2.1While the general use of our Website and the Discord Channel does not require you to connect your wallet, you are required to connect your wallet in order to perform certain activities, including (but not limited to) participating in games to earn the Tiger Force utility Token and purchasing an NFT from our marketplace.
2.2Whilst we try to ensure that the Website and Social Media are accessible at all times, access may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our control. We shall not be held liable if for any reason the Website, the Social Media, and any other website that we link to are unavailable at any time or for any period.
3.1We are the Seller and Creator of the NFTs and owner and manager of the Website. We are not acting as agent for a third party.
4.1Please note that important information relating to eligibility for the Pre-Sale and the timing and mechanics of the Pre-Sale and Public Sale and the Reveal (together “Sale Information”) will be published by us in the “Announcements” channel of the Discord We will also communicate new information about the NFTs and the context of the history and creation of the NFTs on our Discord.
If you do not participate in and/or follow our Discord, you may not have all of the information required to participate in the sale of the NFTs and other buyers may benefit from additional information that you do not have when making your decision to buy an NFT.
In the event that information on our Discord is inconsistent with these Terms, these Terms shall prevail. 4.2By using the Discord you agree to abide by the terms and conditions of the platform, which includes complying with its registration and sign-up process.
If you are not currently registered with Discord, you should allow sufficient time to create an account before the Pre-Sale or any Public Sale date (as applicable).
4.3The Discord platform is operated by a third party, outside of our control. We therefore do not guarantee the availability of the Discord to you and we will not be responsible to you for any loss of access to the Discord that you experience.
5.REVEAL OF ART AND NFT TRAITS
5.1As set out on our Discord, one of the features of the NFTs is that the Art and traits associated with each NFT will be revealed after the conclusion of the Pre-Sale, the Community Sale and any Public Sale at the “Reveal”.
5.2The buyer of an NFT will not see the Art and traits associated with their NFT until the Reveal, which takes place after their purchase.
5.3Until the Reveal of the Art and the traits, each NFT will be associated with the same `placeholder` image. 5.4All Art and traits associated with each NFT are randomly shuffied and fixed before the Reveal.
6.1In order to mint and buy an NFT, either during the pre-sale window or the public sale window, you must first have a Wallet which you must connect to the Website or the marketplaces. To make a legally binding offer to purchase the chosen NFT, you must click the `MINT` button which will trigger the minting of the NFT.
6.2By clicking on the “Mint” button on the Website or one of the marketplaces you acknowledge and agree that you are submitting an irrevocable legally binding offer, either as an individual or on behalf of an entity, to acquire the NFT for the Price and pay the applicable Stacks gas fees for the transaction.
6.3Whilst you can purchase an NFT without following or participating in the Discord you may not have all the information associated with the NFT, the timing of and eligibility for the Pre-Sale window and the Reveal and you continue with your purchase at your own risk in full knowledge that you may not have access to the same information as other buyers.
6.4Please note that you must be at least 14 years old to enter into the transaction and by clicking on the “Mint” button, you are declaring that you are at least 14 years old. 6.5If the transaction is successful, the Wallet you used to place the offer will be charged for the Price and Stacks gas fees automatically and an NFT will be minted by you and deposited directly into your cryptocurrency Wallet upon generation. 6.6If you do not have sufficient funds in your Wallet to meet your offer plus any Stacks gas fees payable, your offer will automatically be cancelled but you may still incur Stacks gas fees associated with the failed transaction.
6.7Upon the generation of an NFT by you, your Wallet address shall automatically be entered in that NFT`s ownership log on the Stacks blockchain.
6.8Title to an NFT shall pass to you upon the generation of that NFT pursuant to a successful transaction in which the Price is transferred from you to us.
6.9 Risk in the NFT minted shall pass to you on Mint Delivery and we shall not be responsible for the NFT after Mint Delivery has occurred.
Risk in the Art shall pass to you within 24 hours of the Reveal, after which we shall not be responsible for the hosting or availability of the Art and we shall be under no obligation to retain any information, data or copies of the same, relating to the NFT or the Art.
6.10We cannot and do not represent or warrant that any NFT is reliable, current, or error-free, that it is compatible with your equipment or meets your requirements, or that any defects in the NFT will be corrected.
7.1The NFTs are sold “as is” and “as available”, and we make no representation or warranties as to the condition of the NFTs which are sold with all faults, inherent defects and errors.
You acknowledge that for the NFTs made available for purchase, “as is” includes associated Art and traits that are not known to the buyer at the time of purchase, but which are pre-set before minting and made known on the Reveal.
