Agreement between Customer and ColliderCraft Games Company Inc. (“Issuer”)
Welcome to DROP # 1 OF CYPHER 1.01 NFT COLLECTION, available at mintify.cypher.collider.gg (the "Site"). The Site is offered to you (“Customer”) conditioned on Customer’s acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Customer’s use of the Site constitutes Customer’s agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.
Visiting the Site or Issuer’s official communication platforms, or sending emails to Issuer constitutes electronic communications. Customer consents to receive electronic communications and Customer agrees that all agreements, notices, disclosures and other communications that Issuer provides to Customer electronically, through official communication platforms, via email, on the Site, or otherwise as decided by Issuer, satisfy any legal requirement that such communications be in writing.
Customer is responsible for maintaining the confidentiality of any Customer account and password and for restricting access to Customer’s computer, and Customer agrees to accept responsibility for all activities that occur under Customer’s account or password. Customer may not assign or otherwise transfer Customer’s account to any other person or entity. Customer acknowledges that Issuer is not responsible for third party access to Customer’s account that results from theft or misappropriation of Customer account. Issuer and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in Issuer’s sole discretion.
Issuer does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Issuer and Issuer is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Issuer may be providing these links to Customer only as a convenience, and the inclusion of any link does not imply endorsement by Issuer of the site or any association with its operators. Certain services made available via the Site may be delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, Customer hereby acknowledges and consents that Issuer may share such information and data with any third party with whom Issuer has a contractual relationship to provide the requested product, service or functionality on behalf of the users of the Site and customers.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable Customer to communicate with the public at large or with a group (collectively, "Communication Services"). Customer agrees to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, Customer agrees that when using a Communication Service, Customer will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless Customer owns or controls the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that Customer knows, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Issuer has no obligation to monitor the Communication Services. However, Issuer reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Issuer reserves the right to terminate Customer access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Issuer reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Issuer's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Issuer does not control or endorse the content, messages or information found in any Communication Service and, therefore, Issuer specifically disclaims any liability with regard to the Communication Services and any actions resulting from Customer participation in any Communication Service. Managers and hosts are not authorized Issuer spokespersons, and their views do not necessarily reflect those of Issuer.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. Customer is responsible for adhering to such limitations if Customer uploads the materials.
Issuer does not claim ownership of the materials Customer may provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Issuer Site or Issuer’s associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting Customer’s Submission Customer is granting Issuer, Issuer’s affiliated companies and necessary sublicensees permission to use Customer’s Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Customer’s Submission; and to publish Customer’s name in connection with Customer’s Submission.
No compensation will be paid with respect to the use of Customer’s Submission, as provided herein. Issuer is under no obligation to post or use any Submission Customer may provide and may remove any Submission at any time in Issuer's sole discretion.
By posting, uploading, inputting, providing or submitting Customer’s Submission Customer warrants and represents that Customer owns or otherwise controls all of the rights to Customer’s Submission as described in this section including, without limitation, all the rights necessary for Customer to provide, post, upload, input or submit the Submissions.
Customer might be able to connect Customer’s Issuer account to third party accounts. By connecting Customer’s Issuer account to Customer’s third party account, Customer acknowledges and agrees that Customer is consenting to the continuous release of information about Customer to others (in accordance with Customer’s privacy settings on those third party sites). If Customer does not want information about Customer to be shared in this manner, do not use this feature.
The Site is controlled, operated and administered by Issuer from its offices within the USA. If Customer accesses the Site from a location outside the USA, Customer is responsible for compliance with all local laws. Customer agrees that Customer will not use the Issuer content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Customer agrees to indemnify, defend and hold harmless Issuer, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of Customer’s use of or inability to use the Site or services, Issuer’s NFTs and licensed Art linked to such NFTs, any user postings made by Customer, Customer’s violation of any terms of this Agreement or Customer’s violation of any rights of a third party, or Customer’s violation of any applicable laws, rules or regulations. Issuer reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will fully cooperate with Issuer in asserting any available defenses.
These Terms and Conditions and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with them or their subject matter or formation shall be governed by the laws of the state of United States. Issuer and Customer shall submit all the aforementioned disputes to the jurisdiction of the courts of the city of Phoenix, Arizona, United States.
Any claim or lawsuit under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both Customer and Issuer agree otherwise, the court may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ISSUER. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ISSUER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ISSUER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ISSUER’S CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF THE SITE, THE PURCHASE OF ISSUER’S NFTs AND/OR THE LICENSE OF THE ART LINKED TO SUCH NFT’s WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE PURCHASED NFT IN THE PRIMARY TRANSACTION.
Issuer reserves the right, in its sole discretion, to terminate Customer’s access to the Site and the related services or any portion thereof at any time, without notice.
Customer agrees that no joint venture, partnership, employment, or agency relationship exists between Customer and Issuer as a result of these Terms and Conditions or use of the Site. Issuer's performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of Issuer's right to comply with governmental, court and law enforcement requests or requirements relating to yourCustomer’s use of the Site or information provided to or gathered by Issuer with respect to such use. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between the Customer and Issuer with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Customer and Issuer with respect to the Site. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and Conditions and all related documents be written in English.
Issuer reserves the right, in its sole discretion, to change the Terms under which the Site and NFTs are offered. The most current version of the Terms will supersede all previous versions. Issuer encourages Customer to periodically review the Terms to stay informed of our updates.
Issuer welcomes Customer’s questions or comments regarding the Terms at: 8 The Green, Suite # 11717, Dover, Delaware (19901), United States of America. Email Address: Support@collidercraftworks.com Effective as of May 20, 2022