TERMS & CONDITIONS ..
Users who purchase the G.RILLA NFT agree to purchase and use G.RILLA under the following Conditions:
1. “G.RILLA” is a project about a collection of digital artworks running on the Klaytn network.
2. "Art" means any art, graphics, images, designs and drawings that may be associated with an NFT in which you acquire licensed rights hereunder.
3. “Extensions” means third party designs that: (i) are intended for use as extensions or overlays to the Art, (ii) do not modify the underlying Art, and (iii) can be removed at any time without affecting the underlying Art.
1. Ownership of the NFT. Each G.RILLA is an NFT on the Klaytn blockchain. When you purchase an NFT you own the underlying G.RILLA completely. Ownership of the NFT is mediated entirely by the Smart Contract and the Klaytn Network: at no point may We(MetaKongz Co., Ltd.) seize, freeze, or otherwise modify the ownership of any G.RILLA.
1. Personal Use. Subject to your continued compliance with these Terms, We(MetaKongz Co., Ltd ) grants you a worldwide, royalty-free license to use, copy, and display the Art about G.RILLA which you owned, 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 G.RILLA / NFT, provided that the marketplace cryptographically verifies each G.RILLA owner’s rights to display the Art for their G.RILLA 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 G.RILLA, provided that the website/application cryptographically verifies each G.RILLA owner’s rights to display the Art for their G.RILLA 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 G.RILLA leaves the website/application.
2. Commercial Use. Subject to your continued compliance with these Terms, MetaKongz Co., Ltd. grants you an unlimited, worldwide, non-execlusive license 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 sell merchandise products (T-Shirts etc.) displaying copies of the Art. 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 G.RILLAs generally, provided that the marketplace cryptographically verifies each G.RILLA owner’s rights to display the Art for their G.RILLA 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 G.RILLAs generally, provided that the third party website or application cryptographically verifies each G.RILLA owner’s rights to display the Art for their G.RILLA 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 G.RILLA leaves the website/application; or (iii) earning revenue from any of the foregoing.
3. Restrictions. You agree that you may not, nor permit any third party to do or attempt to do any of the following without express prior written consent from MetaKongz Co., Ltd. in each case:
a. use G.RILLA or Art(including Extensions) in connection with images, videos, or other forms of media that (i) 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, drugs (including, without limitation, both prescription and non-prescription) or other supplements, death, pornography or other “adult only” or sexually explicit activities, massage parlors, prostitution or any dating or escort activities, weapons or ammunition, denigration or discrimination against individuals based on race, national origin, gender, religion, disability, ethnicity, sexual orientation, gender identity or age, medical conditions and/or political campaigns or causes;
b. any other uses which may hinder any business conducted by MetaKongz Co., Ltd., or damage the reputation or credibility of MetaKongz Co., Ltd.
4. G.RILLA IP. Other than the rights to the Art, nothing hereinabove gives you any rights to any other trademarks or other intellectual property rights belonging to MetaKongz Co., Ltd including, without limitation, to MetaKongz, MutantKongz, Kongz, G.RILLA and the associated logos. All of these rights are expressly reserved in the name of MetaKongz Co., Ltd.
Fees and Payment
1. A purchase agreement for G.RILLA will be deemed concluded between us if you link your virtual asset wallet to this website and approve the smart contract linked with minting features, and the respective transaction is confirmed on the blockchain.
1. If you elect to purchase a Mutant Ape through the Site, any financial transactions that you engage in will be conducted solely through the Klaytn 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 Klaytn network.
3. Klaytn requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Klaytn network. The Gas Fee is used to pay for the cost of the computer network required for the operation of the decentralized Klaytn network. This means that you will need to pay a Gas Fee for each transaction even if the transaction is not confirmed normally.
Cancellation of Order
User who has purchased G.RILLA using smart contract with us may withdraw their orders within a specific period, 7days after purchase, as stipulated in the relevant laws and regulations. However, the order cannot be canceled as stated in the Act on Consumer Protection in Electronic Commerce, etc., We shall take the necessary procedures required by the relevant laws for limiting the right to cancel orders.
1. 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.
2. 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.
3. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE KLATYN NETWORK NOR DO WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES REGARDING ANY SMART CONTRACTS.
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 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.
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, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS.
C. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE WEBSITE AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. WE WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU WITHOUT THESE LIMITATIONS.
A. To the extent that you sell your G.RILLA 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 G.RILLA both positively and negatively. You assume all risks about purchasing and trading G.RILLA. Given the volatility, NFTs such as G.RILLA should not be considered as a financial investment instrument (security or derivatives) subject to the Financial Investment Service and Capital Markets Act.
B. Ownership of a G.RILLA confers ownership of digital artwork only. Accordingly, no information on this website (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. 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, G.RILLA 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 G.RILLA and the associated art is in compliance with laws and regulations in your jurisdiction.
C. You assume all risks associated with using an Internet-based currency(including digital asset), 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 G.RILLA. You understand and accept all risk in that regard.
E. You assume all responsibility for any adverse effects of disruptions or other issues impacting Klaytn Network or the Klaytn platform.
A. You agree to hold harmless and indemnify Us(MetaKongz Co., Ltd.) 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.
B. We shall not be liable for the provision of the Services in cases where the Services cannot be provided due to natural disasters, power outages, disruptions of communications provided by other telecommunications service providers, or any other force majeure events equivalent thereto. And We shall not be liable for damages incurred to a user arising from system disruptions that cannot be controlled by Us, system disruptions caused by third-party attacks, or computer viruses for which a reputable domestic or international research institute or security firm has not developed a countermeasure, unless attributable to an intentional or grossly negligent act of Us. Furthermore, We shall not be liable for any damage caused by maintenance, replacement, regular inspections, or construction of facilities used for the services, or any other causes equivalent thereto unless such damage is attributable to an intentional or grossly negligent act of Us.
C. We shall not be liable for any disruptions in use of the services caused by an intentional or grossly negligent act of a user unless the User has an inevitable or a legitimate reason.
D. We has no obligations to involve itself in any transactions or disputes arising from or in relation to the services between users or between a user and a third party, and We shall not be liable for any damages arising from such transactions or disputes. We shall not be held responsible for a user’s failure to gain benefits or loss of such benefits that the user expected from using the services.
Obligations of a user
A user(or a purchaser) shall comply with these Terms and Conditions. A user shall NOT (a) pay by illegal use of methods of payment, such as using another person’s digital asset wallet, credit card, phone, bank account, etc,; (b) change information posted by MetaKongz Co., Ltd. or cause disruptions to the services; (c) infringe on personal rights or intellectual property rights of Us and/or a third party, including the right of portrait, right of name, publicity right, and copyright; (d) damage the reputation of Us and/or a third party or interfere with the business of Us and/or a third party; (e) impersonate employees or other related parties of Us; (f) post indecent information such as vulgar or violent messages, videos, audios, or other contents, or post information that may cause other users to feel disgusted or anxiety, or post a link which connects to above-mentioned information on the website; (g) use the services for purposes other than as prescribed without Our consent, such as for-profit, sales promotion, advertisement, publicity, political activities or election campaigns, etc.; (h) duplicate, distribute, promote or commercially use any information obtained using services without authority, use services by exploiting known or unknown bugs; (i) take advantage by deceiving others; (j) give damages to others in relation to using services; (k) any other act that violates relevant laws, or is against good customs or other social norms.
Changes to the Terms and Conditions
A. We may make changes to the Terms at our discretion. Please check these Terms and Conditions periodically for changes.
B. The change of these Terms and Conditions shall make an announcement in a manner prescribed in Article 3.1., regarding both the previous and modified versions of the Terms and Conditions, effective date, and reasons for the modification for a period starting seven (7) days before the effective date and ending one (1) day before the effective date. Provided, however, any change to your significant rights or obligations shall be announced thirty (30) days before the effective date in a manner prescribed above.
C. Your continued access to or use after the Terms and Conditions have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms and Conditions, you may not access or use the website.
Jurisdiction and Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Korea, without giving effect to any choice or conflict of law provision or rule. Any lawsuits related to disputes between you and Us shall be brought to a competent court under the Civil Procedure Act.