Chiwawos - The first binarycracy

The first binarycracy

Terms & Conditions

Last Updated : November 23, 2021

Summary

Hi there! We hate long legal texts too, but as it is (still) necessary in today’s world, we need to write them. To make it easier to highlight what is the most important, here goes a summary. The mint fee is 1 SOL plus any transaction fees. We take a royalty fee of 5% on top of the transaction fees that marketplaces take on every secondary sale or transaction you do. NFT’s are risky, some of them are described below, so don’t forget to do your own research! You own the NFT and can do (almost) anything with the underlying art, only limited by what laws prohibit or what damages other people. We also can use the underlying art to make the Chiwawows brand as big as possible. We welcome you to the Chiwawows community, just don’t forget this is not an investment group. We don’t sell any kind of security or investment product; we’re selling access to the amazing world of the First Binacracy of Chiwawows.

Envoy Exploitatie N.V., who may also be referred to as “we,” “us,” or “our,” welcomes you. We invite you to access and use our website, chiwawows.com, and the related services (collectively, the “Website”).

These terms and conditions (“T&C”, “Terms”) are entered into and agreed to by the individual users or entities accessing the Website, minting or trading Chiwawows NFT’s (collectively, the “users”, “you”, or “your”) and Envoy Exploitatie N.V., a limited liability company (naamloze vennootschap) !existing under the laws of Curaçao, registered in the Commercial Register of the Curaçao Chamber of Commerce & Industry under number 157630, and having its corporate seat in Willemstad, Curaçao and its business address at Landhuis Groot Kwartier, Groot Kwartierweg 12 in Willemstad, Curaçao. The T&C govern Users’ access and use of the Website and, where applicable, the NFTs related to Us.

“NFT” means any blockchain-tracked, non-fungible token. “Art” or “artwork” means the digital artwork that is linked to a Chiwawows NFT.

This website is operated by CHIWAWOWS. Throughout the site, the term « Chiwawows », « we », « us » or « our » as the context may require, refer to CHIWAWOWS. By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions.

The summary above is an integral part of these T&C. However, any other part will take precedence if the summary contradicts anything.

Please note that our Privacy Policy, which can also be found on the Website, should be read and interpreted together with the T&C include.

We reserve the right to update, change or replace any part of these Terms of services without prior written notice at any time, and it is your responsibility to periodically review these Terms of Uses to stay informed of updates. Any changes to the Terms will be in effect as of the « last updated » referenced on the site.

Your continued use of this site after the last updated dates will constitute your acceptance of agreement.

By visiting the website of our products merchants, in particular www.opensea.io, you also engage and agree to be bound by their terms and conditions.

This website is for informational purposes and serves as a binding contract for purchasers of CHIWAWOWS NFTs.

Chiwawows is a generative collection of digital artworks (NFTs) deployed on the Solana network making use of Metaplex and Candymachine. Users and Collector of these NFTs are solely responsible for the safety and the management of their own private assets, which include but are not limited to Solana Wallets, validating all transactions and contracts generated by this website prior to and after purchases.

Users certify through purchase that they understand that, as the Chiwawows smart contract runs on the Solana network and is bound by their system and terms, there is no ability to undo, reverse, or restore any transactions.

Any connected services included this Website are provided “as is” and “as available” without any warranty of any kind. Use of this Website constitutes your agreement that you are accepting sole responsibility for any and all transactions involving Chiwawows digital collectibles.

Our Website is not intended for children. You must be at least 18 years old to access this Website. If You are under 18 years old You are not permitted to use this Website for any reason. By accessing the Website, You represent and warrant that You are at least 18 years of age, you have the right and authority to enter into this agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. You may not allow other persons to use your User credentials, and you agree that you are the sole authorized user.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state, province or other jurisdiction of residence.

You may not use our products and/or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

BY ACCESSING AND USING THE WEBSITE, YOU ATTEST THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE LEGALLY BOUND BY THESE T&C AND ALL OF THE TERMS OF SERVICE INCLUDED AS PART OF OZONE NETWORKS, INC D/B/A OPENSEA (https://opensea.io/tos). IF YOU DO NOT AGREE TO THESE T&C, THEN YOU SHOULD NOT ACCESS OR USE THE WEBSITE. ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. YOU AGREE THAT DISPUTES UNDER THESE NFT TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Ownership and IP

When you purchase your Chiwawows NFT, You Own the NFT: the ownership is transferred to you on the Solana blockchain for that individual piece of Art combination of traits and number. Ownership of the NFT is ruled by the smart contract and the Solana Network terms. We, Chiwawows, have no ability to alter, freeze, seize or modify the ownership of any Chiwawows NFT.

