. Changes to the Terms and Conditions
These T & C are subject to change, please check them periodically. Any changes to these T & C will be effective on the date that they have been updated on the Site. Your continued access to or use after such update will constitute your binding acceptance of the revised T & C. If you do not agree to any revised T & C, please do not access or use the Site.
Our Site is not intended for children. You must be at least 18 years old to access the Site or purchase a Cunning Fox NFT. If you are under 18 years old you are not permitted to use the Site. By accessing the Site, you represent and warrant that you are at least 18 years of age.
10. Dispute Resolution; Arbitration
Any dispute, controversy or claim arising out of or in connection with these T & C, including any question regarding its existence, validity or termination shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. The governing law shall be the laws of the State of New South Wales. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own fees and costs associated with the arbitration proceedings. Notwithstanding the foregoing, we may seek and obtain injunctive relief in any court of competent jurisdiction to enforce our IP Rights.
(i) These T & C constitutes the entire agreement between the parties. In the event that any provision of these T & C is found by any court or administrative body of competent jurisdic-tion to be invalid, unenforceable or illegal for any reason, such invalidity, unenforceability or illegality shall not affect the remaining provisions of these T & C shall remain in full force and effect.
(ii) Any delay or failure by us in exercising any of our rights herein shall not be construed as a waiver of your breach or default.
(iv) A person who is not a party to these T & C shall have no right under applicable laws to enforce any of its terms which might otherwise be interpreted to confer such rights to such persons.
(iii) All comments, bug reports, ideas or other feedback about the Site, including improvement of the Site (“Feedback”) are welcomed. By submitting any Feedback, you agree that we are free to use such Feedback in any way we elect without compensation to you and you hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license to incorporate and use the Feedback for any purpose.