General Terms and Conditions
If you are an individual accessing or using the Platform on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (“Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Platform and to any such Organization.The Platform includes a forum for users to post, comment, and discuss digital art and non-fungible Ethereum-based tokens (“Digital Asset”). Registered users submit content to the Platform such as links, text posts, images, and videos.In order to use the Platform, you must connect your MetaMask or WalletConnect account to your HYYPE account. You must provide a username and a Digital Asset wallet ID.
You must be at least 18 years old to purchase a Digital Asset . By purchasing a Digital Asset, you represent and warrant that you are at least 18 years of age.
It is your sole responsibility to provide accurate information for creation and maintenance of your account and connections with your MetaMask, WalletConnect accounts, and any other third-party wallets (collectively, “Wallets”).You represent and warrant that (i) all such information and materials are true, accurate, and complete in all respects, comply with applicable law and do not violate or infringe any third-party rights; and (ii) you will immediately notify us about, and correct, and inaccuracy in any such materials or information.
While you may be able to browse public-facing portions of the Platform without registering an account with us, in order to access certain portions of the Platform, HYYPE may require you to register an account with us (“Account”).You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately at [email protected] if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. We will not be liable for any loss or damage arising from unauthorized use of your credentials. You may be required to create and provide separate log-in credentials to access Third-Party Services.We reserve the right to disallow, cancel, remove, or reassign certain usernames and other information associated with an Account in appropriate circumstances, as determined by us in our sole and absolute discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which would or might constitute a violation of this Agreement, cause damage to or impair the Platform, infringe or violate any third-party rights, damage or bring into disrepute the reputation of HYYPE, or violate applicable law. These determinations will be made in HYYPE’s sole and absolute discretion. If messages sent to the email address you provide are returned as undeliverable, then we may terminate your Account immediately without notice to you and without any liability to you or any third-party.
HYYPE offers a peer-to-peer online marketplace and auction house where creators, artists, collectors, enthusiasts, and other users (collectively, “Users”) can sell, list for auction, make offers, bid on, and purchase Digital Assets. Users can purchase Digital Assets by paying the listed price for the Digital Asset “(List Price”) or making offers to other Users for a Digital Asset listed as an auction item (“Auction Listing”).Users can make Digital Assets available for purchase using a List Price which is established by the seller. The purchasing User will be required to send an amount equal to the List Price, plus pay any additional and associated fees (e.g., gas) to purchase the Digital Asset. Users can also make Digital Assets available for purchase as Auction Listings. You acknowledge and agree that all offers are legally binding and non-revocable.By making an offer on an Auction Listing, you agree to pay the sale price, plus any additional and associated fees (e.g., gas). When making an offer on an Auction Listing, the amount of the List Price required to be sent as payment for the Digital Asset you bid on shall immediately be deducted from your Wallet. If your bid is not accepted, such payment shall be returned to your Wallet. In the event your bid is accepted, you shall be required to claim the Digital Asset, pursuant to instructions set forth on the Platform, and pay any additional and associated fees (e.g., gas) required in order to claim your newly purchased Digital Asset.
Ownership of Digital Assets
Title to your Digital Assets will at all times remain with you and will not transfer to HYYPE. None of your Digital Assets are the property of, or will or may be loaned to, HYYPE. As the owner of your Digital Assets, you will bear all risk of loss of Digital Assets. HYYPE does not represent or treat your Digital Assets as belonging to HYYPE.HYYPE will have no liability for fluctuations in the value of Digital Assets created, minted, purchased, acquired, or made available on the Platform.
Some Digital Assets sold on the Platform may be redeemable by the buyer to commission a custom Digital Asset (the “Custom NFT”) created by a specific artist (the “Artist”). Custom NFTs may be subject to additional terms and conditions (the “Custom NFT Terms and Conditions”) as set forth on the Platform, and any purchaser of a Custom NFT agrees to be bound by the Custom NFT Terms and Conditions.To the extent a Custom NFT is created by an Artist, the Artist may, in their sole discretion, charge a perpetual royalty fee (the “Royalty”) each time such Custom NFT is transferred between Wallets. Except as set forth in the applicable Custom NFT Terms and Conditions, the Artist shall be entitled to the entire Royalty, and the person who commissioned the Custom NFT shall not be entitled to any of the Royalties; provided, however, the person who commissioned such Custom NFT via a redeemable Digital Asset shall hold all right, title and interest in the Custom NFT.