Further, Chiwawows reserves the right to use ANY character for any purpose, commercial or not, including: print or digital advertising, or any purely creative media (including short film, anime, etc.)

Notwithstanding rights set out in these T&C, you cannot use the artwork in connection with images of hatred, violence or any other inappropriate behavior (such as behavior that is unlawful, defamatory, infringing, libelous, abusive, disparaging, pornographic, invasive of another's privacy, promotes illegal activities/conduct or violates applicable laws or regulations). The License granted in these T&C only applies to the extent that you continue to own the relevant NFT. If at any time you trade, donate, giveaway, transfer or otherwise dispose of your NFT for any reason, the license granted above will immediately expire, without notice, and you will have no further right in or to the artwork of this NFT.

Personal Usage

Subject to your continued acceptance with these terms, Chiwawows allows you a worldwide, royalty-free license to use, copy and display the purchased Art, along with any derivative artwork or extensions that you could create or use, limited by the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that allows the purchase and sales of you Chiwawows / NFT, as long as the marketplace cryptographically verifies that you are the owner, to ensure that only the actual owner have the right to display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement or participation of your chiwawow NFTs, provided that the website or the application cryptographically verifies each Chiwawows owner’s right to display the Art for their Chiwawows, to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the actual owner of the Chiwawows leave the website or application.

Commercial Usage

Subject to actual owner of Chiwawows NFTs continued compliance with these Terms, CHIWAWOWS grant you an unlimited, worldwide license to use, copy and display the purchased Art for the purpose of creating derivative works based upon the Art (« COMMERCIAL USAGE »). Examples of specified Commercial Use would be the use of the Art to produce and sell physical merchandise products (T-Shirt, Posters, etc.) displaying copies of the purchased Art. Please be aware that nothing in this section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of Chiwawows generally, provided that the marketplace cryptographically verifies each Chiwawows owner’s right to display the Art of their Chiwawows to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of Chiwawows generally, provided that the third party website or application cryptographically verifies each Chiwawows owner’s rights to display the Art 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 Purchased Chiwawows leaves the website/application; or (iii) earning revenue from any of the foregoing.

Risk Assumption

You also acknowledge and agree that:

The prices of blockchain assets are extremely volatile, subjective and have noninherent or intrinsic value. Fluctuations in the price of other digital assets could materially and adversely affect the NFTs, which may also be subject to significant price volatility. In addition, a lack of use or public interest in NFTs could negatively impact the potential utility or value of NFTs. Each NFT has no inherent or intrinsic value. There is no guarantee that any purchases of NFTs will retain their original value, as their value is inherently subjective and factors occurring outside of the platform(s) related to the NFTs may materially impact the value and desirability of any particular NFT.

Chiwawows NFTs are not intended to be considered an investment. You assume all risks in that connection.

No information on this Website (or any other documents mentioned therein) is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, nothing on this Website qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. Due to the artistic nature of the project, there have not been specific registrations with or approvals by any regulator in any jurisdiction.

A royalty or secondary sale fee can be applied when You sell NFTs on the secondary markets for NFTs. To the extent possible, We apply a royalty of 5% on each re-sell. Don’t forget that marketplaces also take a fee.

We do not store, send, or receive NFTs. NFTs related to us exist only by virtue of the ownership record maintained on the Ethereum blockchain. Any transfer of NFTs related to us occurs within the Solana blockchain.

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 digital wallet.

The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the related platforms or services, and therefore the potential utility or value of your NFTs.

Upgrades to the Solana blockchain, a hard fork in the Solana blockchain, or a change in how transactions are confirmed on the Solana blockchain may have unintended, adverse effects on all blockchains using the Solana blockchain’s NFT standard.

All purchases of NFTs, as well as associated charges, are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the NFT, any disruption to the operations of any components of the NFT, or any other reason whatsoever.

DISCLAIMER

A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK, AND THAT THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE WILL BE ACCURATE, (III) THE SITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

B. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILLFULL MISCONDUCT.

