❗Disclaimer & ToS
DISCLAIMER
BEFORE USING THE PLATFORM, CAREFULLY READ THESE TERMS OF SERVICE AND DISCLAIMER STATEMENT. UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT OR PROVIDED SPECIFIC TERMS WITH YOU FOR THAT PURPOSE, THESE TERMS GOVERN YOUR USE OF THE PLATFORM. ONLY IF YOU AGREE TO ALL OF THESE TERMS WILL YOU BE ABLE TO USE THE PLATFORM AND ITS SERVICES.
IF YOU ARE ACCEPTING THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ACCEPT THESE NFT TERMS ON BEHALF OF THAT ENTITY, IN WHICH CASE "YOU" WILL MEAN THAT ENTITY. IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THESE NFT TERMS YOU MAY NOT ACCESS OR USE THE PLATFORM.
Your full and unqualified acceptance of these Terms of Service is evidenced by your purchase, acquisition, and/or ownership of our issued NFTs and/or Platform Tokens. Your continued use of the Platform following any such update indicates your acceptance of any changes made. We reserve the right to alter these Terms of Service by posting a new version online. If you violate any of the NFT Terms, we have the right to immediately end our agreement with you and deny you access to the Platform and any tokens issued by the platform.
While the information is considered to be true and correct at the date of publication, changes in circumstances after the time of publication may impact on the accuracy of the information.
You agree that the use of the Crypto Whale Sharks is at your own risk. Investing in cryptocurrencies and NFTs are inherently risky activities, and as such, it is vital that you conduct your own due diligence before buying or selling any cryptocurrency or NFT, and come to your own conclusions. In no event should Crypto Whale Sharks be liable for any direct or indirect losses caused by any information accompanying this project.
Crypto Whale Sharks makes no representations, and specifically disclaims all warranties, express, implied, or statutory, regarding the accuracy, timeliness, or completeness of any material contained in this site. Crypto Whale Sharks does not guarantee in any way that it is providing all of the information that may be available. We recommend that you do your own due diligence before buying or selling any cryptocurrency or NFT, or investing in a web3 project..
Crypto Whale Sharks cannot and will not offer any kind of advice, explanation, or recommendation to users about financial advice and nothing herein shall be construed as such. The information contained in this channel is general Crypto information, and a user should not construe this information as advice to be applied to a specific factual situation. Use of the information contained herein does not create or constitute an advisor-client relationship between users of this channel and Crypto Whale Sharks, its employees, contractors or any other person associated with Crypto Whale Sharks. It is possible that the principals of Crypto Whale Sharks hold a position in some or all of the cryptocurrencies or NFTs discussed on this site. Each investor must make the decision to initiate or close a position based on his/her judgment of the market.
The information contained herein is provided “as is.” Crypto Whale Sharks does not offer any express or implied investment advice, financial advice, trading advice, any other sort of advice, or completeness of the information on this website. Information provided on this site is intended solely for informational purposes and is obtained from sources believed to be reliable. Information is in no way guaranteed. You use this information at your own risk. Neither Crypto Whale Sharks, nor its admins, moderators, any other staff members or affiliates, are liable for any direct, indirect, incidental, special, exemplary, or consequential loss or gains of profits, even if Crypto Whale Sharks has been advised of the possibility of such, on any theory of liability, whether in contract, strict liability or tort, arising in any way out of the use of or inability to use this channel.
DEFINITIONS
Deployer or Issuer (at times alluded to in this just as "we," "us," or "our") may offer smart contracts to the public.
“Art” means any art, graphics, images, designs, logos, taglines, and drawings that may be associated with an NFT.
“Name and Likeness” means names, nicknames, images, likenesses, marks, copyrights, trade dress colors, trade dress designs, and/or all other intellectual properties of our projects.
“Owner’s Rights” means the rights to an NFT granted by this Agreement to the Owner.
“Platform tokens” (also simply referred to as ‘Tokens’, ‘blockchain assets’ and “smart contracts”) can refer to any ERC-721 or ERC-20 issued by us and are simply smart contracts that exist on the blockchain.
“Third Party IP” means any third-party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
“Third Party Services” means any services not operated by us.
Terms of Service
By using Issuer’s websites and proprietary applications, it is your responsibility to know, understand and abide by the Terms of Service and Privacy Policy, which are incorporated herein by reference. Any information that you may provide to Issuer during your use of the Platform is subject to the Privacy Policy. Any information that you may provide to a Third Party Site during your use of the Platform is subject to the Third Party Site’s privacy policy, and your use of any Third Party Site included in the Platform is governed by the terms of service of the applicable Third Party Site.
TERMINATION
We may, in our sole discretion at any time, for any reason or no reason, and without notice or liability, immediately terminate your access to all or any part of the Platform and any platform tokens. Termination may include, but not be limited to (a) removal of your access to, or listings, the Platform, (b) the deletion of all account information, and (c) barring any further use of or access to the Platform by you.
ASSUMPTION OF RISK.
