THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST NFT INT, LLC, ITS AFFILIATES, MANAGERS, MEMBERS, SERVICE PROVIDERS, MARKETING PARTNERS, NFT ARTISTS, AND VENDORS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THIS AGREEMENT.
You agree to the Terms and Conditions in its entirety when you: (a) access or use the Website; (b) access and/or view any of the: (i) links to third-party resources and other information (“Third-Party Links"); and/or (ii) videos, audio, stories, testimonials, text, photographs, graphics, artwork, information and/or other content featured on the Website (the “Website Content," and together with the Third-Party Links, the “Content"); (c) participate in any of our contests or sweepstakes (collectively, the “Promotions”); (d) purchase one of the non-fungible tokens (“NFT”) featured on the Website; (e) purchase any of our merchandise from our online store; (f) request, acquire or purchase any merchandise or other items through the Website; and/or (g) utilize the various registration forms, contact forms and/or contact information made available on the Website. Our services, together with the Website and Website Content, NFTs, merchandise, social media pages, and Promotions shall be collectively referred to as “the Offerings.”
Please review these Terms and Conditions carefully before accessing the Website or its Offerings. The Terms and Conditions supersede all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Offerings and/or the products, services and/or programs provided by and/or through same. Unless explicitly stated otherwise, any future offer(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Offerings shall be subject to these Terms and Conditions.
If you do not agree to the terms and conditions contained within the Terms and Conditions in its entirety, you should not use the Website and Offerings in any manner or form whatsoever.
You assume all risks associated with using an Internet-based cryptocurrency blockchain 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 on the blockchain and/or within your Wallet. NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulation and/or new interpretations of existing regulations in the areas of securities, commodities, futures, banking, finance, currencies, trade and consumer rights in one or more jurisdictions could substantially affect the value of the Offerings as well as your rights to access, control, buy, sell or trade the Offerings. New regulations in any country or other jurisdiction could negatively impact such technologies impacting the value for your NFTs. You understand and accept all risk in that regard. Without limiting the foregoing, you assume all responsibility for any adverse effects of disruptions, devaluation, restrictions, or other issues impacting cryptocurrency platforms.
For each NFT series drop (“Series Drop”), eligible individuals may purchase a maximum of 47 NFTs in one transaction using a credit card, or a maximum of 100 NFTs in one transaction using cryptocurrency. There is a maximum of one (1) transaction per person, per Series Drop, regardless of the number of NFTs purchased.
NFTs in each Series Drop will be minted randomly. We shall have no liability for any NFTs that are lost, misplaced, or inaccessible after the NFT has been delivered to the purchaser.
NFTs are intended as collectible items for individual enjoyment only, not for investment vehicles. Please be aware that the prices of NFTs are extremely volatile, and price fluctuations in cryptocurrencies could impact the price of your NFTs both positively and negatively. We make absolutely no promise or guarantee that the NFTs will increase in value or maintain the same value as the amount you paid to purchase same. You understand and agree that the NFTs have no inherent monetary value, and they should be treated as nothing more than a collectible. No information and/or Content made available by and through the Offerings is or should be considered advice or an invitation to enter into an agreement for any investment purpose. Further, no element of the Offerings 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. It remains your sole and exclusive responsibility to assure that the purchase and sale of NFTs, and the use of cryptocurrencies, complies with laws and regulations in your jurisdiction and all applicable jurisdictions.
- The Mugshot Edition Drop.
We reserve the right to limit awards or sales of such items, including NFTs, to any person, geographic region or jurisdiction on a case-by-case basis. All descriptions of such items are subject to change at any time, without notice, in our sole discretion. We reserve the right to discontinue any certain items at any time. Any offer for any items made on the Website is void where prohibited by law.
In the event that an item is listed at an incorrect price point due to a typographical error or an error in pricing information, we reserve the right to refuse or cancel any orders placed based on an incorrect price. We shall have the right to refuse or cancel any order whether or not the order has been confirmed and whether or not the applicable user paid for such item. If a user has already paid for an item and that order is cancelled, we shall issue a credit to that user’s Payment Method (as defined below) in the amount of the subject charge.
UNLESS OTHERWISE INDICATED ON THE WEBSITE AND/OR IN THESE TERMS AND CONDITIONS, ALL NFT AND FULFILLMENT FEES ARE FINAL AND NON-REFUNDABLE. ALL SALES ARE FINAL. INITIATING A CREDIT CARD DISPUTE OR CHARGEBACK WILL RESULT IN THE LOSS OF THE NFT OR THE INABILITY TO TRADE/SELL THE NFT IN YOUR WALLET.
For a multiple product orders, we will attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
Your order will ship as it becomes available, and our order processing company will make reasonable efforts to ship your order as quickly as possible. There may be times when a product you have ordered is out-of-stock, which will delay fulfilling your order. You will be informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by us only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.
You can always contact us for any return or refund question at email@example.com.
Please be aware that the prices of NFTs are extremely volatile, and price fluctuations in cryptocurrencies could impact the price of your NFTs both positively and negatively. Given this volatility, NFTs should not be considered investments, as more fully explained and agreed above. You assume all risks in connection therewith. No information and/or Content made available by and through the Offerings is or should be considered advice or an invitation to enter into an agreement for any investment purpose. Further, no element of the Offerings 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. It remains your sole and exclusive responsibility to assure that the purchase and sale of NFTs, and the use of cryptocurrencies, complies with laws and regulations in your jurisdiction.
You assume all risks associated with using an Internet-based cryptocurrency 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, as more fully explained and agreed above. NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled, as more fully explained and agreed above. New regulations could negatively impact such technologies impacting the value for your NFTs, as more fully explained and agreed above. You understand and accept all risk in that regard, as more fully explained and agreed above. Without limiting the foregoing, you assume all responsibility for any adverse effects of disruptions or other issues impacting ETH or the Ethereum blockchain, as more fully explained and agreed above.
FOR CALIFORNIA ENTRANTS: EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE COVERED PARTIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
NFT INT LLC
6300 Sagewood Drive
Park City, UT 84098
The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the JAMS office New Castle County, Delaware or, for US residents, your US county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
CLASS ACTION WAIVER: To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Website.
FOR PURPOSES OF ANY COURT PROCEEDINGS, YOU AGREE THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE, AND NOT A JURY, AND YOU HEREBY WAIVE ANY RIGHT TO A TRIAL BEFORE A JURY. THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED AND SHALL NOT APPLY TO THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY.
Last Updated: Dec 11, 2023