Terms & Conditions
Effective: 1 March 2022
MYD Switzerland AG. (“Company”)
These Terms and Conditions (hereinafter the “Terms”) govern your use of Company’s website located at Urmibergstrasse 9, 6440 Brunnen (SZ) and services associated to the Company and its projects (hereinafter collectively the “Website”).
The Company allows Users to purchase NFT produced by the Company ("Company's NFT"). References to “Company”, “we” and “our” throughout these Terms collectively refer to the aforementioned legal entity, and references to “User”, “you” and “your” throughout these Terms collectively refer to any User using the Website. This Website is for Company's NFT – non-fungible tokens projects which includes creative artworks created by Company and launched on the Blockchain digital network.
Your ConsentYou acknowledge and agree that by accessing or using Website, you are indicating that you have read, understand and agree to these Terms and to be bound by them. If you do not agree to the terms and conditions of the Website you may not use or access the Website.
Website accepts Users only from those countries where purchasing digital collectibles such as NFTs is legal. Due to the artistic nature of the project, the Company has not been registered with or approved by any regulator in any jurisdiction. You are solely responsible for determining whether you’re accessing and/or use of Website and/or purchasing Company's NFTs is compliant with applicable laws in your jurisdiction and you warrant to us that such activity is allowed by laws of the territory where you reside. Any claim against Company brought by you for any reason whatsoever in regard to the above mentioned will be considered void and shall not be accepted.
Our Site is not intended for children. You declare that you have reached the age of majority and therefore have the right to make decisions regarding transactions on the Website and purchase of NFT. It is your sole responsibility to inquire about the existing laws and regulations regarding the age limitation for the activities available on the Website in the jurisdiction of the territory where you reside.
You are required to register upon accessing the Website. You should have control over your password confidentiality and will be responsible for the use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine in case that such username is inappropriate or appears as irritation to other users.[is it applicable?]
Ownership of NFT
By purchasing Company's NFT, you become an owner of the underlying non-fungible token. Any change of ownership of Company's NFT is mediated entirely by smart contracts without any interference of the Company. For the avoidance of doubt the Company does not convey any rights on the underlying artwork comprising the NFT prior to its minting.
Subject to your continued compliance with these Terms, Company grants you a worldwide license to use, copy, and display the NFT for the following types of uses:
- in a marketplace which verifies each owner’s rights to the NFT and permits the purchase and sale of the NFT;
- in a third-party website or application which verifies each owner’s rights to the NFT permits the inclusion of Company's NFT;
- to earn revenue from any of the above;
- and to use the NFT for a personal, non-cand ommercial use.
Hereinafter “Rights Granted”.
Road MapThe Road Map that may be published by the Company on the Website is subject to updates and changes that may be performed by the Company from time to time. It is the users' responsibility to be updated with the latest Road Map published by the Company. Please check the Roadmap periodically for changes.
Giveaways and other Website ActivitiesThe Company may (but is not required to) grant, from time to time, certain utilities and other benefits (the "Benefits") to its NFT holders. The Benefits may be granted to a portion or all NFT Holders, all at Company's full sole and absolute discretion. The Benefits shall be of third parties' sponsors (the "Sponsors"). The grant of the Benefits may be subject, in addition to these Terms and Conditions, and additional terms and conditions published by the Sponsors. The receipt of a Benefit is subject to the ownership of the Company's NFT.
The Company shall not be liable for any damage, loss, claim or demand related to the Benefits or the Sponsors, including shipment, receipt, use or any other matter related thereto.
WEBSITE PROVIDED TO YOU "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BY USING WEBSITE AND RELATED SERVICES, YOU ARE ALSO SUBJECT TO COMPANY'S DISCLAIMER LOCATED AT DISCLAIMER, WHICH IS HEREBY INCORPORATED INTO AND MADE PART OF THESE TERMS. WE MAKE NO WARRANTY THAT WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. COMPANY SHALL HAVE NO LIABILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON WEBSITE, OR PROVIDED BY THIRD PARTIES. NEITHER COMPANY NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE TYPE OF LIABILITY. WE MAY SUSPEND OUR WEBSITE FOR INDEFINITE PERIODS OF TIME FOR TECHNICAL MAINTENANCE OR UPGRADE OR OTHERWISE. THE FUNCTIONS AND FEATURES OF WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND THAT ARE CAUSED DUE TO USER’S MISUSE OR ABUSE OF WEBSITE, WHICH INCLUDE ALL RESULTING LOSSES BY ANY THIRD PARTIES.
By using Website or services associated with Company's NFT, you accept and acknowledge as follows: - inherent security risks of providing information and dealing online over the Internet and nobody may hold Company responsible for any breach of security; - various risks inherent to using digital currency networks including but not limited to hardware failure, hacking, cybersquatting, software issues, internet connection failure, malicious software, third party interference leading to access to the relevant wallets, smart contracts and other user data; Also, legal risks inherent in trading digital currencies including risk related to regulations and restrictions under different jurisdictions; - various risks related to regulations regarding NFTs, blockchain technology, cryptocurrencies, and digital networks; - various risks of any disruptions or other issues impacting cryptocurrencies, tokens, or the digital platforms; - various risks of third party service provider of the Company such as cryptocurrencies/credit card settlement service providers. Company will not be responsible or liable to anyone for any loss and take no responsibility for and will not be liable to anyone for any use of the wallet or/and smart contract, including but not limited to any losses, damages, or claims arising from User’s forgotten passwords, incorrectly constructed transactions, or mistyped addresses; corrupted wallet files, smart contracts and any other digital infrastructure; any unauthorized third-party activities, including without limitation the use of viruses, phishing, brute-forcing, or other means of attack; server failure or data loss; any of the unlawful activities of anyone engaged in the project; any enforcement action against anyone engaged in selling and purchasing Company's NFT for illegally trading or illegal use; Company does not warrant that the wallet, smart contracts and any other digital infrastructure used for the Company's NFT are free of viruses or errors, that its content is accurate, that it will be uninterrupted, that it will not be hacked or that defects will be corrected; Company's NFT is not an investment and Company assumes no risks regarding the price of Company's NFT and its fluctuation; Company will not be responsible or liable to User for any loss of any kind including tokens or other assets, or taken in reliance on material, or information, contained in the wallet used by User or any third party; Nothing on this Website is or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase any of the financial products such as shares, securities, derivatives etc.