We make no statements, warranties, representations or guarantees as to the Art that will be revealed as associated with your NFT at the Reveal. Any statements on the Website and/or Social Media referring to the NFTs, the Placeholder or the Art are for information only and cannot be relied upon as a guarantee as to the condition, fitness for purpose, satisfactory quality, merchantability or future value. The NFTs, which will not exceed 2000 in number, are each unique and we consider any market value attributed to each individual NFT (based on rarity, collectability, or aesthetic qualities) to be subjective.
The sale of the NFTs is not a sale by description.
7.2By submitting an offer on an NFT, you acknowledge and agree that you understand the content and code contained in the Smart Contract associated with the NFTs, and that you have a sufficient knowledge and understanding of NFTs, cryptocurrency, NFT platforms/ marketplaces and blockchain technology to make an informed purchase of an NFT.
7.3 By submitting an offer on an NFT before the Reveal, you acknowledge and agree that you understand that all Art and traits associated with each NFT will not be visible until the Reveal. 7.4You acknowledge and agree that the NFT is a relatively new type of asset and is reliant on new and evolving technology. By purchasing an NFT you acknowledge the risks associated with potential loss including but not limited to loss of your private key, faults or weaknesses in security, risk of phishing attacks or hacking, change to regulation in one or more jurisdictions to which you may be subject (which may include changes to rules, regulation and policy around tax).
7.5You acknowledge that changes in functionality, use, hosting, transmission mechanisms and blockchain technology affecting the NFTs may affect your use of or availability to access an NFT. You acknowledge that it is your responsibility to ensure that you keep your technology and systems up to date to ensure that you can continue to interact with the Stacks blockchain and use and enjoy the NFT.
7.6 You are solely responsible for payment of all national, federal, state, local or other taxes of any jurisdiction, of whatever nature whether now in effect or imposed in the future by any governmental authority, tax authority or other competent authority with jurisdiction, including, without limitation, any income, sales, use, value-added taxes (VAT), goods and services and other taxes and duties associated with your purchase, use or sale of the NFTs.
8. RE-SALE ROYALTY
8.1We have set an automatic royalty on secondary sales of the NFTs at 5% of the sale proceeds. This royalty will be automatically transferred to our creator wallet following a secondary sale made by you through trading platforms that honour royalties.
9.WAIVER OF RIGHT OF CANCEL
9.1If you are a consumer pursuant to the EU Consumer Rights Directive and habitually reside in the European Union special cancellation rules apply in respect of the supply of digital content not on a tangible medium within the first 14 calendar days of your purchase (“Cancellation Period”). By clicking the “Mint” button on the Website you give us your express consent to the supply of an NFT beginning during the Cancellation Period and you acknowledge that, as a result of the supply of an NFT beginning, your right to cancel will be lost.
10.INTELLECTUAL PROPERTY RIGHTS
11.LINKS TO THIRD PARTIES
11.1 The Website and/or the Social Media may contain hyperlinks to various websites and other resources provided by third parties with information outside of our control. These links are provided for your information only. No mention of any organisation, company or individual through a hyperlink shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on our part. We have no control over the content of those third-party websites or resources and accept no responsibility for them or for any loss or damage that may be suffered in connection with your use of them.
12.NO RELIANCE ON INFORMATION
12.1While we endeavour to ensure that the information and instructions on the Website and/or the Social Media is correct, we cannot guarantee the accuracy and completeness of the Content on the Website and/or the Social Media. We may make changes to the Content on the Website and/or the Social Media, including the NFTs and prices described on it, at any time without notice.
12.2 The Content on the Website and/or the Social Media is not intended to amount to advice, and we shall not be liable for any loss caused by your reliance on any Content on the Website. The Website and the Content (whether on the Website or the Social Media) is provided “as is” without any conditions, warranties or other terms of any kind.
13.LIMITATION TO OUR LIABILITY
13.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website and/or the Social Media and its Content, whether express or implied.
13.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Website and/or Social Media; or use of or reliance on any Content displayed on our Website and/or the Social Media. In particular, we will not be liable for any loss of profits, loss of business, goodwill, loss of anticipated savings or for any special, indirect, incidental, or consequential loss, costs, damages, charges or expenses to the fullest extent permitted by law.
13.4 We are also not responsible for posts on the Social Media posted by others. You may access posts that might be unlawful, offensive, harmful, inaccurate or otherwise inappropriate. We will not be liable to you for such posts.
13.5 We do not guarantee that our Website and/or the Social Media will be secure or free from bugs or viruses. We will not be liable for any loss or damage caused by a virus, distributed denial-of- service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website and/or the Social Media or to your downloading of any Content on it, or on any website linked to it.
14.4These Terms of Service are governed by and construed in accordance with the laws of Austria. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.