NFT Terms of Service
Last Revised March 30, 2022
PLEASE READ THESE NFT TERMS CAREFULLY BEFORE USING THE PLATFORM AS THEY AFFECT YOUR LEGAL RIGHTS. THESE NFT TERMS GOVERN YOUR USE OF THE PLATFORM, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT OR PROVIDED SPECIFIC TERMS WITH YOU FOR THAT PURPOSE. THE PLATFORM IS ONLY AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE NFT TERMS. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THESE TERMS WHENEVER YOU USE THE PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE PLATFORM.
IF YOU ARE ACCEPTING THESE NFT TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE NFT TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE NFT TERMS, THEN WE ARE UNABLE TO MAKE THE PLATFORM AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE NFT TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.
BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE PLATFORM OR ANY PART OF IT, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE NFT TERMS, AND YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OLD OR OLDER.
Purchase and Ownership of NFTs.
NFTs provided may:
(a) include additional functionality, content, or subscription access to goods, services and/or experiences, which will be expressly stated in the information regarding such NFT;
(b) be unique or part of a limited series, redeemable only once, or include additional limitations;
(c) be redeemable for other goods or services;
(d) be subject to additional terms or conditions, which shall be stated in the information regarding the NFT; and
(e) be subject to applicable laws, regulations, and policies in effect.
UNLESS STATED OTHERWISE IN THE DESCRIPTION OF THE APPLICABLE NFT, AN NFT THAT YOU OWN WILL BE TRANSFERABLE, BUT ANY TRANSFEREE WILL BE SUBJECT TO THESE NFT TERMS. NFTS THAT WE PROVIDE ARE UTILITY TOKENS TIED TO UNIQUE GOODS, SERVICES AND EXPERIENCES. YOU SHOULD NOT PURCHASE OUR NFTS WITH A VIEW TO INVESTMENT, RESALE OR SPECULATION. THERE CAN BE NO ASSURANCE AS TO THEIR PRESENT OR FUTURE VALUE, TRANSFERABILITY OR MARKETABILITY.
Platform and NFT Creative Materials
You acknowledge and agree that all features and materials on the Platform, and associated with the NFT, including text, images, artwork, illustrations, designs, icons, drawings, photographs, video clips, labels, logos, insignia, trade dress, copyright, creative materials, and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Creative Materials"), are owned, controlled, or licensed by RIPT, and other trademarks appearing on the Platform are the trademarks of RIPT and/or its subsidiaries. The rights that you have in and to the Creative Materials are limited to those expressly stated below, under “Intellectual Property Ownership, Licenses and Restrictions.” Notwithstanding any purchase of NFTs, all right, title, and interest in the RIPT Intellectual Property (as defined below), including the Creative Materials and other RIPT Intellectual Property incorporated in any NFTs (including NFTs that you own) and including all copyrights, trademarks, and other intellectual property rights therein, are held by RIPT or its licensors, and you agree not to infringe, violate, or misappropriate those exclusive rights.
The Platform and the Creative Materials are intended solely for personal, non-commercial use. You may download or copy the Creative Materials and other downloadable materials displayed on the Platform for your personal use only. No right, title or interest in any downloaded Creative Materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Creative Materials or the Platform.
Unless otherwise specified, the Platform and the Creative Materials are intended to promote RIPT's products and services available in the United States. The Platform are controlled and operated by RIPT from its offices in New Hudson, Michigan, or its service provider Shopify.
Intellectual Property Ownership Licenses and Restrictions
In addition to RIPT’s ownership of the Creative Materials, subject to the licenses expressly granted in these Terms, RIPT and its licensors own all right and interest into any and all proprietary software, or other technology associated with the NFT, and any and all other content and materials available through the NFT.
