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Terms and Conditions for the use of 2219 minting website (hereafter referred to as T&C)

April 2023 – 1st version

 

Scope and Definitions

 

Ethernalhorizons, 229 RUE SAINT HONORE 75001 PARIS email address: [email protected] (hereafter referred to as Platform Operator or We) operates under [https://2219.mechachain.io/connect] an NFT platform (hereafter referred to as minting website) for the sale or giving away of 2219 nonfungible tokens.

 

The term « Content » refers to the artwork or any files and materials embodied in the purchased NFT and licensed under these terms. « Digital Wallet » is a solution for managing crypto-currencies and/or NFTs, including receiving, storing, transferring, exchanging, or spending. « ETH » is the commonly designated cryptocurrency that is tradeable on Ethereum and its successors, and in case of a « fork » or split, Platform Operator will determine which resulting cryptocurrencies can be used to purchase NFTs under these terms. « Ethereum » refers to the Ethereum mainnet and blockchain recognized by the official Go Ethereum Client, or its legitimate successor. « NFT » is a non-fungible token registered on a Blockchain network, and in these terms, refers to NFTs sold by Platform Operator on the Primary Market through the NFTPlatform. « Primary Market » is the first transaction of an NFT through sale from Platform Operator to a User on the NFTPlatform. « Third Party Marketplace » is a service provided by a third party for the transfer, trade, sale, or purchase of NFTs on the Secondary Market. « User » refers to any merchant, legal person under public law, or special asset under public law who accesses and purchases or holds an NFT on the 2219 NFTPlatform. « Secondary Market » refers to subsequent transactions or transfers of an NFT, including sales or gifting, between Users or a User and any third party following the initial Primary Market transaction. These terms apply to the use of the minting website and the purchase of NFTs on the 2219 minting website by Users.

 

These terms also apply to all future transactions with the User, and the User’s conflicting, deviating, or supplementary terms and conditions are excluded, even if Platform Operator does not expressly object to such terms and conditions.

Availability and Eligibility

The minting website is unavailable in certain countries, including Cuba, Iran, Libya, North Korea, Sudan, and Syria. To purchase NFTs through the minting website, you must meet certain requirements: you need to have a wallet from a compatible provider such as Metamask or Wallet Connect, and the amount of ETH in your wallet must cover the intended purchase. Specific eligibility criteria may apply for certain NFTs, and they will be made available on the 2219 NFTPlatform or during the purchase process.

 

To use the minting website fully, you must enter into a Platform Contract with the Platform Operator. This can be done by accepting the contract through registration on the minting website or by accepting it during the purchase of one or more NFTs. The Platform Contract does not impose any purchase or payment obligations on the User alone. The terms of the Platform Contract are determined by these T&C, which may be amended by the Platform Operator for legitimate reasons, such as legal, regulatory, or security concerns.

 

Any changes will be effective upon acceptance by the User. Each transaction on the platform incurs a fee, meaning that you will need to pay a transaction fee for each transaction initiated through the platform. You are responsible for paying all gas fees required to complete a transaction on the Ethereum blockchain, and you should ensure that you have adequate funds and resources before initiating any transactions.

Protection of Intellectual Property and Actions Not Allowed

All rights to intellectual property, including copyrights and trademarks, relating to the structure, content, or any component of the minting website belong to the Platform Operator or its third-party licensors.

 

The User is not granted any intellectual property rights through these T&C. Any complete or partial reproduction, modification, representation, or use of any element of the 2219 NFT platform by the User for any reason, except as permitted by these T&C, is strictly prohibited. In particular, the User may not: Use the minting website and/or the NFTs for any purpose other than those set out in the T&C; Attempt to derive the source code or underlying ideas or algorithms of any portion of the minting website and/or the NFTs through deciphering, decompiling, disassembling, reverse engineering, scraping, or any other means, except as permitted by applicable law; Interfere with the functioning of the website, impose an unreasonable or disproportionately large load on the 2219 minting website infrastructure, circumvent any technical measures used by the minting website or distribute any virus or any other technology that may harm the 2219 minting website; or Create derivative works of any part of the 2219 minting platform and/or the NFTs by modifying, translating, or otherwise.

 

The above list of prohibited behaviors is not intended to be exhaustive. The User must comply with all applicable laws relating to the use of the minting website and/or the NFT.

 

Purchase of NFTs:

 

The User may purchase NFTs for a fixed fee by concluding an individual sales contract with the Platform Operator according to the procedure outlined below.

 

To purchase NFTs for a fixed fee on the 2219 minting website, the User may select an NFT collection from which they wish to purchase one or more NFTs. Eligibility to purchase a NFT from specific collections may depend on certain criteria, such as having previously purchased a Mechachain NFT or participating in community spaces.