YOU ACKNOWLEDGE AND AGREE THAT (i) HYYPE HAS NO CONTROL OVER ANY WALLET THAT YOU MAY USE IN CONNECTION WITH YOUR USE OF THE PLATFORM; (ii) ALL WALLETS ARE PROVIDED BY THIRD-PARTIES; (iii) HYYPE HAS NO RIGHT OR ABILITY TO CONTROL THIRD-PARTIES WHO PROVIDE WALLETS; (iv) ANY DISPUTE BETWEEN YOU AND ANY THIRD-PARTY WALLET PROVIDER IS BETWEEN YOU AND THAT THIRD-PARTY WALLET PROVIDER; AND (v) THAT HYYPE IS NOT LIABLE FOR ANY ISSUES OR LOSSES CAUSED BY USE OF THIRD-PARTY WALLETS.
Security of Accounts, Wallets, Digital Assets
We are not an insured financial institution. As a result, unlike funds held in most banks or credit unions, amounts displayed through the Platform are not insured against loss.You are responsible for maintaining the confidentiality and security of your Account or devices you use to access the Platform. You are also responsible for maintaining the security of your Wallet(s), and for ensuring that no unauthorized person has access to your Wallet(s), any private keys, or any devices that you utilize in connection with the Platform. You acknowledge that your Ethereum public address will be made publicly visible whenever you engage in a transaction on the Platform.We will not be liable for any loss or damage arising from your failure to protect your Account or your Wallet(s).It is your sole responsibility to provide accurate information for creation and maintenance of your Account. You are solely responsible for ensuring the accuracy and completeness of all information and materials that you provide to use in connection with your use of the Platform. This includes, but is not limited to, all information and materials that you provide to us in connection with background checks and identity verification. You represent and warrant that (i) all such information and materials are true, accurate, and complete in all respects, comply with applicable law and do not violate or infringe any third-party rights; and (ii) you will immediately notify us about, and correct, and inaccuracy in any such materials or information.
Fees and Payments
You agree to pay for the Digital Assets by submitting the applicable purchase price, in the form set forth on the Platform, to an applicable Wallet per the instructions set forth on the Platform. You acknowledge and agree that any purchase of a Digital Asset on the Platform is final, and we will not have the ability to reverse any transactions. HYYPE 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 Platform. Purchases are not refundable under any circumstances.Transactions on the Platform may be subject to fees, which you agree to pay pursuant to the procedures set forth on the Platform or as otherwise required by the applicable blockchain. Blockchain networks also often require the payment of a transaction fee (“Gas Fee”) for every transaction that occurs. The Gas Fee funds the network of computers that run the applicable blockchain. This means that you may need to pay a Gas Fee for each transaction, and you acknowledge and agree that, to the extent any Gas Fees are required in connection with the use of the Platform, you shall pay such Gas Fees. In addition to the Gas Fees, Digital Assets sometimes require payment of a royalty fee in connection with the transfer of such Digital Asset, and you agree to pay any such royalty fees, as applicable.
Commissions and Royalties
Except as otherwise agreed to by and between a User and HYYPE, a User who sells a Digital Asset on the Platform is entitled to the total sale price thereof, less fees charged by HYYPE (the “Commission”). The Commission shall equal the amount set forth on the Platform, and the Commission shall be paid by the User pursuant to instructions set forth on the Platform; provided, however, HYYPE reserves the right, in its sole and absolute discretion, to deduct the Commission from the total sale price collected from the sale of a Digital Asset on the Platform prior to such fees being paid to the seller of a Digital Asset.Users acknowledge and agree that all fees, commissions, and royalties, including, but not limited to, the Commission may be transferred, processed, or initiated directly through one or more smart contracts on the applicable blockchain. By transacting on the Platform and by using smart contracts, you acknowledge, agree to, and accept all automated fees, commissions, and royalties for the sale of Items on the Platform. You waive any entitlement to fees, commissions, and royalties paid to another by operation of the smart contracts.
Users are responsible to pay any and all income, sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, “ associated with your use of the Platform (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, sale, or creation of any artworks).
Intellectual Property Rights
The Platform and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by HYYPE, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The sole exception to this is User Content, as defined below. HYYPE grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Platform solely in strict compliance with the provisions of this Agreement and as permitted by the functionalities of the Platform available to you.HYYPE’s name and all related names, logos, product and service names, designs, and slogans are trademarks of HYYPE or its licensors. You must not use such marks without the prior written permission of HYYPE. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.HYYPE reserves all rights not expressly granted to you in this section. Accordingly, nothing in this Agreement or on the Platform will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Platform or any HYYPE intellectual property located or displayed on or within the Platform.
