INTRODUCTION & AGREEMENT TO THESE TERMS & CONDITIONS: This document is the "Terms & Conditions" for the non-fungible token ("NFT") project that has posted this document within its NFTs and/or at the point where its NFTs are sold. The NFT project that has posted this document within its NFTs and/or at the point where they are sold is referred to in this document as the "Project". These Terms & Conditions are a legally binding agreement regarding the Project and your rights and obligations related to it. By making a purchase from the Project or interacting with its NFTs, you are agreeing to these Terms & Conditions. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE INTERACTING WITH THE PROJECT OR ITS NFTs. THE PROJECT'S CREATOR (AS DEFINED BELOW) IS ONLY WILLING TO MAKE THE PROJECT AND THE RIGHTS STATED IN THESE TERMS & CONDITIONS AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS & CONDITIONS. IF YOU DO NOT FULLY AGREE TO THESE TERMS & CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE PROJECTS OR ITS NFTs.
DEFINITIONS OF CREATOR, ART, OWN, PURCHASED NFT, THIRD PARTY IP, PROJECT MATERIALS & SMART CONTRACT: For the purposes of these Terms & Conditions, the capitalized phrases in quotes that are defined in the rest of this paragraph will have the definitions given to them in this paragraph. “Art” means any art, design, and drawings that may be associated with an NFT that you Own. “Own” means a NFT that you have majority purchased or otherwise rightfully majority acquired from a legitimate source, where proof of that purchase is recorded on the relevant blockchain. “Purchased NFT” means an NFT from the Project that you Own. "Creator" means, collectively, the individuals, companies, ogranizations and/or other entities that first offered the Project NFTs for sale, minting, giveaway, or trading (for example, and as applicable, the artist(s) and/or software developer(s) who authored the Project NFTs and Smart Contracts and initially made the NFTs available for sale on an NFT marketplace). “Third Party IP” means any patent rights, copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world that are not owned by the Creator. "Project Materials" means all Art, designs, names, copyrights, trademarks, patents, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of this Project. "Smart Contract" means the software commonly referred to as "smart contracts" that makes up part of the Project and runs on the applicable blockchain network.
BLOCKCHAIN NETWORK: Through the Smart Contracts, users may buy, sell own and transfer the Project's digital characters, collectibles, generative artwork, and/or other digital assets. To interact with the Project, you will need to have a web browser and a digital wallet that is compatible with the NFT standard on the Project's applicable blockchain network (for example, and as applicable, the Ethereum blockchain). All transactions regarding this Project are managed and confirmed via the appliacble blockchain network. The Creator does not own or control your web browser, your digital wallet, any blockchain network such as the Ethereum network, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to perform a transaction. The Creator will not be responsible for the acts or omissions of any third parties, nor will they be responsible for any damage that you may suffer as a result of your transactions or any other interaction with any third parties.
OWNERSHIP: When you purchase an NFT from the Project, you own only the NFT, not any related Art or any other Project Materials. You can trade the NFT, sell it, or give it away. Ownership of the NFT is governed only by the Smart Contract and the applicable blockchain network (for example, and if applicable, the Ethereum Network). The Creator owns the Art. You acknowledge and agree that the Creator (or, as applicable, any parties they have licensed rights from and/or who they transfer their rights to) own all legal right, title and interest in and to all other elements of the Project (incluidng, but not limited to, its Art), and all intellectual property rights in the project and the Project Materials. You do not have any rights in the Project Materials except for those rights expressly stated in these Terms & Conditions. All Project Materials are the property of the Creator (and/or their licensors, licensees, and/or assignees, if and to the extent applicable). The Creator (and, if applicable, their licensees, licensors, and assignees) reserve all rights in and to the Project Materials that are not expressly granted to you in these Terms & Conditions.
LICENSE FOR NON-COMMERCIAL USE OF THE ART: For so long as you continue to Own the applicable NFT and fully comply with these Terms & Conditions, the Creator grants you a limited worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art of your Purchased NFT solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of a marketplace that permits the purchase and sale of your Purchased NFT, but only if the marketplace cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFT to ensure that only the actual owner of the NFT can display the Art; or (c) as part of a third party website or application that permits the inclusion, involvement, or participation of your Purchased NFT, but only if the website/application cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFT to ensure that only the actual owner of the NFT can display the Art, and only if the Art is no longer visible once the owner of the Purchased NFT leaves or logs out of the applicable website/application.
GENERAL RESTRICTIONS: You agree not to do any of the following things unless you make a request to the Creator and are granted specific written permission by them: (a) modify the Art in any way; (b) use the Art to advertise, market, or sell any product or service; (c) use the Art in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (d) use the Art in movies, videos, or any other forms of media, unless and only to the degree that the use is expressly authorized elsewhere in these Terms & Conditions or solely for your own personal, non-commercial use; (e) sell, distribute for commercial gain or otherwise commercialize merchandise that includes, contains, or consists of the Art, unless and only to the degree as expressly authorized elsewhere in these Terms & Conditions; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art.