Unless explicitly stated, you should assume that all RIPT intellectual property is protected by copyright, trademark and other applicable intellectual property rights and may not be used except as permitted in these NFT Terms. RIPT does not grant, by implication, estoppel, or otherwise, any license or right to use any RIPT intellectual property or NFTs in a manner inconsistent with these NFT Terms without the prior written permission of RIPT and/or any third party that may own additional intellectual property
Subject to your complete and ongoing compliance with these Terms, applicable Supplemental Terms, and any other applicable terms, RIPT grants you a limited, non-exclusive, non-transferable (except in connection with a Secondary Sale), revocable license to access and use the Platform and any NFTs that you own (including all software, Creative Materials, content, virtual items and other material associated with the NFTs) for (a) your own personal, noncommercial use (b) as part of a marketplace that permits the purchase and sale of your NFTs, provided that the marketplace cryptographically verifies your right to display the Creative Materials to ensure that only the actual owner of such NFT can display such Creative Materials, and (c) as part of a third party website or application that permits the inclusion, involvement, or participation of your NFT, provided that the website/application cryptographically verifies each NFT owner’s rights to display the Creative Materials for their NFT to ensure that only the actual owner of such NFT can display the Creative Materials, and provided that the Creative Materials are no longer visible once the owner of the NFT leaves the website/application. You may not use the Platform for any unlawful purpose. We reserve all rights in and to the Platform and the NFTs not expressly granted to you under these NFT Terms. For clarity, except for the foregoing license, neither your purchase of the NFT nor these Terms grant you any other license or rights to any Creative Materials and you agree that all rights, titles, and interests in and to the Creative Materials belong exclusively to RIPT (or, as applicable, its subsidiaries and/or licensors) and no rights are granted to you other than the foregoing license.
You may not (and may not permit any third party to), except and solely to the extent that such restriction is impermissible under applicable law: (i) modify the Creative Materials or the NFT in any way, including without limitation, the shapes, designs, drawings, attributes, or color schemes or combine the NFT or its contents with, or embed the NFT or its contents into, any digital or other content or media; (ii) use the Creative Materials to advertise, market, or sell any product or service (with the exception of a resale of an NFT as permitted by these NFT Terms and applicable law); (iii) use the Creative Materials in any manner which would constitute or amount to an endorsement of or relationship with any particular third party, entity, product, product category, charity or service; (iv) grant any third-party the right to use through the Creative Materials; (v) use the Creative Materials or NFT in connection with images, videos, or other forms of media or content that depict or promote violence, hatred, sexual conduct, illicit drugs or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others, or in any other manner which could tarnish or harm the reputation of RIPT; (vi) use the Creative Materials in movies, videos, or other forms of media, except solely for your own personal, non-commercial use; (vii) sell, distribute, or otherwise commercialize merchandise that depicts, embodies, contains, or consists of the Creative Materials; (viii) attempt to trademark, copyright, or otherwise acquire any intellectual property rights in the Creative Materials except for the limited license granted pursuant to these NFT Terms; (ix) otherwise use the Creative Materials for your or any third party’s commercial benefit, (x) profit from, license or otherwise commercialize in any way the NFT or its contents, including in connection with the marketing, advertising, or selling of any third-party product (including giving away such products in the hopes of eventual commercial gain), except as part of a Secondary Sale (as defined below), (xi) attempt to mint, tokenize, or create an additional cryptographic token representing the Creative Materials on any platform, or (xii) falsify, misrepresent, or conceal the authorship of the Creative Materials or the NFT.
To the extent that the Creative Materials contain any intellectual property licensed from a third party, you will not have the right to use such third-party intellectual property in any way except as incorporated in the Creative Materials (and subject to all the restrictions set forth herein with respect to your use of the Creative Materials). The license granted in these NFT Terms apply only to the extent you continue to Own the applicable NFT. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of a NFT for any reason, the license granted in these NFT Terms will immediately expire, and you will have no further rights in or to the NFT or the related Creative Materials.