Content on the Platform
HYYPE makes no representation that content and materials on the Platform are appropriate, lawful or available for use in any jurisdiction. Individuals who choose to access or use the Platform do so on their own initiative and are responsible for compliance with applicable law.Certain features on the Platform may allow you to submit, post, or upload (collectively, “Post”) content to the Platform or you may otherwise directly or indirectly provide content to HYYPE, such as user profile content or other materials subject to intellectual property or similar applicable law (“User Content”). For all User Content that you Post, you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all trademarks, copyrights and rights of publicity contained therein. For all User Content that you Post, you grant us (and those third-parties we work with) a worldwide license to use, exploit, host, store, transmit, reproduce, modify, create derivative works of (such as those resulting from changes we make so that your User Content works better with our Platform), publish, display, and distribute such content; provided that we will not share with other users any User Content that you Post that is not viewable by other users based on any privacy settings available on the Platform. The rights you grant in this section are for the purpose of operating, promoting, and improving our Platform and this license continues even if you stop using our Platform.We are under no obligation to edit or control User Content that you Post, and will not be in any way responsible or liable for User Content. HYYPE may, however, at any time and without prior notice, filter, screen, remove, edit, or block any User Content that, in our sole and absolute discretion, violates this Agreement or is otherwise objectionable. User Content that HYYPE determines is or could be interpreted to be abusive, bigoted, defamatory, harassing, harmful, infringing, obscene, offensive, pornographic, racist, threatening, unlawful, vulgar or otherwise inappropriate (collectively, “Offensive Content”) may be screened, removed, edited, or blocked. Further, we may take any action we deem necessary and/or appropriate against any user who Posts Offensive Content, including, but not limited to, suspending or terminating the user’s Account.You must not:
Modify copies of any content or material, including User Contributions, from the Platform.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.
You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of this Agreement, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by HYYPE or the user that originally submitted that content. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
In connection with the use of the Platform, you cannot:
Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
Post, transmit or otherwise make available through or in connection with the Platform any materials that are or may be: (i) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (ii) defamatory, libelous, fraudulent or otherwise tortious; (iii) obscene, indecent, pornographic or otherwise objectionable; or (iv) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Post, transmit or otherwise make available through or in connection with the Platform any virus, worm, Trojan horse, Easter egg, time bomb, spyware, ransomware, malware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Delete or alter any content or material that HYYPE makes available on the Platform.
Use the Platform to transmit through or in connection with the Platform, any spam, chain letters or other unsolicited communications. Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available, including by hacking or defacing any portion of the Platform (including any content available thereby); or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from legal use of the Platform.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Platform except as expressly authorized herein, without HYYPE’s express prior written consent.
Reverse engineer, decipher, decompile or disassemble any portion of the Platform, except to the extent such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from the Platform.
Frame or mirror any portion of the Platform, or otherwise incorporate any portion of the Platform into any product or service, without HYYPE’s express prior written consent.
Restrict, discourage or inhibit any person from using the Platform.
Systematically download and store content from the Platform.
Engaging in any attack, hack, denial-of-service attack, interference, or exploit of any smart contract.
Use any robot, spider, Platform search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine”, or otherwise gather content on the Platform (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Platform, without HYYPE’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with applicable law and any instructions posted in the robots.txt file located in the Platform’s root directory, HYYPE grants to the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. HYYPE reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
Create a false identity or impersonate another person or entity in any way.
The Platform may contain posts, comments, status updates, blogs, feeds, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a world-wide, royalty-free, and non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third-parties any such material for any purpose.In connection with your User Contributions, you represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not HYYPE, have fully responsibility for such content, including its legality, reliability, accuracy, appropriateness and any harm that may result from such content or your conduct on the Platform or its Interactive Features.
We are not responsible or liable to any third-party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
You will indemnify HYYPE, our affiliates and service providers, and each of their and our respective licensees, successors, and assigns for any loss or damage incurred by HYYPE arising for any User Contribution submitted by you.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for HYYPE.
Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS HYYPE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HYYPE OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER HYYPE OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.However, we cannot review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive or mislead any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity.
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. It is the policy of HYYPE to terminate the user accounts of repeat infringers.You can send notice to: [email protected]
Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any User Contributions. Any reliance you place on any User Contributions is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.This Platform includes content provided by third-parties, including materials provided by other users, content creators, writers, artists, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all content, posts, articles and responses to questions and other content, other than the content provided by HYYPE, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of HYYPE. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.
