Effective as of March 1, 2022
Welcome to MintNGo. The following (the “Terms “) are the terms and conditions applicable to your use of the MintNGo website (the “Website”) and any services provided through the Website. The Website will allow you to create fungible tokens and to upload images or videos (“Content”) with a thumbnail, a name and a description to create Non-Fungible Tokens (“NFTs”) using the MintNGo web application (“Tokens”) (collectively referred to as the “Services”). The Services include the ability to display the Token for a minimum of seven (7) days. The Website is owned and operated and Services are provided by DigitalBits Foundation, a foundation organized in Cayman Islands, or its parent companies, subsidiaries and affiliates (collectively, “DigitalBits,” “we”, “us”, “our”). Your use of the Website or any Services is at all times subject to these Terms. Please read these Terms carefully. You must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, to use the Website. By accessing or using any part of the Website, you accept, without limitation or qualification, these Terms. If you do not agree with all of these Terms, you may not use any portion of the Website.
Acceptance of Terms
BY ACCESSING AND USING THE WEBSITE OR ITS SERVICES YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.
These Terms may be prospectively changed, modified, or altered by us in our sole discretion at any time without prior notice. Accordingly, when you access or use the Website or its Services, you should check the effective date of the Terms and be aware of any changes since the last version. Your continued use of the Website or Services after we make changes is deemed to be acceptance of those changes, so please check the Terms periodically for updates. Your access to and use of the Website and Services will be governed by the Terms in effect at the time of such access or use.
Use of the Website and Services
The content and information posted by us on the Website or through the Services may be used only for informational, personal, or other purposes authorized by us. By accessing and using the Website or Services, you represent and warrant that: (a) all information you submit, including account and payment information, is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or the age of majority in your jurisdiction, whichever is or older; and (d) your use of the Website or Services does not violate any applicable law, rule or regulation. While we may sell digital products that appeal to children, these products are intended for sale only to adults. The Website is a general use site and is not targeted toward anyone under the age of 16 years of age or the age of majority in your jurisdiction, whichever is or older.
You may not use the Website for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms may immediately and automatically terminate your right to use and access of the Website or Services and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Website or Services. We may remove any unauthorized content, links, etc. without notice. Some examples of unauthorized, illegal or unlawful use of the Website include, but are not limited to:
- Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from or on the Website without our prior written consent;
- Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- Covering or obscuring the banner advertisements on the Website, if any, via HTML/CSS or any other means;
- Any automated use of any system, such as using scripts to alter content;
- Interfering with, disrupting, or burdening the Website or the networks, systems or Services connected to the Website;
- Using any automated system or software to extract data from the Website for commercial purposes (including “screen scraping”);
- Attempting to impersonate another user or person;
- Using the account, username, or password of another user or disclosing your password, as applicable, to any third party or permitting any third party to access your account;
- Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on the Website;
- Using the Website for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes – for the avoidance of doubt, this includes using or uploading Content including obscene images of any kind and any profanity, regardless of whether in English or any other language, and in each case as determined by DigitalBits in its sole and absolute discretion;
- Using the Website in a manner inconsistent with any applicable law, rule or regulation.
You agree that (a) you are solely responsible for all activities that occur under your account – whether or not you authorized the activity; (b) you are solely responsible for maintaining the confidentiality of your DigitalBits-compatible wallet (“Wallet”) and for restricting access to your device so that others may not access your Wallet; (c) you will immediately notify us of any unauthorized use of your account, Wallet, or any other breach of security; and (d) you will not sell, transfer, or assign your account or any account rights. Without limiting any rights which we may otherwise have, we reserve the right to take any and all actions we deem necessary or reasonable to ensure the security of the Service and your account. This may include without limitation, terminating your account or requesting additional information to authorize transactions on your account. Notwithstanding the above, we may rely on the authority of anyone accessing your account and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of DigitalBits under this provision, (ii) any compromise of the confidentiality of your account, or (iii) any unauthorized access to your account or use of your password. You may not use anyone else’s account at any time. You understand and agree you are solely responsible for taking the necessary security measures to protect your account and personal information. DigitalBits makes no warranty, guarantee, or representation that use of our Website or the Services are protected from viruses, security threats, or other vulnerabilities. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
The content uploaded to create aToken will be automatically stored to the InterPlanetary File System (“IPFS”) using the Pinata Gateway (“Pinata”). This content will not be stored on the DigitalBits Blockchain, rather, the Blockchain will store a link that points to the location of the Content on IPFS.
The use of both IPFS and Pinata will be additionally subject to their terms and conditions and software licensing agreements. More information about IPFS is available here and the applicable terms and software license is available here. More information about Pinata is available here, and the applicable terms are available here, and here.
DigitalBits may add additional functionality to the Website over time.