Gas Fee and Payments
If Company's NFT is purchased through the Website, any financial transactions that you engage in will be conducted solely through the Ethereum network. Company does not have the ability to reverse any transactions and it will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the Ethereum network. Ethereum requires the payment of a transaction fee for every transaction that occurs on the Ethereum network. You will need to pay such transaction fee (gas fee) for each transaction since it is necessary for the network of computers and to run the decentralized Ethereum network. Company will have no insight into or control over any payments or transactions.
Limitation of Liabilityy
COMPANY ITS SHAREHOLDERS, OFFICERHOLDERS, SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY. COMPANY’S 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 WEBSITE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO USD 100 (ONE HUNDRED UNITED STATES DOLLARS) NOTHING IN THE TERMS EXCLUDES THE LIABILITY FOR COMPANY, ITS SHAREHOLDERS, OFFICERHOLDERS, SUBSIDIARIES, LICENSORS OR AFFILIATES FOR ANY LIABILITY WHICH CANNOT BE LIMITED BY APPLICABLE LAW. NEITHER PARTY LIMITS NOR EXCLUDES LIABILITY FOR FRAUDULENT MISREPRESENTATION.
User Restrictions and Covenants
You covenant that you shall not post or cause to post any threatening, libelous, defamatory, obscene material on Website. You shall not do anything or post any information that would: - infringe third party’s intellectual property, privacy or any other right; - constitute or cause to constitute a criminal offense or/and give rise to civil liability; - contain a computer virus, worm, Trojan horse, time bomb, spyware or any other destructive element/code; - contain advertising, promotional materials or third-party trademarks; - constitute or contain false or misleading statements; or - abuse Website and fair rules of games thereof; - violates these Terms or/and any law. You shall not use any AI or machine learning programs or misuse any algorithm while using Website. Breaching the foregoing entitles Company to restrict your access to Website for an indefinite term. To the extent permitted by the applicable law, we: - do not represent and take responsibility on the accuracy of reliability of information posted to Website by Users/visitors; and - hereby retain the right to refuse to post or otherwise publish any information, and the right to remove any such material for any ground/reason. Website is and may be blocked in the future without any notice to you for certain territories due to their regulations. Using VPN to bypass provider’s block is strictly prohibited. Company retains the right to suspend or cancel User’s account any time if User breaches any of the terms hereunder.
You agree to indemnify and hold harmless Company and its parent, affiliate and subsidiary companies, and each of their respective shareholders, officers, suppliers, directors, employees, agents, successors, licensees and assigns, from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys' fees arising out of or in any way related to your breach of these Terms and violation of applicable law.
Intellectual Property Ownership
Other than the Rights Granted, all rights are expressly reserved by the Company. Nothing herein gives you any rights to any other trademarks or other intellectual property rights belonging to Company and the associated logos. Website and the content contained on Website, including but not limited to, text, icons, designs, patterns, images, graphics, logos, and videos and the presentation, selection and arrangement thereof, any concepts, frameworks, know-how, software, applications, tools, or other technology, models, processes and algorithms underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof and materials sent to you from Company are protected by intellectual property laws, including but not limited to copyright, trademark and other laws of any jurisdiction and international intellectual property law. Company exclusively owns all rights, title and interest in and to Website, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Website. We encourage you to inform us if you identify any intellectual property infringement on the Website.
You acknowledge and agree that Company owns and have the right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Website in postings, forums or message, questionnaire and otherwise, and you acknowledge and agree that, by providing us any such information, you automatically grant to us a worldwide, non-exclusive, assignable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such information for any purpose, and in any form now know or which becomes known after the date of these Terms. You hereby waive any claims against Company for any alleged or actual infringements of any intellectual property rights, moral rights, privacy or publicity, or rights of attribution in connection with Company’s use of such information
We may provide links to third-party websites. Therefore, some of the content on Website may in fact be provided by third parties. Company does not have any responsibility for these third-party websites, which are governed by the terms of conditions and privacy policies, if any, of the applicable third-party content providers.
Applicable Law and Jurisdiction
These Terms shall be deemed to have been entered into, and shall be interpreted in accordance with the laws of the State of Israel, without reference to the principles of conflicts of laws. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity hereof, shall be referred and finally resolved by the courts in Tel Aviv, Israel. Notwithstanding the foregoing, Company may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction.
If a part of these Terms becomes invalid or unenforceable under the applicable law, it shall be deemed to have been replaced by a valid and/or applicable provision which most closely matches the intention of Company, and the remainder of the Terms shall remain in force. These Terms completely replace any prior agreements between you and Company in relation to Website and any services associated with Company's NFT. Each party confirms that, in entering into the Terms it has not relied upon any representations or statements not expressly incorporated herein. Notwithstanding anything else in the Term, if Company does not exercise or enforce any legal right or remedy which is contained in these Terms or is available under applicable law, this will not be taken to be a formal waiver of Company’s rights and that those rights or remedies will still be available to Company. We may make changes to the Terms at our discretion. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Site.