TERMS & conditions:

Demunks is a collection of digital artworks (NFTs) running on the Solana network. This website is only an interface allowing participants to purchase digital collectibles. This website and its connected services are provided “as is” and “as available” without warranty of any kind. Website users are responsible in absolution regarding the safety and management of their private/personal Solana Wallets, thus validating all and every transaction and contracts generated by the website before approval.

By using this website, you are accepting sole responsibility for any and all transactions involving Demunks digital collectibles.

Furthermore, as the Demunks smart contract runs on the Solana network, there is no ability to undo, reverse, or restore any transactions.

 

1. Ownership

A. Demunk is an NFT on the Solana blockchain. You Own the NFT. When you purchase an NFT, you own the underlying Demunk, the Art, completely. Ownership of the NFT is mediated entirely by the Smart Contract and the Solana Network: at no point may we seize, freeze, or otherwise modify the ownership of any Demunk™.

B. Commercial Use. Subject to your continued compliance with these Terms, Sidefixer Labs grants you limited, worldwide access to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art (“Commercial Use”). Examples of such Commercial Use would e.g., be the use of the Art to produce and display derivative works of art based on the Demunk™ held by its owner. (T-Shirts etc.). For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of Demunk with a conditional sale royalty of 2.5% of sale value and Demunk sold by you in future through your personal communications, website or third-party market place will by default carry these underlying Terms and conditions. The purchaser of the NFT you hold will be deemed as a person who has read and accepted the Terms and conditions, provided that the marketplace cryptographically verifies each Demunk™ owner’s rights to display the Art for their Demunk™ to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of Demunk™ generally, provided that the third party website or application cryptographically verifies each Demunk™ owner’s rights to display the Art for their Demunk™ 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 Purchased Demunk™ leaves the website/application;

C. Personal Use. Subject to your continued compliance with these Terms, Sidefixer Labs grants you a worldwide to use, copy, and display the purchased Art, along with any extensions that you choose to create or use, 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 Demunk / NFT, provided that the marketplace cryptographically verifies each Demunk owner’s rights to display the Art for their Demunk 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 Demunk, provided that the website/application cryptographically verifies each Demunk owner’s rights to display the Art for their Demunk to ensure that only the actual owner can display the Art.

D. Other than the rights to the Art Sidefixer Labs/Demunks™/Demunk™ does not provide(s) you rights to any other trademarks or other intellectual property rights belonging to Sidefixer Labs/ Demunks™/Demunk™, without limitation, Sidefixer Labs, Demunks™, Demunk™ and the associated logos. All of these rights are expressly reserved in the name of Sidefixer Labs.

E. Feedback. One may choose to submit comments, bug reports, ideas or other feedback about the Site, including the information about how to improve the Site. 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 you face in future thereof. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any laws applicable for the region you operate in. You are not allowed by yourself and 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, person or otherwise violates the legal rights of others; (v) engage in, promote, or encourage illegal activity (including money laundering); (vi) interfere with other user’s 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 a Demunk™ through the Site or the marketplace (Magic Eden link), any financial transactions that you conclude in will be conducted solely through the Solana network. We will have no insight into or control over the payments made or transactions done, nor do we have the ability to reverse any transactions and/or payments. 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 and failure of transaction that you engage or any other transactions that you conduct via the Solana network.

B. You also accept to abide by in whole of all Terms and conditions by default, once the Demunk is purchased or transferred to your respective Solana wallet.

C. Solana requires the payment of a Gas Fee (Transaction Fees) for every transaction that occurs on the Solana network. This means that you will need to pay a Gas Fee for each transaction and are subject to liability of their Volatile nature

 

4. Limitation of Liability

A. 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 OR CHARGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY AND ABILITY OF LIABILITY, INCLUDING, 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.

B. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE IS LIMITED TO THE GREATER EXTENT OF $500.

C. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SITE AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS. WE WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU WITHOUT THESE LIMITATIONS.

D. YOU AND ONLY YOU ARE RESPONSIBLE FOR BEING A VICTIM OF HACKING AND THEREFORE BEAR ITS ASSOCIATED RISKS. SIDEFIXER LABS ARE NOT RESPONSIBLE FOR ANY LOSS AN USER ACCURS.

 

6. Risk Assumption

You accept and acknowledge each of the following when a Demunk™ is purchased:

A. To the extent that you sell your Demunk™ NFT, please be aware that the prices of NFTs are extremely volatile and fluctuations in the prices of other NFTs are a common phenomenon that may affect your Demunk™ proportionally or inversely. 

B. NFTs such as Demunk™ should not be considered an investment. You assume all risks in that connection. Demunk™ as specified earlier is an artistic collectible an/or a PFP project and never has or will be advertised as an item or token of investment.

C. Ownership of a Demunk™ offers the purchaser ownership of digital artwork only. 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. Nothing on this Site qualifies or is intended to be offering securities in any jurisdiction nor does it constitute an offer an offer purchase shares, securities or other financial products. Since Demunk™ is a project of artistic nature, Demunk™ 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 Demunk™ and the associated art is in compliance with laws and regulations of your jurisdiction.

D. 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, and the risk that third parties may obtain unauthorized access to information stored within your wallet.

E. 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 Demunk™. You understand and accept all risk in that regard.

F. You assume all responsibility for any adverse effects of disruptions or other issues impacting Solana/Ethereum or the Solana/Ethereum platform.

7. Indemnification

You agree to indemnify Demunk™ and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, investors, suppliers or partners 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. You even agree to indemnify in full for any behaviour you display on site and related social media handles that display behaviour that (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or otherwise objectionable content that may cause a loss of reputation or goodwill.

8. Changes to the Terms and conditions

We may make changes to the Terms at our discretion. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Site.

9. Children

Our Site is not intended for children.  You must be at least 18 years old to access this Site or purchase a Demunk™. By accessing the Site, you represent and warrant that you are at least 18 years of age.

10. 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 TO THE REQUIRED AND APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE AND ANY PART OF IT (INCLUDING 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

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 UNLESS IT IS DUE TO OUR WILLFULL MISCONDUCT.

C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE SOLANA NETWORK NOR DO WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES REGARDING ANY SMART CONTRACTS.

11. Contact Us

If you have any questions or concerns, including if you need to access this to these terms and conditions in an alternative format, we encourage you to contact us via e-mail at contact@demunks.com