You acknowledge that NFTs and cryptocurrencies carry the following risks among others. We expressly disclaim any responsibility for these risks.
Inherent Risks with Digital Assets
There are risks associated with using Internet-based digital assets such as NFTs and cryptocurrencies, 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 we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using any blockchain network, however caused.
Value/Volatility/Not An Investment
The prices of tokens can be extremely volatile and subjective, and NFTs have no inherent or intrinsic value. To the extent there is a price or market for a blockchain asset such as a platform token, (a) those prices and markets are extremely volatile, (b) variations in the price of other digital assets could materially and adversely affect the value of any digital assets you own, including NFTs and tokens, and (c) there is no guarantee that any blockchain asset will have or retain any value. NFTs and any tokens issued by our platform are not securities or financial instruments and are not offered for investment purposes. The commercial or market value of NFTs and Tokens may materially diminish in value as a result of a variety of things, including negative publicity associated with Issuer. You accept and acknowledge that we will not be responsible for the risks of engaging in any transactions relating to your NFTs and tokens with third parties (e.g., transferring your NFT from a third party on any so-called “secondary market”).
Use of Blockchain.
The Platform does not store, send, or receive NFTs or any blockchain asset. This is because NFTs exist only by virtue of the ownership record maintained on the Platform’s supporting blockchain in the blockchain network. Any transfer of blockchain assets 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 platform tokens. Upgrades to the blockchain, a hard fork or other change to the blockchain, a failure or cessation of the blockchain or its underlying cryptocurrency, or a change in how transactions are confirmed on the blockchain may have unintended, adverse effects on all blockchains using those or similar technologies. We do not make any promises or guarantees related to any third parties that provide these services. You accept and acknowledge that we will not be responsible for any loss of access to your platform tokens 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.
Regulatory Uncertainty
The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Platform ecosystem, and therefore the potential utility or value of your platform tokens. You accept and acknowledge that we will not be responsible for the risk of changes to the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens and new regulations, unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of the blockchain assets.
Tax Calculations.
You are solely responsible for determining what, if any, taxes apply to your transactions. We are not responsible for determining the taxes that apply to your transactions on the Platform or other related transactions.
ANTI-MONEY LAUNDERING; SANCTIONS
Issuer maintains an anti-money laundering (“AML”) program consistent with the requirements applicable to it under the USA PATRIOT Act and the Bank Secrecy Act. You agree to comply with all related compliance procedures as required by Issuer from time to time. In addition, if applicable to your own business operations, you shall maintain an AML program consistent with such requirements. You understand, acknowledge, and agree that exports, re-exports and in-country transfers of any blockchain asset (individually, an “Item” and, collectively, the “Items”) are subject to U.S. export, import, customs, antiboycott, and economic sanctions laws, regulations, rules, and orders (each, a “Trade Control Law”). You shall not export, re-export, or otherwise transfer or provide any Item in contravention of any Trade Control Law, including to anyone (a) in Cuba, Crimea, Iran, North Korea, Sudan, or Syria, or in any other embargoed destination, or (b) listed on, or owned or controlled by anyone on, a sanctioned party list published by the U.S. Departments of Commerce or Treasury, including the Specially Designated Nationals and Blocked Persons List (a “Sanctioned Party”). You certify that you are not a Sanctioned Party or located in or a resident of any embargoed destination. In addition to any other remedy that Issuer may have, Issuer may suspend and/or cancel the provision of any Item if Issuer believes, in its discretion, that such activity may violate any Trade Control Law or Issuer’s own compliance policies.
DISCLAIMER OF WARRANTY
THERE IS NO WARRANTY FOR THE PLATFORM OR ANY PLATFORM TOKENS TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, ISSUER AND/OR OTHER PARTIES PROVIDE THE PLATFORM AND PLATFORM TOKENS “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
LIMITATION OF LIABILITY
EXCEPT AS REQUIRED BY NONWAIVABLE PROVISIONS OF APPLICABLE LAW OR AGREED TO IN WRITING, ISSUER (OR ANY LICENSOR) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PLATFORM OR ANY NFTS OR ELEMENTS THEREOF (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES), EVEN IF YOU OR OTHER PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PAYMENT AND TAXES
Cryptocurrency Financial Transactions on Platform
Any cryptocurrency payments or financial transactions that you engage in via the Platform will be conducted solely through the blockchain network. We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. We do not provide refunds for any purchases that you might make on or through the Platform – whether blockchain assets or anything else. Whether a particular cryptocurrency is accepted as a payment method by us is subject to change at any time in our sole discretion.
Fiat Currency Financial Transactions on Platform
Any fiat currency payments via credit cards or other means will be directed to our unaffiliated third-party payment processor. All bank, credit card, or other payment information is sent directly to and stored with the payment processor using its security protocols. We do not store your payment information on our systems and shall not have any responsibility for the safety or security of that information. We may add or change any payment processing services at any time. Such services may be subject to additional terms or conditions including their privacy policies.
No liability for Financial Transactions
We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transaction that you engage in via the Platform, or any other payment or transactions that you conduct via the blockchain network.