Representations and Warranties
By accessing the Website and holding Tokens, you understand, represent and warrant that:
- You agree that we may share your Content with Pinata who will store your Content in IPFS;
- You are creating Tokens solely for entertainment purposes;
- DigitalBits makes no promises or guarantees regarding the current or future value of any Token;
- You will not portray or designing, buying, selling or holding Tokens as an investment or an opportunity to obtain an economic benefit or profit;
- Tokens are collectible digital art pieces that also function as fun NFTs for you to collect. They are created as art pieces and entertainment intended for people to enjoy by collecting, not as a financial instrument or investment;
- You own or are otherwise authorized to use the elements comprising the design of the Token and the design as a whole, and your design and/or Token does not include the confidential information, proprietary know-how, trade secrets, or other intellectual property (for which you do not have an applicable license) of any other person or party. DigitalBits’ use or distribution of your Token will not give rise to any claims against DigitalBits or its affiliates;
- You are not, nor are you acting on behalf of, any person or entity subject to sanctions under the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), UN Security Council sanctions or other applicable sanctions law or regulation (“Sanctions Law”). Nor are you a resident, citizen of, or accessing the Website from, any country or region subject to applicable Sanctions Law, including without limitation, Cuba, Iran, North Korea, Syria, or Crimea, or acting on behalf of such person or entity; and
- The use of the Website and Services are lawful in the jurisdiction from which you are accessing the Website and Services, or any other applicable jurisdiction.
Ownership of Tokens
- When you create a Token, as between you and DigitalBits, you own all of the rights to your Content and any Token created from your Content. By uploading your content to the Website, you grant DigitalBits a non-exclusive, royalty-free, transferable, sub-licensable, worldwide right and license to use, host, copy, distribute, market, promote, publicly share and display your Content (“Content License”).
- Transfer of Tokens. Tokens created on MintNGo may be transferred by the creator to third parties, subject at all times to DigitalBits’ Content License. However, the exact ownership rights and licenses that are transferred will depend on a number of factors outside of DigitalBits’ control, including the terms of any third-party platform used for the transfer, the law applicable in the jurisdiction in which the transfer is deemed to take place, or any agreement between the creator and the recipient.
- Each purchaser and seller of Content must do their own research into what rights are being acquired in any transaction relating to Content or Tokens. For certainty, the DigitalBits disclaims any liability with respect to the purchase and sale of Tokens or Content, including without limitation, with respect to the terms and conditions associated with any such purchase and sale or transfer.
WE HAVE NO OBLIGATION OR LIABILITY TO YOU FOR KEEPING, STORING, OR HELPING YOU RECOVER ANY TOKEN OR CONTENT. THE SALE OF ANY FRAUDULENTLY OBTAINED TOKEN OR TOKEN TAKEN WITHOUT AUTHORIZATION, AND OTHER ILLEGALLY OBTAINED TOKEN ON THE WEBSITE OR THE SERVICES IS PROHIBITED.
All aspects of Tokens are on the DigitaBits blockchain. Anytime you use any of the Services, your Wallet will incur ‘fees’ including the cost to fund the issuer accounts as well as transaction fees. These fees are variable. Your Content may be erased and not recoverable. WE WILL HAVE NO LIABILITY FOR THE LOSS OR ERASURE OF CONTENT FROM IFPS.
Termination of access and/or account
In addition to any right or remedy that may be available to us under these Terms or under applicable law, we may limit, suspend, or terminate your access to the Website or Services (including, without limitation, and your account registration), at any time, with or without notice, and with or without cause. You agree that any suspension or termination from the Website or Services may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. We also may refer any information on illegal activities, including your identity, to the proper authorities. If we suspend or terminate your access to the Website or Services due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. We shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms or intent of these Terms. Any decision we make relating to termination or suspension of your access to the Website or Services shall be final and binding in all respects.
Unsolicited ideas and contributions
If you submit an unsolicited idea to DigitalBits through the Website or through other means (other than to design a Token), you understand and acknowledge that DigitalBits shall obtain ownership to any associated intellectual property rights in any manner and in any medium now known or hereafter developed without compensation to you. DigitalBits has no obligation to acknowledge your submission. Such an idea is not submitted in confidence, and we assume no obligation, expressed or implied, by considering it, and no confidential relationship is established between you and DigitalBits. By submitting your idea, you represent that you are authorized to do so, and your submission does not include the confidential information, proprietary know-how, trade secrets, or other intellectual property of any other person or party. DigitalBits’ use or distribution of your submission will not give rise to any claims against DigitalBits or its affiliates.
DigitalBits’ DMCA Policy
DigitalBits respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf (“DMCA”), DigitalBits will respond expeditiously to claims of copyright infringement committed using the Website or its Services if such claims are reported to DigitalBits’ Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement and delivering it to DigitalBits’ Designated Copyright Agent. Upon receipt of Notice as described below, DigitalBits will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this notice, with all items completed, to DigitalBits’ Designated Copyright Agent: Director of DigitalBits Foundation at firstname.lastname@example.org.
