Below we have listed important legal terms that apply to anyone who visits our website or uses our platform for the purposes of creating, managing and selling NFT collection(s). The online and mobile website platform/dashboard/interface created by Users (defined below) shall be referred to as “User Platforms”. Webmint offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.
We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any questions, please contact us at firstname.lastname@example.org.
The Webmint Terms constitute a binding and enforceable legal contract between Royal Labs LLC. and its affiliated companies and subsidiaries worldwide (“Webmint”, “us” or “we”) and you in relation to the use of any Webmint Services.
You may visit and/or use the Webmint Services and/or the Webmint App only if you fully agree to the Webmint Terms - and by using and/or registering to any of the Webmint Services, you signify and affirm your informed consent to thes
In order to access and use certain sections and features of the Webmint Services, you must first create an account with Webmint (“User Account”). To create a User Account, you must use a cryptocurrency/digital wallet (“Wallet”) or other third party software. We do not recommend or endorse any Wallet providers, or have any sort of affiliations or connections with these providers. Your User Account will be associated with your Wallet address; however, we allow Users to add a profile picture or a banner to their User Account.
If anyone other than yourself accesses your User Account and/or any of your Services’ settings, they may perform any actions available to you, make changes to your Services and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
By using your Wallet to use the Services, you warrant that you comply with the terms and conditions of your Wallet provider. We do not operate, maintain or have any possession or control over your Wallet; we cannot retrieve or transfer any NFTs or other contents in your Wallet.
We have no responsibility over, and shall not be liable for, any issues relating to the Wallet. You are solely responsible for keeping your Account and Wallet secure, and ensuring that you do not share any passwords or seed phrases with any other person. We will never ask for your passwords or seed phrases relating to your Wallet. We will not be responsible for any acts or omissions by you, or an unauthorized third party, if your Account or Wallet has been compromised. Please immediately contact your Wallet provider in the event of an issue with your Wallet.
Therefore, we strongly encourage you to keep the log-in credentials, including access to your Wallet of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
We reserve the right to immediately suspend, disable or terminate your User Account at any time for any reason. We reserve the right to hide or take down any NFT collection, contract or any other items that are affected by any issues, or where we believe, at our absolute discretion, that they violate general standards of fair use. You agree that such an event does not give rise to a ground for a claim against us. Even if the items are hidden or taken down from our Website or our Services, they are still available on a peer-to-peer protocol that allows the storage of NFT metadata (“IPFS”).
you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Webmint Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Webmint Terms;
you understand that Webmint does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by Webmint Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
you have (and will maintain) the full power, title, licenses, consents and authority to allow Webmint Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for Webmint and/or your End Users to access, import, copy, upload, use or possess in connection with the Webmint Services;
you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
fully comply with all applicable laws and any other contractual terms which govern your use of the Webmint Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
be solely responsible and liable with respect to any of the uses of the Webmint Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Webmint Services);
regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
receive from time to time promotional messages and materials from Webmint or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
allow Webmint to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Webmint’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Webmint or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
Webmint’s sole discretion as to the means, manner, and method for performing the Webmint Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
Webmint shall have the right to offer the Webmint Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Webmint Services, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.
copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Webmint Website, the Webmint Services (or any part thereof), any Content offered by Webmint or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Webmint’s prior written and specific consent and/or as expressly permitted under the Webmint Terms;
submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Webmint or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
upload, insert, collect or otherwise make available within the Webmint Website or the Webmint Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
publish and/or make any use of the Webmint Services or Licensed Content on any website, media, network or system other than those provided by Webmint, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Webmint Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Webmint, in advance and in writing;
use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Webmint Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Webmint Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Webmint Services;
act in a manner which might be perceived as damaging to Webmint’s reputation and goodwill or which may bring Webmint into disrepute or harm;
purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Webmint or Webmint Marks and/or variations and misspellings thereof;
impersonate any person or entity or provide false information on the Webmint Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Webmint and/or any End Users;
falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Webmint or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
reverse look-up, trace, or seek to trace another User of Webmint Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Webmint Services and/or User Platform without their express and informed consent;
disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Webmint Services, User Platform, the account of another User(s), or any other systems or networks connected to the Webmint Services, by hacking, password mining, or other illegitimate or prohibited means;
probe, scan, or test the vulnerability of the Webmint Services or any network connected to the Webmint Services;
upload to the Webmint Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Webmint Services or Webmint’s systems or networks connected to the Webmint Services, or otherwise interfere with or disrupt the operation of any of the Webmint Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
use any of the Webmint Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
access to Webmint Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Webmint Services, except as expressly permitted by the Webmint Terms;
remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Webmint Services and/or Licensed Content; or
violate, attempt to violate, or otherwise fail to comply with any of the Webmint Terms or any laws or requirements applicable to your use of the Webmint Services.