HYYPE neither owns nor controls any third-party wallet that you connect to the Platform, any web browser you use to access the Platform, any blockchain networks, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. HYYPE will not be liable for the acts or omissions of any such third-parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third-parties or use of Third-Party Services. HYYPE may contract with third-parties, including those providing research analysis or other information related to the Platform to provide certain data, information, insights, analysis, and articles that are made available through the Platform, and may also provide links to third-party websites (or other online properties that are not owned or controlled by HYYPE) or services that are not under the control of HYYPE (collectively, “Third-Party Services”). In addition to this Agreement, you may be bound by any additional terms required by providers of Third-Party Services. HYYPE makes no representations about, and accept no liability for, any Third-Party Services. HYYPE is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained in Third-Party Services, the services offered thereby or for their privacy and security policies and procedures.
Comments and Questions
If you choose to provide us with input or suggestions regarding problems with or proposed modifications or improvements to the Platform (“Feedback”), then you grant to us a non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable, and global right to use and exploit the Feedback in any manner and for any purpose without any restriction, credit, attribution, or fees due to you.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HYYPE OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT OR USER CONTRIBUTION ON THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE.THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM AND INTERACTION WITH ANY CONTENT AND USER CONTRIBUTIONS IS AT YOUR SOLE RISK. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, HYYPE DOES NOT MAKE ANY WARRANTY, EITHER EXPRESS OR IMPLIED, ABOUT THE PLATFORM CONTENT. THE PLATFORM AND CONTENT ON THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HYYPE DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, HYYPE DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS IN INFORMATION OR MATERIALS ON THE PLATFORM, AND HYYPE MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION OR MATERIALS. HYYPE PROVIDES NO GUARANTEES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. HYYPE EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OR MATERIALS CONTAINED ON THE PLATFORM.HYYPE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE LIKELIHOOD OR PROBABILITY THAT YOUR PARTICIPATION ON THE PLATFORM WILL ACHIEVE A PARTICULAR OUTCOME OR GOAL. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE SUCCESS, AND VOLATILITY MEANS THAT PERFORMANCE IN ANY PERIOD MAY BE FAR DIFFERENT FROM THAT OF PREVIOUS PERIODS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT HYYPE MAKES NO GUARANTEES OR OTHER COMMITMENTS ABOUT YOUR ABILITY TO ACCESS OR USE THE PLATFORM.TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYYPE ALSO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Acknowledgment of Risk
You accept and acknowledge each of the following:
To the extent that you sell your Digital Assets, please be aware that the prices of Digital Assets are extremely volatile and fluctuations in the prices of other Digital Assets and impact the price of your Digital Asset both positively and negatively. Given the volatility, Digital Assets should not be considered an investment. You assume all risks in that regard.
The price of Digital Assets purchased on the Platform may have been influenced by User activity outside of the control of HYYPE.
Ownership of a Digital Asset confers ownership of digital content and the underlying claim to the digital content only. Accordingly, no information relating to the Digital Asset is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, the sale of the Digital Asset is not 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 and hardware nature of the project, the Digital Assets have not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the Digital Asset and the associated art and hardware is in compliance with laws and regulations in your jurisdiction.
You assume all risks associated with using digital currency and Digital Assets, 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(s).
Digital Assets, 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 Digital Assets. You understand and accept all risk in that regard.
Representations and Warranties
You represent and warrant to HYYPE each time you use the Platform as follows:
That, if you are an individual user, you are 16 years of age or older and that you have the capacity to contract under applicable law.
That, if you are using the Platform on behalf of a legal entity (i) such legal entity is duly organized and validly existing under applicable law of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
That you understand the risks associated with using the Platform.
That you are not prohibited by applicable law from using the Platform.
That you will not falsify any Platform registration, or administration details provided to HYYPE.
That you will not falsify or materially omit any information or provide misleading or inaccurate information requested by HYYPE in the course of, directly or indirectly relating to, or arising from your activities on the Platform, including, but not limited to, at registration or during administration, and that if any information provided to HYYPE becomes incorrect or outdated, you will promptly provide corrected information to HYYPE.
That you acknowledge and agree that any Wallet you use in connection with the Platform is wholly controlled and owned by you and that HYYPE does not have any right, title or interest to the Wallet, except as otherwise set forth herein.
That you acknowledge and agree that any transactions undertaken through your login credentials, from your authorized email address on file with HYYPE, or from a Wallet in connection with the Platform are deemed to be valid, binding, and conclusive.
That (i) you own the User Content Posted by you or otherwise have the right to grant the license set forth in this Agreement; (ii) the posting of your User Content and the use of the same as contemplated in this Agreement does not and will not violate any right of any third-party; (iii) the Submission of your User Content will not require us to pay any amounts or provide any attribution to any third-parties; and (iv) the Submission of your User Content does not result in a breach of contract between you and a third-party or infringe the rights of any other person or violate applicable law.