In addition, you agree that you shall not remove any proprietary notices or labels on or in the RIPT Intellectual Property and/or not bypass, modify, defeat, or circumvent any technologies or methods to deliver or protect the NFTs or any other RIPT Intellectual Property.
We reserve the right to modify or discontinue the NFTs or the Platform (or any parts of any associated software or applications relating thereto) with or without notice at any time; provided, however, that we will use reasonable efforts to provide advance notice of such action. RIPT (including, without limitation, our licensors) shall not be liable to you or any third party for any modification, suspension, or discontinuance of the NFTs or the Platform or any associated software, applications, or functionality.
Certain provisions of these Terms may be superseded by expressly designated legal notices, rules or other terms located on different pages of the Platform. To participate in or use certain services you may be required to agree to additional or different terms and conditions (“Supplemental Terms”).
Through the Platform, you may be permitted to purchase or place a bid on and subsequently pay for certain non-fungible tokens created by or on behalf of RIPT Apparel. (“NFTs”).
Purchasing an NFT entitles you to the ownership of that certain NFT. Except as set forth below, you may use or resell that NFT as you choose, provided that any purchase of a resold NFT (the “Secondary Sale”) will also be subject to these Terms and any applicable Supplemental Terms. Immediately following any Secondary Sale, your ownership of the NFT and rights under any associated licenses will terminate. Your purchase of, and the transfer of ownership of, that certain NFT is subject to your agreeing to these Terms, any Supplemental Terms and any other applicable terms, including, but not limited to, the terms applicable to the Shopify marketplace operated by Shopify, Inc., and the terms applicable to any other NFT marketplace that permits the Secondary Sale of NFTs in a manner that fully enables the smart contract contained within such NFTs (either such marketplace, the “NFT Marketplace”). If at any time you sell, trade, donate, give away, or transfer your NFT to a new owner through the NFT Marketplace, the associated license shall be transferred to that new owner, and you will have no further rights in or to the NFT or Creative Materials (defined below). If at any time you burn or otherwise dispose of your NFT for any reason, or sell, trade, donate, give away, or transfer your NFT other than through the NFT Marketplace, the license will immediately expire with respect to that NFT without the requirement of notice or any further action, and you will have no further rights in or to the NFT or Creative Materials.
Sales hosted on third party sites (“Third Party Sites”) are governed by and subject to the Third-Party Sites’ Supplemental Terms and any other Supplemental Terms applicable to that specific sale. We have no control over, and do not necessarily endorse any Third-Party Sites, services, or products. You acknowledge and agree that such Third-Party Sites are accessed at your own risk and such risk includes, without limitation, any resulting tax reporting, compliance, or payment obligations.
No refunds or returns are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed in bad faith.
All sales of NFTs are final. Once you have made a purchase of an NFT, you should promptly take the necessary steps to complete your transaction (e.g., activate or download any content or secure any seed phrase or corresponding private key). We encourage the use of secure, offline storage measures for NFTs. You may resell or otherwise transfer an NFT that you Own where this is permitted by these NFT Terms and applicable law. Any sale or transfer must provide for the transfer of all your rights then outstanding with respect to such NFT. Anyone receiving such NFTs from you agrees to and is bound by these NFT Terms. You are strictly forbidden to sell, swap, donate, give away, transfer, or otherwise dispose of your purchased NFT to any person who is not eighteen (18) years or older. We reserve the right to limit, change, cancel, or relist any auctions, without prior notice, even after bids have been submitted.
NFTs that are listed for sale through auction may be purchased using credit cards or other listed payment methods.
If you are placing a bid with a credit card, you are required to enter a valid credit card number to place a bid for any item. Although your credit card will not be charged unless you are the winning bidder, we reserve the right to put an authorization or hold on the credit card for an amount reasonably related to the item on which you are bidding.
In the event the NFT will be auctioned, bidding will begin once the auction goes live, and will be accepted until the auction period ends as will be set forth on the auction page. The highest bidder at the close of the auction period will win.