access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
As between Webmint and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Webmint does not claim ownership rights on your content. For the sole purpose of granting you the service, You agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
All rights, title and interest in and to the Webmint Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Webmint Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Webmint.
Subject to your full compliance with the Webmint Terms and timely payment of all applicable Fees, Webmint hereby grants you, upon creating your User Account and for as long as Webmint wishes to provide you with the Webmint Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Webmint Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Webmint Terms, and solely within the Webmint Services.
The Webmint Terms do not convey any right or interest in or to Webmint’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Webmint Terms constitutes an assignment or waiver of Webmint’s Intellectual Property rights under any law.
If you provide us with any suggestions, comments or other feedback relating to the Webmint Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Webmint. By providing such Feedback to Webmint, you acknowledge and agree that it may be used by Webmint in order to: (i) further develop, customize and improve of the Webmint Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Webmint -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Webmint may use to provide and improve its services, (vi) to enhance Webmint data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Webmint any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
We provide You with a template to create a computer program or transaction protocol intended to automatically execute a transaction between You and an End User which is stored on a decentralized blockchain network (“Smart Contract”). We are not a party to any Smart Contract between You and your End User.
You should not be able to amend the Smart Contract once your NFT collection has been launched and the minting process has begun. However, we do not warrant to your End User that You will not amend the Smart Contract in any way.
As a Smart Contract is a computer program, we may need, and reserve the right, to update, upgrade or replace any such Smart Contract to add features or fix bugs, and/or require that your NFTs be migrated to a new Smart Contract. In such a case, we will bear the costs of deployment, and you will bear the costs of the migration (and any associated costs thereof, including transaction fees).
The Smart Contracts require all properties of a NFT to be stored on IPFS. Adding data to IPFS creates a content identifier (CID) which sets out information about each NFT, including the name and description of the NFT and the Collection to which it belongs, a uniform resource identifying number which identifies the image(s) of the NFT, and other metadata. Because each CID refers only to one piece of content, no Creator or third party should be able to replace or modify the content without breaking the link. Even if the Creator or its Collection disappears, the CID relating to the NFT you purchased should remain available on IPFS. Whilst using IPFS to store NFTs is relatively secure, it is not without risks, and you agree not to hold us responsible or liable for any loss of data in relation to any NFT stored on IPFS.
The Smart Contract allows for the transaction to take place, and shows ownership of an NFT. However, whilst you may own an NFT (which is represented on the blockchain), that ownership may be subject to licences relating to aspects of intellectual property rights and other rights in and to that NFT, which may be set out in the Creator Terms. We do not guarantee that NFTs sold by Creators on our Website will be unique, original or of quality.
We are not a Wallet provider, exchange, broker, financial institution or creditor, and we do not provide any financial advice. We are a platform facilitating transactions for Users, and we are not a party to any agreement between you and any individual that interacts with your User Platform. You are responsible for all actions your End Users may take. Whilst we do carry out certain checks on our Users, we do not warrant that any NFTs sold, or any content associated therewith, will be legitimate or authentic, or will function as expected.
The use of certain Webmint Services may be subject to payment of particular fees, as determined by Webmint in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Webmint will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Webmint reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Webmint shall have the right to automatically and without notice renew your subscription to such Webmint Service(s) at the full applicable Fee.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Webmint. To the extent permitted by law (and unless specified otherwise by Webmint in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Webmint Services, or to any payments or purchases made by you. If Webmint is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Webmint is not responsible for any such additional fees or costs.
In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you deactivate the auto-renewal option, such Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, Webmint will attempt to automatically charge you within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice.
By entering into this Agreement and by purchasing a Service, you acknowledge and agree that the Service shall automatically renew in accordance with the above terms.
You may turn-off the auto-renewal option for Renewing Paid Services at any time by contacting us.
