Terms of Use
This policy was last modified on 01.03.2022.
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These Terms of Use (“Terms”) apply to your purchase, sale and display of Gloomins non-fungible tokens (“GL NFTs”).
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These Terms are entered into between you and Gloomins, (“we,” or “us”). These Terms expressly incorporate any other documents referenced herein (such as our Privacy Policy) and govern your access to and use of this site www.gloomins.io (the “Site”), as well as all content, functionality, and services offered on or through the Site, including the GLNFTs.
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1. Reviewing and Accepting These Terms
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Please read these Terms carefully, as they set out your rights and responsibilities when you use this Site to buy GLNFTs (the “Services”). When each GLNFT is sold for the first time, the agreement for sale is between the us and the initial purchaser. If the initial purchaser decides to sell the GLNFT through this Site, then this Site serves only as a platform that facilitates transactions between a buyer and a seller and we are not a party to any agreement between such buyer and seller of GLFNFTs or between any other users.
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All GLNFTs are stored on and accessible through the Ethereum Blockchain. As such, we do not maintain the GLNFTs on this Site and, aside from transferring control of the GLNFT to the initial purchaser of the GLNFT, we has no control over the transfer, storage, ownership or maintenance of the GLNFT.
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When you connect your cryptocurrency wallet to the Site using a trusted service provide such as MetaMask or Wallet Connect, you accept and agree to be bound and abide by these Terms and all of the terms incorporated herein by reference. By agreeing to these Terms, you hereby certify that you are at least 18 years of age. If you do not agree to these Terms, you must not access or use the Site.
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Please note that Section 17 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action. You have the ability to opt-out of this arbitration clause by sending us notice of your intent to do so within thirty (30) days of your initial agreement to these Terms.
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We reserve the right to change or modify these Terms at any time and in our sole discretion. You agree and understand that by accessing or using the Site following any change to these Terms, you are agreeing to the revised Terms and all of the terms incorporated therein by reference.
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Review the Terms each time you access the Site to ensure that you understand how the Terms apply to your activities on the Site.
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2. Linking Your Cryptocurrency Wallet
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When you link your cryptocurrency wallet, you understand and agree that you are solely responsible for maintaining the security of your wallet and your control over any wallet-related authentication credentials, private or public cryptocurrency keys, non-fungible tokens or cryptocurrencies that are stored in or are accessible through your wallet. Any unauthorized access to your cryptocurrency wallet by third parties could result in the loss or theft of GLNFTs and/or funds held in your wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). We are not responsible for managing and maintaining the security of your cryptocurrency wallet nor for any unauthorized access to or use of your cryptocurrency wallet. If you notice any unauthorized or suspicious activity in your cryptocurrency wallet that seems to be related to this Site, please notify us immediately.
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3. Ownership
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Unless otherwise indicated in writing by us, the Site, all content, and all other materials contained therein, including, without limitation, Our logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of Gloomins or our affiliates, licensors, or users, as applicable. Gloomins logo and any Gloomins product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of Gloomins or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
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You may not use any Site Content or link to the Site without our prior written permission. You may not use framing techniques to enclose any Site Content without our express written consent. In addition, the look and feel of the Site Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of Gloomins and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
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4. Terms of Sale
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By placing an order on the Site, you agree that you are submitting a binding offer to purchase an GLNFT or other Service. If you are the initial purchaser of a GLNFT or you are purchasing a Service, then all amounts due are to be paid to Gloomins. If you are not the initial purchaser of a GLNFT, then amounts may be paid to the-then holder of the GLNFT. You also acknowledge and agree that we receives 10% of every subsequent sale of a GLNFT (“Royalty”). For example, if you are the initial purchaser, and you sell a GLNFT for $100 to a subsequent purchaser, $10 will automatically be transferred to us and you will receive $90. We have the right collect Royalties for GLNFT sales in perpetuity and may use those funds in any manner we sees fit. Notwithstanding the foregoing, we have committed to donate 5% of all our Royalties receives quartely to a charity of our DAOs choosing. We may make such payment at such time at it desires.
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As such, if you sell a GLNFT on a third-party NFT marketplace, you agree to include a statement substantially similar to the following in the description of the NFT:
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“10% Royalty Applies. See Gloomins Terms for details.”
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In addition, when you buy or sell a GLNFT on this Site, you agree to pay all applicable fees associated with the transaction and you authorize Us to automatically charge and collect such fees from your payment. We will always display a breakdown of any transaction or other fees prior to your purchase or sale of a GLNFT.
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No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
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5. Intellectual Property
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UNDER CONSTRUCTION
But if you own a GLNFT, you can use it by your own without any limitations. But please consider every paragraph in 3. Ownership section. More details will be announced soon.
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6. Taxes:
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We are not responsible for determining the withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto (“Taxes”), that may apply to transactions on this Site. You agree that you are solely responsible for determining what, if any, Taxes apply to your transactions and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities. Unless otherwise indicated on an applicable invoice, amounts due on this Site are exclusive of sale, use, value added or similar Taxes (“Sales Taxes”). This means that Sales Taxes become your sole responsibility. Upon our request, you agree to promptly provide a properly executed and any other tax form that is reasonably required by us so to comply with our tax reporting obligations.
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7. Privacy
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You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy, which is incorporated into these Terms.
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8. Modifications
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You agree and understand that we may modify part or all of this Site or the Services without notice, and that we may update these Terms and any other document incorporated by reference therein at any time.
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9. Risks
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Please note the following risks in accessing, purchasing, selling or using GLNFTs: The price and liquidity of blockchain assets, including GLNFTs, are extremely volatile and may be subject to large fluctuations. Fluctuations in the price of other digital assets could materially and adversely affect GLNFTs, which may also be subject to significant price volatility. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of GLNFTs. GLNFTs are not legal tender and are not backed by any government. Transactions in GLNFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in GLNFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction. The value of GLNFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for GLNFTs, which may result in the potential for permanent and total loss of value of a particular GLNFT should the market for that GLNFT disappear.
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You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding GLNFTs, including the suitability and appropriateness of, and investment strategies for, GLNFTs. You agree and understand that you access and use this Site at your own risk; however, this brief statement does not disclose all of the risks associated with GLNFTs and other digital assets. You agree and understand that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using GLNFTs, however caused.
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10. Disclaimers
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EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GLOOMINS, THE SITE AND ANY SITE CONTENT CONTAINED THEREIN, AND ANY AND ALL GLNFTS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. GLOOMINS (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
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WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. GLOOMINS DOES NOT REPRESENT OR WARRANT THAT SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
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WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND SITE CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT, ANY GLNFTS LISTED ON OUR SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
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WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF GLNFTS INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR GLNFTS.
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GLNFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT GLOOMINS OR ANY GLOOMINS PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY GLNFT.
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11. Limitation of Liability
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TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GLOOMINS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, SITE CONTENT, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF GLOOMINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, SITE CONTENT, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
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NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF GLOOMINS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, SITE CONTENT, GLNFTS, OR ANY SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU HAVE PAID TO GLOOMINS FOR THE SERVICES IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.
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We are not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the GLNFTs. Gloomins is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting GLNFTs including forks, technical node issues or any other issues having fund losses as a result.
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Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
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If you have any questions about this Section, please email us at support@gloomins.io or write to us at one of the following addresses:
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David Oster
c/o Grosch Postflex #2185
Emsdettener Str. 10
Germany, 48268 Greven