C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK NOR DO WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES REGARDING ANY SMART CONTRACTS.

D. WE WILL NOT BE RESPONSIBLE FOR ANY OBLIGATIONS YOU MIGHT HAVE AS REGARDS TAXES WHICH MIGHT APPLY TO YOU IN RELATION TO SELLING AND BUYING NFTS.

Do your own research

Notwithstanding the rest of these T&C, you are responsible for your own research into risks, compliance, tax, legality in your own jurisdiction.

You will refrain from purchasing, trading, minting our NFT’s or any of our services if dealing in, with or any other use of NFT’s, our services or digital assets is banned in any way in your jurisdiction.

You are solely responsible to pay any and all sales, use, value-added and other taxes, duties now or hereafter claimed or imposed by any governmental authority associated with Your use of the Website and/or in relation to the selling and buying of Our NFTs. Except for income taxes levied on Us, You: (a) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (b) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments (including gas sees) made to us pursuant to these T&C.

Transactions related to NFTs can require the payment of a transaction fee. The transaction fees fund the relevant and/or used network of computers that run the decentralized network. You’re responsible to pay any transaction fees.

Limitation of Liability and Indemnification

We will not be liable for any consequential, special, indirect, exemplary or punitive damages arising out of or in any way related to these T&C, Users’ use of the Website, including without limitation, loss of profits, revenue, interest, goodwill, loss or corruption of data or other interruption of business (whether in contract, tort or under other legal theory), even if advised of such damages.

We will not be liable for any loss or damage (of any kind and under any legal theory) to You or any third party arising from Your inability or failure for any reason to comply with any of the obligations under these T&C, or for any reason whatsoever, except fraud on our part.

We will not be liable for any impossibility, failure or delay in using the Website and/or an NFT related to Us resulting from a force majeure event, including, without limitation, natural disasters, acts of God, government regulations, war, terrorism, labor disputes and power failures, and/or resulting from events beyond our reasonable control, including but not limited to issues related to the concerned blockchain or the file storage system.

We will not be responsible or liable for errors or failures to execute any purchase of an NFT related to Us, including, without limitation, errors or failures caused by: (i) your failure to follow Our or related parties’ instructions; (ii) any loss of connection to platform used for the purchase of the NFT or related services unless caused by our gross negligence; (iii) a failure of any software or device used by you to purchase the NFT; or (iv) for any other failure to execute the NFT purchase or for errors or omissions in connection with this activity unless caused by our gross negligence.

YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 6 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) 500 EURO.

The User (in its capacity as “Indemnitor”) agrees to indemnify, defend and hold harmless us, our agents, affiliates and employees (in its capacity as "Indemnitee”) from and against any and all third-party claims, liabilities, losses and expenses (including damage awards, settlement amounts and reasonable attorneys’ fees) arising out of or relating to User’s respective violation of these T&C’s, except to the extent such losses and expenses arise from the negligence or willful misconduct of Indemnitee.

Termination

We reserve the right, in our sole discretion, without penalty and at any time without notice, to modify or discontinue (temporarily or permanently) User’s access to the Website, or any part thereof if We believe that User is violating these T&C or making us unable to comply with regulatory requests (such as complying with KYC/AML requirements, inquiries, etc.). If the User uses or attempts to use the Website for any purpose that contravenes these T&C (including without limitation tampering, hacking, data scraping, modifying or otherwise corrupting the security or functionality of the Website), the User may also be subject to civil and criminal liability.

CHIWAWOWS IP

Other than the rights to the Art, nothing gives you any rights to any other trademarks or other intellectual property rights belonging to Chiwawows including, without limitation Chiwawows, CHIWAWOWS and the associated logos. All of these rights are expressly reserved in the name of Chiwawows.

General

If any provision of these T&C is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these T&C unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

These T&C are governed by the laws of Curaçao, except for its conflicts of interest principles. All claims arising out of or relating to these T&C shall be finally settled by arbitration in Curaçao under the rules of arbitration of the UNCITRAL Model Law on International Commercial Arbitration by one arbitrator with the Court of First Instance of Curaçao as the authority referred to in Article 6 of said rules.

You have all the necessary rights, power and authority to enter into these T&C and to fulfill your contractual obligations hereunder and any and all information You provide is true, accurate and not misleading.