These Terms shall remain in full force and effect while you use or access the Website or Services, or until your Content or Token continues to be stored or displayed on or through the Website, whichever is later.
You agree to defend, indemnify and hold us, our parent companies, subsidiaries, affiliates, contractors, suppliers, business partners and licensors and each of our respective officers, agents, partners and employees (the “DigitalBits Parties”) harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of (1) your use of the Website or Services in violation of these Terms or additional terms or arising from a breach of these Terms or additional terms (including, without limitation, any breach of your representations and warranties set forth herein); (2) any allegation that any content or other material you have submitted or transmitted to the Website or through the Services, including, without limitation, any Token, infringes, misappropriates or otherwise violates the copyright, trademark, trade secret or other rights of any party; (3) your violation of applicable law; or (4) your activities or omissions in connection with the Website or Services.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE IS AT YOUR SOLE 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 WEBSITE OR SERVICES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE WEBSITE AND SERVICES, INCLUDING ALL INFORMATION AND CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE OR SERVICES, ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE DIGITALBITS PARTIES 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 WEBSITE OR SERVICES, THEIR CONTENTS AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE WEBSITE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE, SERVICES, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SERVICES, OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DIGITALBITS PARTIES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, OR SERVICES INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TOKENS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST BY VIRTUE OF THE RECORD MAINTAINED ON A DIGITAL LEDGER. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON A DECENTRALIZED LEDGER. THE DIGITALBITS PARTIES DO NOT GUARANTEE THAT THE TRANSFER OF TITLE OR RIGHT IN ANY DIGITAL ASSETS CAN BE EFFECTUATED. THE DIGITALBITS PARTIES 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 TOKENS OR A DIGITAL LEDGER, 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 OR OTHER MEANS OF ATTACK AGAINST THE WEBSITE, SERVICES, OR MINTNGO. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
Assumption of risk
The value of Tokens are subjective and therefore can be volatile. Any purchase or sale you make, accept or facilitate (including, when permitted, outside of the NFT Marketplace) will be entirely at your own risk. THERE IS NO GUARANTEE THAT YOUR TOKEN WILL HAVE ANY RESALE VALUE AND YOU MAY FACE A COMPLETE RISK OF LOSS. You acknowledge that you have obtained sufficient information to make an informed decision to authorize, bid, purchase, or sell a Token and that you have sufficient financial resources to withstand a complete risk of loss of the value of any Token you purchase. Tokens and similar digital assets are collectibles and have no inherent or intrinsic value. The DigitalBits Parties do not and cannot guarantee that any Tokens will have any value or retain their original value, and expressly deny and disclaim any liability to you for any losses you may incur by transacting, or facilitating transactions, involving Tokens.
LIMITATION ON LIABILITY
IN NO EVENT SHALL THE DIGITALBITS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, YOUR INABILITY TO USE THE WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION THE NFT MARKETPLACE, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE, EVEN IF THE DIGITALBITS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DIGITALBITS PARTIES BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO US FOR PRODUCTS AND SERVICES THAT ARE THE SUBJECT OF THE CLAIM AT ISSUE IN THE TWELVE MONTHS PRECEDING THE CLAIM OR TEN UNITED STATES DOLLARS.
Through your use of the Website and the Services, you will be engaging in commercial or other transactions with other users, vendors and other third parties including but not limited to Pinata Gateway and IPFS. You acknowledge that all transactions relating to any products or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to be solely between the third-party seller or purchaser of such products and services and you, and that you will look solely to such 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 DigitalBits shall apply nonetheless.
ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.
These Terms and your use of the Website will be governed by Cayman Island law, regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the Website or Services.
Arbitration; No Class Action
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Use or accessing the Website or Services constitutes your acceptance of this Arbitration provision.
As a condition of using the Website or Services, you and we agree that any and all disputes, claims, and causes of action (collectively, “Claims”) arising out of or connected with the Website or Services (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the London Court of International Arbitration (“LCIA”). YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PROPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction.
You may seek arbitration of a Claim by contacting email@example.com. The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. Payment of all filing, administration, arbitrator and/or mediator fees (“Fees”) will be governed by LCIA’s rules. The LCIA’s rules are available at https://www.lcia.org/. Unless the LCIA arbitrator determines that your Claim was frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will not seek reimbursement from you for our attorneys’ fees and costs associated with the arbitration. You and we further agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the Cayman Islands. For any Claims that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the Cayman Islands (the “Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and we waive any and all rights to trial by jury with respect to any Claims.
Changes to the Terms and Conditions
We may change these Terms from time to time. You hereby acknowledge and consent that such changes will be effective upon our posting them on the Website.
DigitalBits Foundation, P.O. Box 707, Camana Bay, Third Floor, Landmark Square, 64 Earth Close, Grand Cayman, Cayman Islands KY1-9006.