When bidding in an auction, you agree that, (a) you are making an irrevocable binding offer to purchase the item and that if you are the winning bidder, that your bid is a legally binding contract to purchase the item and we may charge your credit card at the time the auction closes; (b) you are responsible for reading and understanding the full item listing and any Supplemental Terms that accompany the listing; (c) you will not take any actions that directly or indirectly manipulate the bid or the bidding process and that no shill bidding is permitted; and (d) you will not bid on any item which violates any law, rule or regulation to which you are subject and that if you do so your bid is considered null and void. The winning bid will be the bid that is the highest dollar amount at the time the auction closes. Auction closing times are approximate, and we reserve the right to close an auction early or later (including, without limitation, if we receive a bid prior to closing time for any auction) than the scheduled time or to cancel an auction in its entirety for any reason.
Each bid is a legally binding offer, and you may not cancel or retract your bid once placed.
Assumption of Certain Risks
There are inherent risks associated with using Internet-based digital assets such as NFTs and cryptocurrency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your electronic wallet. You accept and acknowledge that RIPT will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Polygon blockchain network, however caused. Due to the rapidly evolving nature of the digital asset market, it is not possible to know all the risks involved in making an investment in digital assets, and new risks may emerge at any time. The following are some of the risks associated with NFTs.
The Platform does not store, send, or receive NFTs. This is because NFTs exist only by virtue of the ownership record maintained on the Platform’s supporting blockchain in the Polygon blockchain network. More specifically, NFTs are intangible digital assets and exist only by virtue of the ownership record maintained in the Polygon blockchain network. RIPT is an intermediary and not an agent or fiduciary for any purpose. Any transfer of NFTs occurs within the supporting blockchain in the Network, and not on the Platform. We do not make any promises or guarantees about the availability of NFTs or that it will host your or any other NFTs at any specific location and/or for any specific period of time. Upgrades to the Polygon blockchain, a hard fork or other change to the Polygon blockchain, a failure or cessation of the Polygon blockchain or its underlying cryptocurrency, or a change in how transactions are confirmed on the Polygon blockchain may have unintended, adverse effects on all blockchains using those or similar technologies, including the NFTs. We do not make any promises or guarantees related to the Polygon blockchain, or any other third parties related to the NFTs or the Platform (including any of their respective applications and/or services, as well as to the continued availability of or the protection or storage of any data you provide to those parties). You accept and acknowledge that we will not be responsible for any loss of access to your NFTs due to loss of your private key(s), custodial error or purchaser error, mining attacks, hacking, security weaknesses, fraud, counterfeiting, cyberattacks and other technological difficulties.
once you own any NFT, you are responsible for any loss or damage to, or loss of access to, the NFT and neither RIPT nor any of its licensors shall have any liability in such circumstances, regardless of cause. You expressly understand and agree that your use of the Platform and any NFTs is at your sole risk and that the Platform and NFTs are provided “as is” and “as available.” RIPT does not control the public Polygon blockchain. By your use of the Platform, you acknowledge you are aware of and accept all risks associated with a cryptographic system, including the Polygon blockchain, decentralized ledgers, smart contracts, digital wallets, and non-fungible tokens. RIPT is not responsible for the operation of the Polygon blockchain, or for any losses due to the Polygon blockchain or the use of a digital currency, including without limitation, (i) internet connectivity, (ii) hardware malfunctions, (iii) software bugs, viruses or exposure to malicious software, (iv) security breaches of your digital wallet, (v) system failures or outages, including our own, of a blockchain or blockchain application on which we depend, or with respect to third-party or decentralized trading platforms, applications or other intermediaries, counterparties or custodians, which could result in an indefinite loss of access to a digital asset. There are certain risks inherent in the dependence of transactions involving digital assets on a “private key,” which, if lost, stolen, or otherwise compromised, could result in the irreversible loss of the relevant digital assets. RIPT is not responsible or liable for any losses resulting from, related to, or based upon any of the foregoing.