GENERAL INFORMATION
You also acknowledge and agree that: (a) you have obtained sufficient information to make an informed decision regarding the platform tokens; (b) you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself; (c) Issuer does not represent or warrant that any platform tokens, or its supporting systems or technology, are reliable, current or error-free or otherwise meets your requirements, that defects in the platform tokens, or their supporting systems or technology, will be corrected, or that the delivery mechanism for platform tokens will be free of errors or other harmful components; and (d) Issuer shall not be responsible for any communication failures, disruptions, errors or delays you may experience related to the platform tokens.
Age Restrictions.
Platform tokens provided by Issuer are intended for purchase and use by persons 21 years of age or older. You acknowledge and agree that you are not permitted to visit Issuer’s website or purchase the platform tokens, and shall not access Issuer’s website or purchase any blockchain assets provided by Issuer if you are under the age of 21. By using the Platform, you certify that you are at least 21 years of age and agree to provide us with accurate information and verification concerning your age or identity if we request it. You also agree not to assist anyone under the age of 21 in accessing Issuer’s website or the platform tokens or attempt to contact anyone under 21 while accessing or using the Platform.
No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in these platform tokens, there shall be no third party beneficiaries to these platform tokens. You acknowledge and agree that Issuer’s licensors are intended third party beneficiaries of these platform tokens.
BLOCKCHAIN ASSET PURCHASE & OWNERSHP
Our platform tokens that we provide:
may, where expressly stated in the description of such tokens, include additional functionality
may be unique or part of a limited series, or redeemable only once
may be subject to additional terms or qualifications as stated in the description of the blockchain; and
are subject to applicable laws as in effect from time to time.
Ownership of Platform Tokens and Blockchain Assets
“Own” means your rights with respect to a you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the applicable blockchain. You agree, in relation to any blockchain assets that you Own, that you Own that blockchain assets in accordance with any description which accompanies that blockchain assets. Issuer may, at its option, use third party platforms or wallet extensions (which may be owned or operated by third parties) to sell blockchain assets (“Third Party Sites”). You agree to adhere to any applicable terms of service or privacy policies applicable to the use of any Third Party Sites.
UNLESS STATED OTHERWISE IN THE DESCRIPTION OF THE APPLICABLE BLOCKCHAIN ASSET, A BLOCKCHAIN ASSET THAT YOU OWN WILL BE TRANSFERABLE, BUT ANY TRANSFEREE WILL BE SUBJECT TO THESE TERMS. BLOCKCHAIN ASSET THAT WE PROVIDE ARE UTILITY SMART CONTRACTS. YOU SHOULD NOT PURCHASE OUR BLOCKCHAIN ASSETS WITH A PERSPECTIVE TO INVESTMENT, RESALE OR SPECULATION. THERE CAN BE NO ASSURANCE AS TO THEIR PRESENT OR FUTURE VALUE, TRANSFERABILITY OR MARKETABILITY.
Ownership of Creative Materials.
You acknowledge and agree that Issuer (or, as applicable, its licensors) own all rights, title and interest in and to any artwork, designs, drawings, photographs, labels, logos, insignia, trademarks, trade dress, copyright, recipes, formulas and other creative materials that may be associated with any NFT or other blockchain asset that you Own (collectively, “Creative Materials”), and all intellectual property rights therein.
Terms of Sale.
All sales of any smart contracts and blockchain assets are final. Once you have made a purchase of a blockchain assets, 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. You may purchase blockchain assets using real or virtual/cryptocurrency, where multiple payment options are made available to you. You may resell or otherwise transfer an blockchain assets that you Own where this is permitted by these Terms and applicable law. Any sale or transfer must provide for the transfer of all of your rights then outstanding with respect to such blockchain asset. Anyone receiving such blockchain assets from you agrees to and is bound by these Terms. You are strictly forbidden to sell, swap, donate, give away, transfer, or otherwise dispose of your purchased blockchain assets to any person who is not twenty-one (21) years or older.
INTELLECTUAL PROPERTY OWNERSHIP, LICENSES AND RESTRICTIONS
Ownership.
Subject to the licenses expressly granted below, we (or where applicable, our licensors) own all rights, title and interest in and to
• the Creative Materials and all proprietary source code, object code and other technology associated with the NFTs, and any and all other content and materials available through the NFTs, any associated application, and all intellectual property rights therein (collectively, “Issuer Intellectual Property”). Issuer Intellectual Property may be used only in connection with the NFTs, for personal, non-commercial purposes, as expressly permitted in these NFT Terms.
Limitations on Use.
Unless explicitly stated, you should assume that all Issuer Intellectual Property is protected by copyright, trademark and other applicable intellectual property rights and may not be used except as permitted in these Terms. Issuer does not grant, by implication, estoppel, or otherwise, any license or right to use any Issuer Intellectual Property or blockchain assets in a manner inconsistent with these Terms without the prior written permission of Issuer and/or any third party that may own additional intellectual property
Last Revised: Feb 2023
Last updated