AMAC TERMS & CONDITIONS
Alpha Male Ape Club is a collection of 10,000 digital artworks (NFTs) running on the Ethereum network. This website is only an interface allowing participants to purchase digital collectibles. Users are entirely responsible for the safety and management of their own private Ethereum wallets and validating all transactions and contracts generated by this website before approval. Furthermore, as the Alpha Male Ape Club smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.
This website and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving the Alpha Male Ape Club digital collectibles.
1. Ownership
A. You Own the NFT. Each Alpha Male Ape is an NFT on the Ethereum blockchain. When you purchase an Alpha Male Ape Club NFT, you own the underlying Alpha Male Ape, the Art, completely. “Art” means any art, designs, drawings, traits, layers, and other design elements that may be associated with the Alpha Male Ape Club NFT that you own.
Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network.
B. Personal Use. Subject to your continued compliance with these Terms, we grant you a worldwide, royalty-free license to use, copy, and display the purchased Art solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Alpha Male Ape Club NFT, provided that the marketplace cryptographically verifies each Alpha Male Ape Club NFT owner’s rights to display the Art for their Alpha Male Ape Club NFT to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Alpha Male Ape Club NFT, provided that the website/application cryptographically verifies each Alpha Male Ape Club NFT owner’s rights to display the Art for their Alpha Male Ape Club NFT to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Alpha Male Ape Club NFT leaves the website/application.
C. Commercial Use. Subject to your continued compliance with these Terms, we grant you a worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable license to use, copy, display the purchased Art, including for the purpose of creating derivative works based on the Art (“Adapted Art”); provided, however, that any such Adapted Art must contain the original traits or features of the Art (including color schemes) and may not use traits or features from other Alpha Male Ape Club NFT artwork (including their color schemes). Upon failure by you (or any authorized person) to comply with these Terms of Use, we shall be entitled to terminate this license. You may commercialize your Alpha Male Ape Club NFT by producing and selling physical merchandise that portrays the Alpha Male Ape Club NFT’s underlying Art in its entirety. You understand and agree that these rights are licensed solely to the rightful and legal Owner of the Alpha Male Ape Club NFT. Your licensed rights to the Alpha Male Ape Club NFT will terminate upon the sale or transfer of your Alpha Male Ape Club NFT as defined in Section 8 (“Transfer”) of these Terms and Conditions.
D. AMAC Intellectual Property (IP). Other than the rights to the Art associated with the Alpha Male Ape Club NFT that you own, nothing herein gives you any rights to any other trademarks or other intellectual property rights belonging to us including, without limitation, to Alpha Male Ape Club, AMAC, and the associated logos.
E. Feedback. You may choose to submit comments, bug reports, ideas or other feedback about the Site, including without limitation about how to improve the Site (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback in any way we choose without additional compensation to you and you hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license to incorporate and use the Feedback for any purpose.
2. Your Obligations
You are solely responsible for your own conduct while accessing or using the Site, and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person; (iv) upload, post, transmit or otherwise make available through the Site any content that infringes the intellectual property or proprietary rights of any party or otherwise violates the legal rights of others; (v) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vi) interfere with other users’ use of the Site; (vii) use the Site for any unauthorized commercial purpose; (viii) modify, adapt, translate, or reverse engineer any portion of the Site; (ix) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or any part of it; (x) use any technology to collect information about the Site’s for any unauthorized purpose; (xi) access or use the Site for the purpose of creating a product or service that is competitive with any of our products or services. If you engage in any of the activities prohibited by this Section, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account.
3. Fees and Payment
A. If you elect to purchase an Alpha Male Ape Club NFT through the Site, any financial transactions that you engage in will be conducted solely through the Ethereum network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. We 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 or any other transactions that you conduct via the Ethereum network.
B. Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction.
4. Disclaimers
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK, AND THAT THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE WILL BE ACCURATE, (III) THE SITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY.
C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK NOR DO WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES REGARDING ANY SMART CONTRACTS.
5. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT WE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Risk Assumption
You accept and acknowledge each of the following:
A. To the extent that you sell your Alpha Male Ape Club NFT, please be aware that the prices of NFTs are extremely volatile and fluctuations in the prices of other NFTs and impact the price of your Alpha Male Ape Club NFT both positively and negatively. Given the volatility, NFTs such as Alpha Male Ape Club should not be considered an investment. You assume all risks in that connection.
B. Ownership of an Alpha Male Ape Club NFT means ownership of the digital artwork only. When you buy an Alpha Male Ape Club NFT, you receive digital artwork associated with the corresponding ERC-721 token for which you have paid. While we will make every effort to provide all other utilities and functionalities promised with this project, we do not provide any guarantee or warranty for such services. Our team is committed to delivering the utilities defined in the project’s roadmap, but we cannot be held responsible for any changes in the timeline and/or any failure to deliver such utilities or services or any potential loss or damage that may occur due to any malfunctioning or non-availability of associated utilities or services. By purchasing Alpha Male Ape Club NFTs, you agree to waive any claims or demands for compensation against us for any of such issues. Accordingly, no information on this Site (or any other documents mentioned therein) is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. For this reason, we offer no refunds for the Alpha Male Ape Club NFTs that you have bought or have received for free from us as an airdrop or in any other way. Further, nothing on this Site qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. Due to the artistic nature of the project, Alpha Male Ape Club (AMAC) has not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the Alpha Male Ape Club NFT and the associated artwork is your own decision and is in compliance with laws and regulations in your jurisdiction.
C. You assume all risks associated with using an Internet-based currency, 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 wallet.
D. NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your Alpha Male Ape Club NFT. You understand and accept all risk in that regard.
E. You assume all responsibility for any adverse effects of disruptions or other issues impacting Ethereum or the Ethereum platform.
7. Indemnification
You agree to hold harmless and indemnify Alpha Male Ape Club (AMAC) and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the Site, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Site.
8. Transfer
You have the right to transfer or sell your Alpha Male Ape Club NFT on a marketplace (an NFT Trading Platform), provided that the transferee or purchaser understands and accepts the terms of this Agreement and the terms of the marketplace (NFT trading platform) and that, prior to the transfer, you have not breached this Agreement or the Terms & Conditions of the marketplace (NFT Trading Platform). Alpha Male Ape Club (AMAC) is not responsible for any transactions between you and a third party, including using any marketplace (NFT Trading Platform) to transfer your Alpha Male Ape Club NFT. Alpha Male Ape Club shall have no responsibilities or liability with respect to any transfer you enact on any marketplace (NFT Trading Platform). Your license to the Alpha Male Ape Club NFT and the underlying digital artwork terminates upon the sale or transfer of your Alpha Male Ape Club NFT.
9. Children
Our Site is not intended for children. You must be at least 18 years old to access this Site or purchase an Alpha Male Ape Club NFT. If you are under 18 years old you are not permitted to use this Site for any reason. By accessing the Site, you represent and warrant that you are at least 18 years of age.
10. Changes to the Terms and Conditions
We may make changes to the Terms at our discretion. Please check these Terms periodically for changes. If you do not agree to any revised Terms, you may not access or use the Site.