TUNNEY MUNNEY TERMS & CONDITIONS
Welcome to TUNNEY MUNNEY, tunneymunney.io (the “Website”), operated on behalf of Tunney Munney LLC (“Company”, “we”, “us” or “our”). These Terms and Conditions (“Terms”) constitute a legally binding agreement between Company and each registered or unregistered end user (each, a “User,” “you” or “your”) of the Website.
TUNNEY MUNNEY offers a collection of digital artworks linked or associated with a non-fungible tokens (“NFT”) implemented on a blockchain using smart contracts, such as, for illustration but not limitation, a non-fungible token conforming to the ERC-721 standard on the Ethereum blockchain network. The NFT is separate and distinct from the digital artwork with which it may be linked or associated. An NFT is not a medium of exchange and is not convertible virtual currency.
The 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 the Website before approval. Furthermore, as the smart contract runs on a blockchain network, there is no ability to undo, reverse, or restore any transactions.
The Website and its connected services are provided “as is” and “as available” without warranty of any kind. By using the Website you are accepting sole responsibility for any and all transactions involving Tunney Munney digital collectibles.
1.1. When you purchase a Tunney Munney NFT, you own the NFT but you do not own any intellectual property rights in the digital artwork associated or linked to the NFT (the “Content”) except for the license grants expressly set forth herein in this Section.
1.2. Scope of License. If you purchase a Tunney Munney NFT, then subject to your compliance with these Terms, Company hereby grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Content for such purchased Tunney Munney 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 Tunney Munney NFTs, provided that the marketplace cryptographically verifies each Tunney Munney NFT’s owner’s rights to display the Content for their Tunney Munney NFT to ensure that only the actual owner can display the Content; or (c) as part of a third party website or application that permits the inclusion, involvement, or participation of your Tunney Munney NFT, provided that the website/application cryptographically verifies each Tunney Munney NFT’s owner’s rights to display the Content for their Company NFT to ensure that only the actual owner can display the Content, and provided that the Content is no longer visible once the owner of the Tunney Munney NFT leaves the website/application. This license only lasts as long as you are the valid owner and holder of the Tunney Munney NFT associated with the licensed Content. If you sell or transfer the Tunney Munney NFT to another person, this license will transfer to such other owner or holder of the Tunney Munney NFT, and you will no longer have the benefits of such license. All rights not expressly granted are reserved.
1.3. Limitation on License. You agree that you may not, nor permit any third party to do or attempt to do any of the following without our (or, as applicable, our licensors’) express prior written consent in each case: (a) modify the Content for your Tunney Munney NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (b) use the Content for your Tunney Munney NFT to advertise, market, or sell any third party product or service; (c) use the Content for your Tunney Munney NFT 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) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Content for your Tunney Munney NFT; (e) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Content for your Tunney Munney NFT; or (f) otherwise utilize the Content for your Tunney Munney NFT for your or any third party’s commercial benefit.
2.1. If you elect to purchase a Tunney Munney NFT through the Website, any financial transactions that you engage in will be conducted solely through the Ethereum network. Company will have no insight into or control over these payments or transactions, nor does Company have the ability to reverse any transactions. Company 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.
2.2. 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. You will be responsible for any requirement payment of a Gas Fee for each transaction or any other network or third-party platform transaction fees.
2.3. You are solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with your use of the Website or purchase of a Tunney Munney NFT. Except for income taxes levied on us, you: (a) will be solely responsible for reporting any tax obligations when, if ever, such obligations arise as a result of your use of the Website, purchase of a Tunney Munney NFT, or otherwise in relation to a Tunney Munney NFT; (b) will pay or reimburse Company for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and other taxes as may be required, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (c) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments (including Gas Fees) made to us pursuant to these Terms. Neither these Terms nor any other communication from Company constitutes tax advice, and users are solely responsible for determining what, if any, taxes apply to their interaction with Tunney Munney NFTs and the use of the Website. We expressly deny and disclaim any liability to you and deny any obligation to indemnify you or hold you harmless for any losses you may incur by transacting, or facilitating transactions, in NFTs outside of the Website.