You acknowledge and accept the risk that the price of digital assets is highly speculative and volatile and may be impacted by, among other things, fluctuations in the price of other digital assets. Digital assets also suffer from valuation and liquidity challenges. RIPT does not represent, warrant, or guarantee the accuracy or fairness of the price of any work sold on or off the marketplace, or that any such works will retain or increase their value. You acknowledge and agree that RIPT is not a fiduciary nor owes any duties to any user of the services, including the duty to ensure fair pricing of works or to police user behavior on the marketplace. You solely bear the risk of loss in purchasing, selling and/or transferring digital assets.
The regulatory landscape governing blockchain technologies, cryptocurrencies, and NFTs is evolving, uncertain and subject to new regulations or policies that may materially and adversely affect the development of the Platform ecosystem, and therefore the potential utility or value of your NFTs. Furthermore, changes in the legislative or regulatory environment may impact our ability to offer certain products or services. In addition, there are risks associated with the dependence on third-party decentralized trading platforms, applications, or other intermediaries (e.g., exchanges), counterparties or custodians to hold or convert digital assets that may be subject to little or no regulation, or that may operate in violation of regulations, including regulations related to sanctions compliance and anti-money laundering. You accept and acknowledge that we will not be responsible for the risk of changes to the regulatory regime, new regulations, unfavorable regulatory intervention in one or more jurisdictions or policies, issues with third party sites, any of which may materially adversely affect the use and value of the NFTs.
You are solely responsible for determining what, if any, tax obligations might arise from your transactions. Except as required by law, (i) RIPT is not responsible for determining your tax reporting or compliance obligations, and (ii) you are solely responsible for all tax obligations, including payment obligations, arising from your transactions completed via the Platform.
The Platform may not be used for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms or applicable Supplemental Terms may immediately and automatically terminate your right to use and access the Platform and may subject you to legal liability.
We reserve the right to take appropriate legal action for any illegal or unauthorized use of the Platform.
In addition to any right or remedy that may be available to use under these Terms or under applicable law, we reserve the right to limit, suspend or terminate your access to the Platform at any time, without notice and without cause. We may also refer any information on illegal activity, including your identical, to the proper authorities.
Errors, Inaccuracies, and Omissions
Information on our Platform may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after you have submitted your order).
User Generated Content
RIPT is pleased to hear from you and welcomes your comments and posts regarding our products and services in certain areas on the Platform. While we value your feedback, we are unable to accept or consider, and request you not to send, any creative ideas, suggestions, proposals, plans, or other materials submitted by you (collectively, “Submissions”) other than those we have specifically requested. This policy avoids the possibility of future issues when projects developed by RIPT's employees and agents may seem similar to your Submissions.
If you send certain specific submissions at our request (for example, contest entries, customer reviews or photographs), post comments, photos, reviews or other content on the Platform, or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, User Content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use your User Content in any medium. Except as otherwise specifically provided in writing, RIPT is and shall be under no obligation (1) to maintain User Content in confidence; (2) to pay compensation for User Content; or (3) to respond to User Content. We have the right but not the obligation to monitor and edit or remove any User Content. You may not repost, republish, or redistribute User Content outside of the Platform.
You agree that your User Content will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platform. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead RIPT or third parties as to the origin of any User Content. RIPT takes no responsibility and assumes no liability for any User Content posted by you or any third party.
Personal Information Submitted Through the Platform
Notice and Procedure for Making Claims of Copyright Infringement
RIPT respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide RIPT's Digital Millennium Copyright Act ("DMCA") designated agent the written information specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description where the material that you claim is infringing is located on the Platform;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
RIPT's Copyright Agent for notice of claims of copyright infringement on the Platform can be reached as follows:
30771 Milford Rd., New Hudson, MI 48165
Phone: (844) 445-6805
Please note that this procedure is exclusively for notifying RIPT and its subsidiaries that your copyrighted material has been infringed.
