Terms of service
Last Revised: May 16 2022
Purchasing and Earning Your CollectiblesAcquiring Collectibles. The Site allows you to collect and showcase digital blockchain collectibles (each, a “Collectible”) from Mint.Characteristics of Collectibles. Collectibles are comprised of Art (as defined below) created by certain artists. Each Collectible has a defined set of attributes — including scarcity — that may impact the value of the Collectible.Subjectivity of Collectibles. The value of each Collectible is inherently subjective in the same way the value of other collectibles is inherently subjective. Each Collectible has no inherent or intrinsic value. Some collectors might prefer to have a Collectible featuring a certain item, while another might prefer an equivalent Collectible featuring a different item.Showcasing Collectibles. The “Showcase” feature of the Site allows to you organize your Purchased Collectibles (as defined below) into collections and show them to your friends.Payment and TaxesTerms of Sale. By placing a bid or an order on or through the Site, you agree that you are submitting a binding offer to purchase such NFT of Collectible. Your order is accepted and confirmed once purchase is complete, and the Site displays the Confirmation Page (“Confirmation Page”"). YOU HEREBY EXPRESSLY AGREE THAT THE SUPPLY OF A NFT OR COLLECTIBLE BEGINS IMMEDIATELY AFTER THE CONFIRMATION PAGE IS DISPLAYED.
All sales of NFTs or Collectibles are final. No refunds or returns are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
The creator of the NFT or Collectible may choose to provide certain rights to holders of their NFT or Collectible, which may include, but is not limited to, physical items, special access, or other exclusive content (collectively, “Additional Items”). Any Additional Items will be provided directly to you from the creator of the NFT or Collectible; Mint has no involvement in such transactions and is not a party to such transactions. Notwithstanding the above, Mint may publish a description of the Additional Items on the Site on behalf of the creator of the NFT or Collectible. If you own a NFT or Collectible that entitles you to Additional Items, you hereby consent to Mint sharing your contact information with the creator of the NFT or Collectible to facilitate delivery of your Additional Items. Unless otherwise stated, transactions on the Secondary Market are only for NFTs or Collectibles and do not grant the purchaser the right to any Additional Items.Transaction fees. Transactions in Collectibles on the Flow or Polygon Network may be subject to additional fees, including fees payable to some or all of the Collectible Parties, that will be deducted from transaction proceeds before payment to the selling party.Responsibility for Taxes. Company is not responsible for determining the withholding, sales, use, value added, transfer, or other taxes, together with any interest and penalties imposed with respect thereto (“Taxes”), that apply to your transactions on the Site. You agree that you are solely responsible for determining what, if any, Taxes apply to your transactions on the Site and to withhold, collect, report, and remit the correct amounts of Taxes to the appropriate taxing authorities. Unless otherwise indicated on an applicable invoice, any amounts due in respect of a transaction on the Site are exclusive of sale, use, value added, or similar Taxes (“Sales Taxes”), which shall be your responsibility. Any payments with respect to your transactions on the Site shall be made without deduction or withholding for any Taxes, except as required by applicable law. If any applicable law requires the deduction or withholding of any Tax (a “Withholding Tax”) from any such payment then the sum payable by you shall be increased as necessary so that, after such deduction or withholding has been made, the amount received is equal to the sum that would have been received had no such deduction or withholding been made. Upon our request, you agree to promptly provide a properly executed Internal Revenue Service Form W-9 or applicable Internal Revenue Service W-8 and any other tax form that is reasonably required by us so to comply with our tax reporting obligations.
Ownership, License, and Ownership Restrictions
Your ownership of Collectibles will only be recognized by the Collectible Parties if you have purchased or otherwise rightfully acquired your Collectibles from a legitimate source and not through any of the Category B Prohibited Activities (as defined below). For the purposes of this Section 5, the following capitalized terms will have the following meanings:
“Art” means any art, design, and drawings (in any form or media, including, without limitation, video or photographs) that may be associated with a Collectible that you Own.
“Mint Marks” means name, nicknames, images, likenesses, marks, copyrights, trade dress colors, trade dress designs, logos and/or all other intellectual property of Mint.
“Own” means, with respect to a Collectible, a Collectible that you have purchased or otherwise rightfully acquired from a legitimate source (and not through any of the Category B Prohibited Activities (as defined below)), where proof of such purchase is recorded on the Flow or Polygon Network.
“Purchased Collectible” means a Collectible that you Own.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK, AND THAT THE SITE AND ALL COLLECTIBLES ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER ALL APPLICABLE LAWS, THE COLLECTIBLE PARTIES AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE AND ANY PART OF IT, OR ANY COLLECTIBLE INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COLLECTIBLE PARTIES AND THEIR PARENTS, 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; (IV) THE SITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) 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. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT THE COLLECTIBLE PARTIES HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO THEIR GROSS NEGLIGENCE. THE COLLECTIBLE PARTIES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE FLOW OR POLYGON NETWORK, OR YOUR ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE, THE FLOW OR POLYGON NETWORK, OR ANY ELECTRONIC WALLET; OR (V) INCOMPLETE, SLOWED OR DISRUPTED TRANSACTIONS INVOLVING COLLECTIBLES. COLLECTIBLES ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE FLOW OR POLYGON NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE FLOW OR POLYGON NETWORK. THE COLLECTIBLE PARTIES HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. THE COLLECTIBLE PARTIES ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE FLOW OR POLYGON NETWORK, OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE FLOW OR POLYGON NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.Limitation of Liability
We are constantly innovating the Site to help provide the best possible experience. You acknowledge and agree that the form and nature of the Site, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the Site at any time without notice.Children
You certify that you are at least 18 years of age. The Site is not intended for children under 18. If you are under the age of 18, you may not use the Site. We do not knowingly collect information from or direct any of our content specifically to children under the age of 18. If we learn or have reason to suspect that you are a user who is under the age of 18, we will close your account. Other countries may have different minimum age limits, and if you are below the minimum age for providing consent for data collection in your country, you may not use the Site