You are and shall be solely responsible to verify and ensure the successful renewal of the Webmint Services you use (whether or not such Webmint Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Webmint Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Webmint Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Webmint in relation to the discontinuation of any Webmint Services or Third Party Services, for whatever reason.
If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Webmint account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Webmint Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).
Your use of the Webmint Services will not resume until you re-subscribe for any such Webmint Services, and pay any applicable Fees in full, including any fees and expenses incurred by Webmint and/or any Third Party Services for each Chargeback received (including Fees for Webmint Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to Webmint, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Webmint Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Webmint Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
In buying NFTs using our Services, End Users may be subject to transaction fees associated with blockchain transactions. We are not responsible for such fees which you may be required to pay through any interactions with the blockchain in using our Services. End Users set such fees through their own Wallet application, and based on the market conditions on Ethereum.
Our Service fees are included in the set up of the Smart Contract and are collected immediately and automatically upon purchase of your NFT.
All transactions carried out through our Services are final and binding. All fees are non-refundable except at our absolute discretion (for Service Fees and other fees within our control), or at applicable third parties’ discretion (Users, Ethereum miners, etc.), even if you made a mistake, such as for example transferring NFTs to an incorrect Wallet address, or were hacked.
You may discontinue to use and request to cancel your User Account and/or any Webmint Services at any time, in accordance with the instructions available on the Webmint Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Webmint Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
Failure to comply with any of the Webmint Terms and/or to pay any due Fee shall entitle Webmint to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Webmint Services (e.g., Paid Services) or Third Party Services to you.
If your User Account or any Webmint Services or Third Party Services related to your User Account are cancelled (whether at your request or at Webmint’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Webmint shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Webmint Services following their cancellation, as determined by Webmint in its sole discretion.
The Webmint Services enable you to engage and procure certain third party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the Webmint Website (including the User Platform), third party Licensed Content, media distribution services, sellers of tangible products, third party designers who may assist you with your User Platform, etc. (collectively, “Third Party Services”).
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain Webmint Services, offered separately by Webmint or persons certified or authorized by Webmint, or otherwise offered anywhere on the Webmint Services), Webmint merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Webmint will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.
You acknowledge that such services may require the payment of additional amounts to Webmint and/or to the providers of such Third-Party Services.
Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
While we hope to avoid such instances, Webmint may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the Webmint Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.
Since we only act as an intermediary platform between you and such parties, only you will be responsible for your engagements with them.
We can remove services at any time, which may affect your website, user account or overall experience.
When using the Webmint Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Webmint with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Webmint Services, please immediately report such User and/or Third Party Service to us via email. You agree that your report shall not impose any responsibility or liability upon Webmint, and that Webmint may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
Webmint acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via email, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Webmint to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Webmint’s Copyright Agent can be reached at the following address:
Attn: DMCA Copyright Agent
Royal Labs LLC
1007 N Orange St. 4th Floor Suite #978
Wilmington, DE 19801, USA
In the event that Webmint receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at Webmint’s sole reasonable discretion. Webmint reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
If your copyrighted works were used inappropriately by any of our users – please let us know and provide us with all the necessary information, and we will take care of it in accordance with the DMCA.
If we receive a copyright infringement notice regarding your website or content, we may remove or cancel your website and account.
We provide the Webmint Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Webmint Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Webmint Services – so please be sure to verify those before using or otherwise engaging them.
Webmint may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may Webmint be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Webmint Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Webmint shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the Webmint Services and/or connecting and/or dealing with any Third Party Services through or in connection with Webmint Services, and that Webmint cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Webmint does not recommend the use of the Webmint Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain Webmint Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Webmint Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Webmint Services at this BETA stage signifies your agreement to participate in such Webmint Services’ BETA testing.
However, we are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else.
There are risks in using our services or anyone else’s services. You accept such risks.
Some of our services are still in BETA, and may contain bugs or experience interruptions.
We are not selling any NFTs or other items through our Services; we provide a marketplace for you to connect with Users and for End Users to connect with You to purchase NFTs. Ownership of NFTs is maintained in the associated blockchain, i.e the Ethereum network; we do not control and cannot otherwise interfere with a transfer of title or right in any NFTs, and will not accept liability or be responsible for any losses, damages or costs incurred as a result of vulnerability or failure of any third party software (including Wallets), blockchains or other any features of any NFTs.