RESTRICTIONS ON THIRD PARTY IP: If the Art contains Third Party IP (for example, intellectual property from a celebrity, athlete, sports league, or company other than the Creator), you understand and agree with the following: (a) you will only have the rights to use the Third Party IP as it is included within your Purchased NFT and only so long as you are using your Purchased NFT in compliance with these Terms & Conditions; (b) any license for commercial use stated in these Terms & Conditions will not apply; (c) depending on the nature of the license granted from the owner of the Third Party IP, the project creator may need to pass through additional restrictions on your ability to use the Art; and (d) to the extent that the project creator informs you of these additional restrictions in writing (e.g., via email), you will be responsible for complying with all the additional restrictions from the date that you receive the notice, and failure to do so will be deemed a breach of these Terms & Conditions.
LICENSES END IF YOU NO LONGER OWN A PURCHASED NFT. For clarity, please note that the licenses granted in the clauses titled "LICENSE FOR NON-COMMERCIAL USE OF THE ART" and "LICENSE FOR NON-COMMERCIAL USE OF THE ART" apply only if you continue to Own the applicable NFT. If at any time you cease to Own (as defined in these Terms & Conditions) the Purcahsed NFT for any reason, these licenses will immediately expire with respect to you, and you will have no further rights to the Art for that Purchased NFT.
USE OF THE PROJECT'S NAME. Notwithstanding any contained in these Terms & Conditions, you are not granted any rights to use the project's name for any purpose without obtaining the Creator's prior written consent.
DISCLAIMERS. TO THE FULLEST EXTENT PERMISSIBLE PER APPLICABLE LAW, THE PROJECT CREATOR AND THEIR SUBSIDIARIES, AFFILIATES, AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS AND CONTRACTORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, REGARDING ANY NFTS, SMART CONTRACT, ETC.), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET. THE PROJECT CREATOR WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ANY BLOCKCHAIN NETWORK (FOR EXAMPLE, THE ETHEREUM NETWORK) OR ANY DIGITAL AND/OR ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECT SMART CONTRACTS OR OTHER TRANSACTIONS; SERVER FAILURE OR DATA LOSS; CORRUPTED WALLET FILES; OR UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK. NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE BLOCKCHAIN. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN, WHICH IS EARLY STAGE AND/OR EXPERIMENTAL TECHNOLOGY. THE PROJECT CREATOR MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. THE PROJECT CREATOR IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY FEATURES OF OR RELATED TO THEM OR ANY ELECTRONIC AND/OR DIGITAL WALLET.
LIMITATION OF LIABILITY. THE PROJECT CREATOR AND THEIR SUBSIDIARIES, AFFILIATES, AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS AND CONTRACTORS, WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THEIR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS AND/OR ANY NFT, IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID THE PROJECT CREATOR UNDER THESE TERMS & CONDITIONS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE. THE PROJECT CREATOR SOLD THE PURCHASED NFT AND ENTERED INTO THESE TERMS & CONDITIONS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
GOVERNING LAW. The Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts-of-law rules, and the United States of America. For the purposes of these Terms & Conditions and/or any disputes related to them and/or the Purchased NFT, you and the Creator consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York.
MISCELLANEOUS. These Terms & Conditions are the entire agreement between you and us regarding the Purchased NFT, and replace and trump all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Creator with respect to the Purchased NFT. If any provision of these Terms & Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary for the rest of the Terms & Conditions to remain enforceable. Failure to enforce any part of these Terms & Conditions shall not constitute a waiver of the right to later enforce that or any other part of these Terms & Conditions. For any waiver of compliance with these Terms & Conditions to be binding, a party's authorized representatives must provide written notice of that waiver. The language in these Terms & Conditions will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any or your rights or obligations under these Terms & Conditions, whether by operation of law or otherwise, without our prior written consent. The Creator may assign their rights and obligations under these Terms & Conditions in their sole discretion
Privacy PolicyLast updated: April 17, 2023
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
InterpretationThe words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
DefinitionsFor the purposes of this Privacy Policy:Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to CultPunks.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: Cayman Islands
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to CultPunks, accessible from https://cultpunks.io
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Types of Data CollectedPersonal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:Usage Data
Usage DataUsage Data is collected automatically when using the Service.Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and CookiesWe use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies on the Free Privacy Policy website article.We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential CookiesType: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Delete Your Personal Data
You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.
Our Service may give You the ability to delete certain information about You from within the Service.
You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.
Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.
Disclosure of Your Personal DataBusiness Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligationProtect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
