That you will accurately and promptly inform HYYPE if you know or have reason to know whether any of the foregoing representations or warranties no longer is correct or becomes incorrect.
You acknowledge and agree that you have had the opportunity to consult legal counsel in connection with this Agreement even if you chose not to do so. You further acknowledge and agree that this Agreement will not be construed against you or HYYPE as drafter.SanctionsBy purchasing a Digital Asset, you further represent and warrant that you are not (i) the subject of sanctions administered or enforced by the United States (including without limitation the U.S. Department of the Treasury’s Office of Foreign Asset Control), the United Kingdom, the European Union or any other governmental authority (Sanctions) or (ii) organized or resident in a country or territory that is the subject of country-wide or territory-wide Sanctions.Restricted JurisdictionsThe Platform is subject to all applicable export control restrictions, and, by using the Platform, you represent that your actions are not in violation of such export control restrictions. Without limiting the foregoing, you may not use the Platform if you are (i) a resident, national or agent of Crimea, Cuba, Iran, North Korea, Syria or any other country or region to which the United States embargoes goods or imposes similar sanctions (“Restricted Jurisdictions”); (ii) a member of any sanctions list or equivalent maintained by the United States government (“Restricted Persons”); or (iii) you intend to transact with any Restricted Jurisdictions or Restricted Persons.
You agree to defend, indemnify and hold harmless HYYPE, its licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Platform, including, but not limited to any Posting of User Contributions or the use of the Platform's content, services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Platform.
The term of this Agreement commences on your first use of the Platform and continues until the termination of this Agreement by either you or HYYPE.
Termination and Suspension
These Terms are effective until terminated by us. HYYPE, in its sole discretion, has the right to terminate your access to the Platform or Services, or any part thereof, immediately at any time. We reserve the right, in our sole and absolute discretion, to restrict, suspend, or terminate your access to all or any part of the Platform or Service, or to terminate this Agreement at any time without prior notice or liability if you breach any provision of this Agreement or violate the rights of any third-party on or through the Platform. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.HYYPE is not liable to you or any third-party for termination of your access to the Platform, or any part thereof. If you object to any of the requirements, statements, or obligations of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Platform in any way, your only recourse is to immediately discontinue use of the Platform. Upon termination of these Terms, you will cease all use of the Platform.You may terminate this Agreement by sending written notification to us at [email protected] and terminating your use of the Platform.
Relationship of the Parties
You agree that no joint venture, partnership, employment or agency relationship exists between you and HYYPE as a result of this Agreement or use of the Platform.
Governing Law and Venue
This Agreement and your access to and use of the Platform will be governed by the laws of the State of California, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in San Francisco, California.
Except as otherwise set forth in this Agreement, any controversy or claim arising out of or relating to this Agreement or the interpretation, breach, termination or validity hereof will be resolved through arbitration in accordance with the American Arbitration Association. The language to be used in the arbitral proceedings will be English and arbitration will take place in San Francisco, California.
ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY, INCLUDING, BUT NOT LIMITED TO, OTHER USERS, IN CONNECTION WITH YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY SMART CONTRACT OR ANY DISPUTE WITH AN ISSUER OF TOKENS OR DISPUTE RELATED TO THE PURCHASE OF TOKENS IS DIRECTLY BETWEEN YOU AND SUCH THIRD-PARTY. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE HYYPE FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Changes to this Agreement
We reserve the right to change this Agreement at any time upon notice. We may give notice by posting the updated Agreement on the Platform or by any other reasonable means. You can review the most current version of this Agreement at any time. This Agreement in effect at the time of your use of the Platform apply. Updated versions of the Agreement are binding on you with respect to your use of the Platform on or after the date indicated in the updated Agreement. If you do not agree to the updated Agreement, you must stop using the Platform. Your continued use of the Platform after the date of the updated Agreement will constitute your acceptance of the updated Agreement.
Waiver and Severability
No waiver of by HYYPE of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HYYPE to assert a right or provision under these Terms will not constitute a waiver of such right or provision.If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
This Agreement will inure to the benefit of our successors and assigns. You may not assign this Agreement or any of the rights or licenses granted hereunder without the prior express written consent of HYYPE. HYYPE may assign this Agreement, including all its rights hereunder, without restriction.
The respective indemnities, representations, warranties and agreements of the parties hereto or made by or on behalf of the parties hereto pursuant to this Agreement will survive the termination of this Agreement indefinitely and will remain in full force and effect and all defined terms used therein will survive the termination of this Agreement indefinitely.
If you would like to contact us for any reason, please reach us here: [email protected]