We shall not accept any liability in relation to any NFTs or other items, or any loss associated therewith for any reason.
We shall not accept liability in respect of any NFT collection or User Content or other content which we decide to take down from our services, whether such take down is carried out before, during or after your purchase of any NFT where we believe that such NFT collection has breached these Terms. We reserved the right to take down any NFT collection at any time without prior warning or consent.
We do not warrant and we exclude all liability in respect of the accuracy, legitimacy, completeness, or legality of any information accessed using our Services, and we exclude all liability of any kind of any transmission or receipt of any material of whatever nature.
you should not rely on any information accessed using our Services to make a purchasing decision; you should make your own enquiries before forming your own opinion and taking an action based on any such information.
To the fullest extent permitted by law in each applicable jurisdiction, Webmint, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Webmint Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Webmint Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Webmint Services; (6) events beyond the reasonable control of Webmint, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Webmint Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Webmint’s services to you, and such limitations will apply even if Webmint has been advised of the possibility of such liabilities.
There are currently no clear tax frameworks relating to NFTs. You are solely responsible for determining and paying any taxes that may apply to your transactions whilst using our Services.
We are not responsible for determining taxes that may be applicable in your jurisdiction; the value of any NFT is directly affected by the price of cryptocurrency which is highly volatile. The fluctuation of the price of cryptocurrency may materially influence the price of NFTs, and you acknowledge that you may lose money as a result.
The value of an NFT is subjective and dictated by the market. A lack of interest in any NFT, the User or the public may influence the price of the NFT, and its potential utility, resulting in a loss of money.
The regulatory regime over blockchain technologies remains uncertain, and new laws and regulations which may come into force to regulate blockchain technologies in the near future may adversely impact the use of our Services, and the price or utility of NFTs.
You must have undertaken sufficient research before buying, selling, transferring or otherwise using any NFTs or otherwise interacting with any NFTs, or other Users.
There are risks associated with peer-to-peer transactions, such as buying and selling items as they may be counterfeited, infringe on the rights of others, be vulnerable to metadata decay, be transferred through smart contracts which may have bugs, and/or become impossible to transfer. We do not guarantee that the items you purchase using our Services will not be subject to any of the above-mentioned issues or other adverse issues.
We do not control any public blockchains that you interact with in using our Services; similarly, unless otherwise stated, we do not control certain smart contracts and protocols which you will have to use in order to complete transactions on these public blockchains; blockchain transactions, by nature, are irreversible, and we cannot reverse any transactions on the blockchains. This also means that there is no option for you to return, cancel or exchange any items once you have accepted the contract and the transfer is completed; there are risks with using the Internet and blockchain technologies or blockchain-based products.
We are not responsible for any issues associated with hardware, software or Internet connections in the event malicious software is introduced or unauthorised third parties access your Account or Wallet.
We are not responsible for any communication failures, disruptions, errors, distortions or delays that you may experience when using our Services or any blockchain or other networks, howsoever caused.
Our Services may rely on third party platforms and suppliers. Issues with these third party platforms and suppliers may affect your use of the Services.
Webmint reserves the right to change, suspend or terminate any of the Webmint Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Webmint Services (including removal of any materials created by you in connection with the Webmint Services) for any reason and/or change any of the Webmint Terms with or without prior notice - at any time and in any manner.
You agree that Webmint will not be liable to you or to any third party for any modification, suspension or discontinuance of those Webmint Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Webmint Services without enabling such changes, or provide you with alternative Services.
The Webmint Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Webmint Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Webmint Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of New York, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in New York. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Subject to any applicable law, all disputes between you and Webmint shall only be resolved on an individual basis and you shall not have the right to bring any claim against Webmint as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
Notwithstanding anything to the contrary in this Section 13.2, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and Webmint will be the State of New York, without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in New York.
We may provide you with notices in any of the following methods: (1) via the Webmint Services, including by a banner or pop-up within the Webmint Website, User Account or elsewhere; (2) by email, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Webmint’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
The Webmint Terms, and your use of the Webmint Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Webmint and you.
Webmint may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Webmint Services and/or Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Webmint. Any attempted or actual assignment thereof without Webmint’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 13.6 shall not in itself grant either Webmint or you the right to cancel any Webmint Services or Third Party Services then in effect.
If any provision of the Webmint Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Webmint Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
To get in touch with our Customer Service - please send an email message to: email@example.com