TERMS OF SERVICE
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Collector”) and Some Kid Pty Ltd, doing business as Deadfellaz (“Deadfellaz,” “we,” “us,” or “our”).
I. ACCEPTANCE OF TERMS
Deadfellaz provides its services (described below) to you, the Collector, through its website and application program interface located at www.deadfellaz.io (the “Website”), subject to the following Terms of Service (the “Terms”). By using or accessing the Website, you acknowledge that you have read and agree to these Terms.
Deadfellaz may change or amend these Terms at any time at its sole and absolute discretion. We encourage you to review these Terms and to check periodically for any updates or changes.
Collector must be at least thirteen (13) years old to access and use the Website; provided, if you are between the ages of thirteen (13) and eighteen (18) years old (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of your primary residence) you may only access and use the Website with the prior permission of your parent or legal guardian, and you represent and warrant to us that you have such permission and that your parent or legal guardian has reviewed and discussed these terms of service with you.
Collector must not be located in a country that is subject to an economic sanction or embargo issued by the Australia government, or that has been designated by the Australia government as a sponsor of terrorism.
III. DESCRIPTION OF SERVICES
Deadfellaz is a collection of non-fungible tokens (“NFTs”) stored on the Ethereum blockchain.
IV. TERMS OF SALE
Deadfellaz sells undead-themed character art authenticated as NFTs. In exchange for payment, Collector is granted a NFT. The purchase of the NFT does not grant any profit-sharing interest or equity in Deadfellaz, ownership of intellectual property, or any other rights.
Collector must link a Web3 Wallet (MetaMask, Fortmatic, WalletConnect) to the Website and use Ethereum (ETH) cryptocurrency from your Web3 Wallet to complete your purchase.
Deadfellaz will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With this in mind, Deadfellaz will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Website, or using the smart contracts, or any other transactions that you conduct via the Ethereum network or a Web3 Wallet.
Collector is responsible for any sales, use, value-added or other governmental taxes, fees or duties due with respect to your order.
Collector represents and warrants that any purchase of an NFT by you is solely for your personal collection, use and enjoyment, and not for speculative or investment purposes, or for use as a substitute for currency or other medium of exchange.
Deadfellaz owns the name and mark and other intellectual property and proprietary technologies that constitute the brand image by which Deadfellaz is known to the public. Intellectual property and proprietary technologies owned by Deadfellaz, include, but are not limited to: Deadfellaz smart contracts, logos, trademarks, product names, service marks, and copyrightable works, including but not limited to content of its internet sites, user interface, and metadata as it relates to Deadfellaz.
VII. RIGHT TO PERSONAL USE
Deadfellaz grants to the Collector a worldwide non-exclusive, assignable, perpetual, and royalty-free license to display the NFT solely for non-commercial purposes, given that such display right may only be assigned to a subsequent Collector of the NFT simultaneously with the transfer of ownership of the NFT and this Agreement.
VIII. DERIVATIVE RIGHTS
Deadfellaz grants to the Collector full commercial license to use the underlying artwork in the purchased Deadfellaz NFT for creating derivative works. This permits the Collector to produce commercial products, but not to use the “Deadfellaz” name or logo in relation to that product. Collector may identify commercial products with the Deadfellaz token ID to signify ownership of the purchased NFT. The Derivative Rights are effective so long as the Collector owns that same purchased Deadfellaz NFT at the time of the derivative’s creation. A subsequent Collector is not entitled to ownership of derivatives produced by a previous Collector.
The Collector agrees to not use the purchased Deadfellaz NFT in a derivative work that depicts or encourages illegal acts, or involves pornography, racism, obscenity, violence, libel, or slander.
By purchasing a Deadfellaz NFT, the Collector acknowledges and agrees that these Terms are binding on subsequent Deadfellaz NFT collectors and any succeeding collectors, causing all collectors of the purchased Deadfellaz NFT to be subject to these Terms.
XI. RULES OF CONDUCT
As apart of using the Deadfellaz website, Collector agrees to not:
- Modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software created by Deadfellaz.
- Hack, crack, phish, SQL inject, or otherwise threaten or actually harm the security of our systems or those of other collectors.
- Infringe on the intellectual property rights of Deadfellaz and its artists.
- Do anything that infringes on the rights of Deadfellaz or a third party.
XII. ASSUMPTION OF RISK
Website transactions, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations utilize experimental smart contract and blockchain technology, including NFTs, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. Collector acknowledges and agrees that such technologies are experimental, speculative, and inherently risky and may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain (i.e., “forks”) which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your cryptocurrency or NFT, or lost opportunities to buy or sell NFTs.
XIII. DISCLAIMER OF WARRANTIES
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BY USING THIS WEBSITE, COLLECTOR ACCEPTS SOLE RESPONSIBILITY FOR ANY AND ALL TRANSACTIONS INVOLVING DEADFELLAZ NFT COLLECTIBLES.
XIV. LIMITATION OF LIABILITY
COLLECTOR AGREES TO HOLD US, OUR AFFILIATED AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, LICENSEES AND ASSIGNS, HARMLESS FROM ANY LOSSES, DAMAGES, CLAIMS, COSTS AND EXPENSES YOU MAY INCUR AS A CONSEQUENCE OF MINTING (OR ATTEMPTING TO MINT) YOUR NFT.
XV. DISPUTE RESOLUTION
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. COLLECTOR AGREES TO WAIVE ANY CLASS ACTION STATUS, CLASS ARBITRATION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. IF A DISPUTE BETWEEN DEADFELLAZ AND COLLECTOR ARISES, THEN THE DISPUTE SHALL BE DETERMINED AND RESOLVED BY BINDING ARBITRATION IN BRISBANE, QUEENSLAND, AUSTRALIA IN ACCORDANCE WITH THE COMMERCIAL RULES OF ARBITRATION (“RULES”) OF THE JUDICIAL ARBITRATION AND MEDIATION SERVICES (“JAMS”) BEFORE ONE ARBITRATOR APPLYING THE LAWS OF THE STATE OF QUEENSLAND. THE ARBITRATOR SHALL BE SELECTED BY THE PROCEDURES PRESCRIBED BY THE JAMS RULES. ANY AWARD RENDERED BY THE ARBITRATOR SHALL BE FINAL AND BINDING UPON DEADFELLAZ AND COLLECTOR, AND JUDGMENT THEREOF MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE COSTS SHALL BE BORNE BY THE PARTY THAT INITIATES ARBITRATION.
Deadfellaz will not collect any cookies, IP addresses, or Collector data in connection with your use of the Website. This is subject to change. Collector understands that Deadfellaz may work with third-party applications that collect data, such as Discord, Collab.Land, or MetaLink for NFT holder verifications or giveaways. Additionally, Collector understands that the Ethereum network is a public blockchain and all of your transaction history initiated through the Website will be made public.
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Terms.
XVIII. GOVERNING LAW
These Terms will be governed exclusively by the laws of Queensland, Australia without regard to its conflicts of laws provisions that would cause the application of the laws of any other jurisdiction. Any dispute between Deadfellaz and Collector that is not subject to arbitration will be resolved in the state or federal courts located in Brisbane, Queensland, Australia. Collector understands and agrees that your use of the Website as contemplated by these Terms shall be deemed to have occurred in Queensland state. Collector consents to the jurisdiction of such courts, agrees to accept service of process by mail, and waives any jurisdictional or venue defenses otherwise available.