Third Party Transactions
Through your use of the Platform, you may have the opportunity to engage in commercial or other transactions with other users or third parties. You acknowledge that all transactions relating to any products or services offered by any third party, including but not limited to the payment terms, warranties, guarantees, and delivery terms relating to these transactions, are agreed to solely between the third party and you, and that you will look solely to the involved third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party but all limitations of liability and other rights of RIPT shall apply nonetheless. Any warranty that is provided by a third party in connection to any products, services, materials, or information from that third party is provided solely by that third party and not by RIPT
Right to Change the Platform
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Platform or any service, content, feature, or product offered through the Platform, with or without notice; charge fees in connection with the use of the Platform; modify and/or waive any fees charged in connection with the Platform; and/or offer opportunities to some or all users of the Platform. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform, or any service, content, feature, or product offered through the Platform.
Links to Other Websites and Services
The Platform may contain links to other websites that are not under the control of RIPT. RIPT has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the Platform and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for your convenience and information.
You agree to defend, indemnify, and hold RIPT harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, due to your use of the Platform and/or your breach of any representation, warranty, or other provision of these Terms.
Limitation of Liability
In no event will RIPT be liable to you for any special, incidental, exemplary, indirect, punitive, or consequential damages (including loss of profits) with respect to the subject matter of these Terms, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not you have been advised of the possibility of such loss or damage. RIPT’s aggregate liability under these Terms shall not exceed the net revenues received by RIPT in connection with any transaction in which you purchased or sold your NFT. The foregoing limitation of liability shall only apply to the extent permitted by applicable law. In no event will RIPT be liable for any inability for you to access the Creative Materials for any reason, including as a result of any downtime, failure, obsolescence, removal, termination, or other disruption relating to (a) the servers upon which the Creative Materials is stored; (b) the NFT Marketplace or (c) any other NFT platform.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE PLATFORM. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE PLATFORM, INCLUDING ALL INFORMATION AND CREATIVE MATERIALS MADE AVAILABLE ON OR ACCESSED THROUGH THE PLATFORM, ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE PLATFORM, THE CREATIVE MATERIALS WITHIN AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE PLATFORM. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PLATFORM OR ANY MATERIALS OR CREATIVE MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR THE USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE CREATIVE MATERIALS AND ANY ERRORS CONTAINED THEREIN. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the lesser of (a) the amount paid by you for products and services that are the subject of the claim at issue during the prior 12 months or (b) $20. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. These Terms (including, without limitation, the license granted hereunder) is personal to you and shall not be assigned or transferred by you, except to a new owner of the NFT as described above. Any other attempt by you to assign, sub-license, or transfer your rights under these Terms shall be null and void.
Your rights and remedies in the event of any breach of these Terms are strictly limited to the right, if any, to recover damages in an action at law, and you acknowledge that your remedy of money damages is adequate. You will not be entitled by reason of any such breach, and you will not seek, any equitable relief, whether injunctive or otherwise.
These terms are effective unless and until terminated by either you or RIPT You may terminate these Terms at any time. RIPT also may terminate these Terms at any time without notice, and accordingly may deny you access to the Platform, if in our sole judgment you fail to comply with any term or provision of these Terms. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
Severability and Survival
If any portion of these Terms are found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Terms.
These Terms are governed by the laws of the State of Michigan, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of RIPT's right to require strict observance of each of the terms herein. These Terms constitute the entire agreement between us relating to your use of the Platform.
We control and operate the Platform from the United States of America. We do not represent that the Creative Materials on the Platform or other materials are appropriate or available for use in other locations. If you choose to access the Platform from other locations, you do so at your own risk and are responsible for compliance with all local laws, if and to the extent local laws are applicable.
PLEASE PRINT A COPY OF THIS NFT TERMS FOR YOU RECORDS AND PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES.