Website terms – PissPunks.com
The use of this website is subject to these terms and conditions. If any user does not accept these terms, it should immediately cease using, and should not execute any transaction through, this website.
Via this website, users may purchase Piss Punks (PP) non-fungible tokens which exist on the Ethereum blockchain and represent certain rights in PPs digital artwork (NFTs). Users acknowledge that this website is only a platform or interface to facilitate users’ interaction with the Ethereum network and smart contract for the relevant NFT(s) in order to perform such a transaction; the transaction (including any payment) itself, as well as any user’s ownership of and access to the NFT, is not managed or controlled by PissPunks.com and occurs only through the Ethereum network and relevant smart contract. Accordingly PissPunks.com disclaims and excludes all liability to users in connection with the foregoing.
Users therefore acknowledge and agree that PissPunks.com has no responsibility for any aspect of users’ transactions on the Ethereum blockchain and that it is each user’s responsibility to verify that all details are correct and that it has fully informed itself prior to executing any transaction. Users acknowledge that PissPunks.com is not able to reverse, restore, remedy or modify any NFT transactions and that PissPunks.com cannot retrieve, seize or otherwise control any NFT assets, and does not control blockchain technology or related software. PissPunks.com is accordingly not responsible for any errors, failures, or other issues associated with any transaction, for any incorrect transaction or for any failed transaction. Users proceed with transactions through this website and on the Ethereum network entirely at their own risk.
The user acknowledges that the existence and record of an NFT is determined solely by the continued existence and recognition of the Ethereum network which is outside the control of PissPunks.com. The user is solely responsible for satisfying itself with respect to the nature and risks associated with purchasing NFTs, blockchain technology, conducting online transactions, the applicable smart contract, cryptocurrencies and the Ethereum network prior to attempting or executing any transaction. As this is a user’s responsibility, PissPunks.com disclaims all liability and responsibility in connection therewith to the maximum extent permitted by law.
Users are solely responsible for their own private Ethereum wallets (and any information linked thereto), or the safety and management of such wallets.
This website is provided “as is” and “as available”, and without warranty of any kind (including in relation to availability, security, data loss, server failure, virus or other harmful code, or activities by unauthorised third parties, all of which are risks accepted by the user) to the extent permitted by law, and the user acknowledges that this is a reasonable provision having regard to the fact that the website itself is made available without charge.
A user of this website is not permitted to and must not modify, adapt, create derivative works of or reverse-engineer the artwork displayed on the website or underlying any NFT, or to combine it (wholly or partly) with any other artwork, image, intellectual property or other material (of any kind or format), or undertake any similar action. The user acknowledges that its rights are limited to viewing images or artwork on the website only subject to any rights a user acquires as a purchaser of an NFT.
If a user purchases a PPs NFT, the user owns the NFT subject to these terms. The user:
is granted (for the duration of its ownership of the NFT) a worldwide, royalty-free licence to use, copy and display (including online) the underlying artwork represented by the NFT solely for personal use and not any commercial use;
acknowledges that it does not own the underlying artwork associated with the NFT and is not assigned any copyright or other intellectual property rights of any kind in the underlying artwork;
is permitted to use, copy and display the artwork underlying the NFT for the purpose of selling the NFT (and advertising it for sale) in any marketplace that facilitates the sale of the NFT on the Ethereum network and in accordance with the applicable smart contract; and
acknowledges that the NFT is provided “as is” and “as available” and without warranty of any kind other than to the extent such exclusion is prohibited by law.
Applicable prices payable in relation to each NFT are as described on this website. Royalties on secondary sales are dictated by 3rd Party Platforms such as Opensea.io - the royalty for PP NFTs is 5% . The user is responsible for all applicable taxes (whether for sales, use, value-added, goods and services, transfer, import, export or otherwise), duties, assessments, levies or other imposts in any jurisdiction in the world and at any level of government which may be associated with its purchase of an NFT whether arising at the time of such purchase or afterwards (“Tax”) in addition to its payment of any specified price, royalty and/or other payment, all of which are quoted exclusively of any applicable Taxes.
To the maximum extent permitted by law in connection with these terms, this website and any NFT, howsoever arising and whether arising in tort (including negligence), contract, equity or otherwise and regardless of whether such loss or damage was or ought to have been foreseen, in no event will PissPunks.com be liable to a user or any other party for any indirect, consequential or remote loss or damages or for any loss or corruption of data, loss of revenue (or anticipated revenue), loss of profit, loss of use, loss of savings (or anticipated savings), loss of reputation or goodwill, loss or reduction in the value of any NFT.
PissPunks.com reserves the right to review and change any of these Terms at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. You are responsible for reviewing any changes to the Terms.
Copyright in the Site (including but not limited to text, graphics, logos, button icons, images, code, scripts, design elements), services and all related products of PissPunks.com is owned or licensed by us.
These terms are governed the laws of Victoria, Australia, and the parties irrevocably submit to the exclusive jurisdiction of the courts therein.