 

The User will be required to provide or confirm their payment information. It will then be confirmed that the User’s Digital Wallet holds sufficient ETH for the intended purchase. After confirmation, the User will see an overview of the selected NFT collection and the total fee.

 

After successfully purchasing an NFT from a specific NFT collection, the User will receive a randomly selected NFT from the same collection before validating the purchase.

 

The User must pay for the NFT(s) using the ETH cryptocurrency, which includes all applicable taxes but not the gas fee payable for the respective transaction.

 

All transactions on the minting website are processed through smart contracts on the Ethereum network. Every transaction on the Ethereum network requires a gas fee, which the User is responsible for paying. The consideration shown for the NFT(s) on the minting website does not include the gas fee. The User must ensure they have enough ETH funds in their Digital Wallet. The total consideration (including the gas fee) is displayed to the User before they validate their purchase.

 

When a NFT is transferred to the User, it is registered in the Ethereum blockchain. After the User completes the purchase, they will automatically receive the selected NFT(s) from the collection in their Digital Wallet.

 

To receive and store their NFT(s) purchased from the Platform Operator, the User must have a Digital Wallet compatible with the NFTPlatform. Compatible Digital Wallets include Metamask, Coinbase Wallet, and any Digital Wallet that works with Wallet Connect.

 

Digital Wallets are provided by third parties, not by the Platform Operator. The T&C provided by the Platform Operator does not apply to the User’s use of the Digital Wallet. Instead, the User should read the terms and conditions provided by the relevant third-party Digital Wallet provider and ensure they maintain the security of their Digital Wallet.

 

The Platform Operator does not have access to the User’s wallet private keys.

 

The User’s Digital Wallet public address is visible every time they engage in a transaction. The respective third-party Digital Wallet provider may charge a fee for their services. It is the User’s responsibility to ensure that their Digital Wallet is compatible with the minting website and stored in appropriate security conditions. Failure to do so may result in the loss or theft of NFTs. Any action resulting from a compromised Digital Wallet is the responsibility of the User.

 

The User has the possibility of receiving or claiming free distributions of NFTs, which may be provided by the Platform Operator or ethernal horizons. These NFTs may be subject to separate terms and conditions, which will be communicated to the User if applicable. The distribution of these digital assets is known as an « Airdrop ».

 

The User who purchases NFTs based on these T&C is considered the holder of those NFTs. This ownership is confirmed and authenticated by a particular protocol, i.e., smart contract, on the Ethereum network. The Platform Operator does not provide any assurance or commitment regarding smart contracts. The Platform Operator has no authority over the User’s ownership of the NFTs and cannot alter it.

 

Secondary Market transactions:

 

The User is not permitted to resell NFTs on the minting website. However, they may sell their NFTs on a Third Party Marketplace subject to limitations that may be specified for each NFT on the minting website.

 

Upon a Secondary Market transaction, the new holder of the NFT will obtain the right to use/claim any associated Function(s) that have not been redeemed by the previous User. Additionally, any digital item(s) obtained by the User as a result of the redemption of any Function associated with the NFT will transfer to the new holder. However, any physical item(s) obtained by the User will remain with the User and not transfer to the new holder.

 

The Platform Operator is not responsible for Secondary Market transactions on Third Party Marketplaces and cannot be held liable for sales, purchases, or transfers made outside the minting website. The Users are responsible for checking which rights are associated with an NFT purchased on a Third Party Marketplace, and for paying applicable taxes resulting from their use and resale of the NFTs.

 

The Secondary Market transactions on Third Party Marketplaces may be subject to a commission for the benefit of the Platform Operator and/or any third party that participated in the NFT creation, as specified for each NFT on the minting website. By purchasing the NFT on the minting website, the User accepts the existence of this possible commission.

 

In the context of Secondary Market transactions on Third Party Marketplaces, the User is responsible for informing the purchaser of the potential commission and the provisions of the T&C. The User is also obligated to ensure that subsequent purchasers pay such commissions for the benefit of the Platform Operator and/or any third party that participated in the NFT creation.

 

Risks:

 

Non-Fungible Tokens (NFTs) are volatile assets whose value is not guaranteed and can potentially become zero, which exposes the user to the risk of partial or total loss of the consideration paid for the NFT. Additionally, resales or transfers of NFTs, especially through Third Party Marketplaces, may be subject to varying transaction fees, including gas fees, which could limit or prevent the resale or transfer of NFTs.

All NFT transactions are conducted through blockchain technology, which is an emerging technology that carries risks such as malfunctioning, vulnerability, unintended function or unexpected operation of the blockchain network, making it vulnerable to cyber security threats. Loss or theft of the user’s private key to their digital wallet, or misuse of the digital wallet, may also result in the loss of access to the NFTs and their functions. Bugs or vulnerabilities in NFTs or associated smart contracts may result in the loss of access to the user’s NFTs and any functions related to them. These risks are the sole responsibility of the users, and the Platform Operator is not liable for any loss of value of the user’s NFTs or any functions related to them.

