Supercute World digital collectibles are a collection of 5,555 unique digital collectible characters linked by URL to non-fungible tokens (such tokens, "Supercute World NFTs") minted by a smart contract deployed to the Ethereum blockchain.
The Supercute World Smart Contract associates each Supercute World NFT with a piece of digital art displaying one of the Supercute World characters ("Supercute World Art").
These terms ("Terms") are a legally binding agreement by and between BLKSWN LABS INC DBA Supercute World. ("Supercute," "we" or "us"), a Wyoming corporation, and owners of Supercute World NFTs ("you" or "Owner"), governing the parties' rights and obligations with respect to Supercute World NFTs and Supercute World Art.
NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER: BY ACCEPTING THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SUPERCUTE WORLD THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 10 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 11 WILL NOT APPLY TO YOU, BUT THE PROVISIONS OF SECTION 13 (GOVERNING LAW AND FORUM CHOICE) AND RELEVANT PROVISIONS OF APPLICABLE LAW WILL STILL APPLY. YOU ALSO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Initial Mint: You may initiate a purchase of Supercute World NFT(s) by selecting "Mint" on the Site. As this is a blind drop, each buyer will receive a random Supercute World from the collection that will be revealed upon the end of the minting period. All purchases effectuated through the Site are final and non-refundable, except as set forth in the prior section.
Purchases may be made by using one or more cryptocurrencies that we may elect to accept from time to time. We retain the right in our discretion to limit the dollar (or equivalent in other currencies) amount and number of any transactions on the Site. Supercute World is under no obligation to accept cryptocurrencies, and we retain the right in our sole discretion to determine what currencies or payment options to accept at any time.
You acknowledge and agree that all transactions effectuated through the Site are publicly visible on the Ethereum blockchain when made.
Secondary Sales: You may sell your minted NFT and transfer the rights to the linked Supercute World Art to third parties, subject to these Terms. You may have the limited right to sell or transfer your Supercute World NFT on OpenSea and other NFT marketplaces, subject to Supercute World's royalty rights. We do not monitor or control any marketplace purchases or sales or any other activity beyond that on the Site.
You are responsible for all payments, fees, and costs when engaging in any transactions involving Supercute World, including, without limitation, the purchase price, transaction fees (e.g., "gas" fees), and all other fees associated with your use of the Services or the services of Third Party Vendors, including but not limited to purchasing, trading, and "converting" a Supercute World NFT. You are also solely responsible for the payment of all national, federal, state, local, or other taxes of any jurisdiction, of whatever nature whether now in existence or hereafter imposed (including any interest, penalties, or additions to tax), that are levied or imposed on you by any taxing authority in connection with the purchase, ownership, or transfer of Supercute World NFTs.
Upon your purchase and successful minting of a Supercute World NFT, you own a non-exclusive, worldwide, transferable license to use, display, and enjoy the associated Supercute World Art linked to your NFT. However, you do not own any intellectual property rights or copyright in the Supercute World Art or any other materials provided by Supercute World. All intellectual property rights, including copyright, in the Supercute World Art and related materials are retained by Supercute World.
By purchasing and owning a Supercute World NFT, you agree to comply with these Terms and any additional guidelines or restrictions provided by Supercute World regarding the use and display of the Supercute World Art.
You agree not to engage in any prohibited conduct, including but not limited to:
Supercute World retains all intellectual property rights in the Supercute World NFTs, Supercute World Art, and any other materials provided by Supercute World. You acknowledge and agree that all copyrights, trademarks, trade secrets, and other intellectual property rights associated with Supercute World belong to Supercute World. You may not use, reproduce, distribute, or create derivative works of Supercute World's intellectual property without the express written consent of Supercute World.
You understand and agree that the Supercute World NFTs, Supercute World Art, and the Site are provided on an "as is" and "as available" basis. Supercute World makes no representations or warranties of any kind, whether express or implied, regarding the Supercute World NFTs, Supercute World Art, or the Site, including but not limited to the accuracy, reliability, availability, or fitness for a particular purpose. You use the Supercute World NFTs, Supercute World Art, and the Site at your own risk.
To the maximum extent permitted by applicable law, Supercute World and its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses, arising out of or in connection with the use or inability to use the Supercute World NFTs, Supercute World Art, or the Site, even if Supercute World has been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless Supercute World and its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Supercute World NFTs, Supercute World Art, or the Site, your violation of these Terms, or your violation of any rights of any third party.
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Supercute World is incorporated. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
These Terms constitute the entire agreement between you and Supercute World regarding the Supercute World NFTs, Supercute World Art, and the Site, and supersede all prior or contemporaneous agreements, understandings, or representations. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of these Terms shall remain in full force and effect. Failure by Supercute World to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Supercute World in writing.
Supercute World reserves the right to modify or update these Terms at any time without prior notice. Any changes to the Terms will be effective immediately upon posting on the Site. Your continued use of the Supercute World NFTs, Supercute World Art, or the Site after the posting of any changes constitutes your acceptance of such changes.
If you have any questions or concerns about these Terms or the Supercute World NFTs, Supercute World Art, or the Site, you may contact Supercute World at firstname.lastname@example.org.
Please read these Terms carefully before purchasing and owning a Supercute World NFT. By proceeding with the purchase and ownership of a Supercute World NFT, you acknowledge that you have read, understood, and agree to be bound by these Terms.