2.4. Company shall have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Website.
2.5. You acknowledge and affirm that you are purchasing Tunney Munney NFTs, whether through the Website or through a Third Party Platform (defined below), for purposes of acquiring digital collectibles and not for any investment or speculative purposes. Any economic benefit that may be derived from appreciation in the value of the Tunney Munney NFT is incidental to obtaining it for its collectible purpose.
You are solely responsible for your own conduct while accessing or using the Website, and for any consequences thereof. You agree to use the Website 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 Website 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 Website; (vii) use the Website for any unauthorized commercial purpose; (viii) modify, adapt, translate, or reverse engineer any portion of the Website; (ix) remove any copyright, trademark or other proprietary rights notices contained in or on the Website or any part of it; (x) use any technology to collect information about the Website’s for any unauthorized purpose; (xi) access or use the Website 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.
Your access to and use of the Website are at your own risk. You understand and agree that the Website, and services provided therein, are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, officers, directors, employees, agents, representatives, partners and licensors (the “the Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Website or services provided therein; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website or services provided therein; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Website will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, the Content and other communications maintained by the Company or the Website. No advice or information, whether oral or written, obtained from the Company Entities or through the Website, will create any warranty or representation not expressly made herein.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA , WALLET KEYS, OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR COMPANY NFTS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You accept and acknowledge each of the following:
a. To the extent that you sell your Tunney Munney NFT, please be aware that the prices of NFTs are extremely volatile and fluctuations in the prices of other NFTs may impact the price of your Tunney Munney NFT both positively and negatively. Given the volatility, NFTs should not be considered an investment. You assume all risks in connection with your purchase of a Tunney Munney NFT.
b. No information on the Website (or any other documents mentioned therein) is or may be considered to be financial advice or an invitation to enter into an agreement for any investment purpose. Further, nothing on Website 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, Company has not been registered with or approved by any financial regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the Tunney Munney NFT 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 Tunney Munney 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.
f. You assume all risks associated with losing access to your Tunney Munney NFT, including but not limited to, loss of a PIN, wallet keys, two-factor authentication devices, or log-in information.
7. NO FINANCIAL ADVICE.
Company may assist you in various aspects related to the purchasing and holding of Tunney Munney NFTs, including the creation, set up, or use of wallets or exchange accounts, support in purchasing or minting NFTs, explanations related to cryptocurrency or NFTs, or technological assistance with third-party cryptocurrency- or NFT-related services. All such assistance provided by Company shall be deemed solely to be technology consulting. IN NO EVENT SHALL SUCH CONSULTING OR ASSISTANCE BE CONSIDERED OR CONSTRUED AS FINANCIAL ADVICE PROVIDED BY THE COMPANY OR ANY RELATED PARTY. Any use of finance- related terms, whether by Company, on the Website, or as used in the Content, including but not limited to use of “vault”, “bank”, or currency denominations, are for entertainment and marketing purposes only.
8. INDEMNIFICATION.
By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold Company, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (“Company Affiliates”) harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by Company or Company Affiliates arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Website; (d) your misuse of the Content and scope of your license thereto; (e) your violation of applicable laws, rules or regulations in connection with your access to or use of the Website, or (f) your negligence or willful misconduct.
9. CHANGES TO TERMS AND CONDITIONS.
Company may make changes to the Terms at its 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 Website.
10. AGE RESTRICTION.
You must be at least 18 years old to access the Website or purchase a Tunney Munney NFT. If you are under 18 years old, you are not permitted to use the Website for any reason. By accessing the Website, you represent and warrant that you are at least 18 years of age.
11. ARBITRATION.
All disputes arising out of or in connection with these Terms, including without limitation your access or use of the Website, or to any products sold or distributed through the Website, will be referred to and finally resolved by arbitration under the rules of the American Arbitration Association. The case will be adjudicated by a single arbitrator and will be administered by the American Arbitration Association in accordance with its applicable rules. Each party will cover its own fees and costs associated with the arbitration proceedings. The place of arbitration will be Palm Beach County, Florida. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, Company may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction.
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE WEBSITE OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE WEBSITE, OR THE SMART CONTRACTS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
12. MISCELLANEOUS.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned or transferred by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Website and services therein are operated by Company in the United States. Those who choose to access the Website from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of Florida, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 10, or if arbitration does not apply, unless prohibited by law, the state and federal courts located in Palm Beach County, Florida.