 

The user shall be solely responsible for the secure storage of their digital wallet private keys, and the Platform Operator shall not be liable for any damages related to the user’s digital wallet and its use or resale of NFTs on Third Party Marketplaces.

 

Changes:

 

The rules and regulations governing Non Fungible Tokens, crypto-assets, crypto-currencies, and blockchain-based services may change rapidly, which could affect your use of the minting website and/or NFTs. The Platform Operator will not be responsible for any consequences resulting from legislative and regulatory developments related to these technologies.

 

Personal Information:

 

When using the minting website, certain data, including personal information, may be collected for the purpose of providing services related to the sale of NFTs, customization options, functions, etc.

 

Withdrawal:

 

If the user is a consumer, they have the right to withdraw from the contract within 14 days of its conclusion. To exercise this right, the user must inform Ethernalhorizons via email at [email protected].

 

the contract is concluded. If the user withdraws from the contract, Ethernalhorizons will reimburse all payments made, including delivery costs (excluding supplementary costs resulting from the user’s choice of a delivery method other than the least expensive standard delivery offered), using the same means of payment as the user used for the initial transaction.

 

If the user requested to begin performance of the services during the withdrawal period, they will need to pay a reasonable amount in proportion to what has been provided until the withdrawal is communicated. The right of withdrawal expires in the case of a contract for the provision of services if the service has been provided in full or if the contract places the user under an obligation to pay and Ethernalhorizons has only begun to perform the service after the user’s express consent and confirmation of their knowledge that they will lose their right of withdrawal upon full performance of the contract by Ethernalhorizons.

 

The right of withdrawal also expires in the case of a contract for the supply of digital content not on a tangible medium if Ethernalhorizons has commenced performance of the contract and the user has expressly consented to this prior to the expiry of the withdrawal period and confirmed their knowledge that by giving their consent, they lose their right of withdrawal upon commencement of performance of the contract and Ethernalhorizons has provided confirmation of the concluded contract.

 

Withdrawal form template: (Only complete and return this form if you intend to withdraw from the contract)

 

229 Rue Saint Honore 75001 Paris, France Email address: [email protected]

 

I/We () hereby give notice that I/we () withdraw from my/our () contract for the sale of the following goods () / for the provision of the following service (*)

 

Ordered on () / received on ()

 

Name of consumer(s)

 

Address of consumer(s)

 

Signature of consumer(s) (only if this form is sent on paper)

 

Date

 

(*) Delete as appropriate.

 

Specifically, in the case of the 2219 NFT collection, the right of withdrawal expires when the user mints an NFT and ticks the box « I agree to the immediate provision of the contractual service (i.e., receiving the NFT) and I have been informed that I hereby lose the right of withdrawal. »

 

The withdrawal period begins on the day

 

Limitation of liability:

The Platform Operator will not be liable for any indirect, consequential, special, incidental, or punitive damages, or damages for lost profits, revenues, or data arising out of or in connection with the use of the minting website or the purchase, sale, or transfer of NFTs.

 

The Platform Operator’s liability for any direct damages arising out of or in connection with the use of the minting website or the purchase, sale, or transfer of NFTs will be limited to the amount paid by the User to the Platform Operator for the NFT in question.

 

The Platform Operator will not be liable for any damages resulting from force majeure, including, but not limited to, natural disasters, acts of terrorism, strikes, or governmental actions.

 

Indemnification:

 

The User agrees to indemnify, defend, and hold harmless the Platform Operator and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with the User’s use of the minting website or the purchase, sale, or transfer of NFTs.

 

Governing law and jurisdiction:

 

These T&C shall be governed by and construed in accordance with the laws of France without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with these T&C shall be finally settled by arbitration in accordance with the Arbitration Rules of the France Institution . The place of arbitration shall be Paris, France. The language of the arbitration shall be English.

 

Miscellaneous:

 

These T&C constitute the entire agreement between the User and the Platform Operator and supersedes all prior agreements or understandings, whether written or oral, relating to the use of the minting website and the purchase, sale, or transfer of NFTs.

 

If any provision of these T&C is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

 

The failure of the Platform Operator to enforce any right or provision of these T&C will not be deemed a waiver of such right or provision.

 

The User may not assign these T&C or any rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the Platform Operator. The Platform Operator may assign these T&C or any rights or obligations hereunder without the User’s prior written consent.

 

The headings used in these T&C are for convenience only and do not affect the interpretation of these T&C.

 

Contact information:

 

If the User has any questions or comments about these T&C, they may contact Ethernalhorizons at [email protected].

Contact Information

If you would like to contact us to understand more about this general terms or if you would like to contact us regarding any questions about our terms, you may send an email to [email protected].

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