Terms & Conditions

Klapes is a Klaytn blockchain-based generative project consisting of 5,000 unique digital artworks (NFTs) displaying randomized traits hosted on an InterPlanetary File System (“IPFS”).

The Klapes website is only an interface allowing participants to purchase digital collectibles. Users are entirely responsible for the safety and management of their own private Klaytn wallets and validating all transactions and contracts generated by this website before approval. Furthermore, as the Klapes smart contract runs on the Klaytn network, there is no ability to undo, reverse, or restore any transactions.

These terms of service (“TOS”) are intended to provide clear, transparent guidelines for responsible ownership and use of Klapes.

OWNERSHIP

Klapes is fully owned by the Creative Team. Other than the Art, nothing herein gives you any rights to any other trademarks or intellectual property rights belonging to the Klapes Creative Team. All rights that are not specifically granted to the users, holders and owners of Klapes NFTs (“Holders”) are reserved by the Creative Team, including but not limited to the intellectual property and merchandising rights surrounding the Klapes name, which includes logos, trademarks, creative branding, the smart contract code, art and generative traits, design collateral, game development, and any representation of project funds or the community wallet. The above list is not exhaustive and will also encompass any other de facto rights of creative ownership.

Subject to your continued compliance with these Terms, Klapes Creative Team grants you a worldwide, royalty-free license 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 Klapes NFT, provided that the marketplace cryptographically verifies each Klapes NFT owner’s rights to display the Art for their Klapes 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 Klapes provided that the website/application cryptographically verifies each Klapes owner’s rights to display the Art for their Klapes ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Klapes leaves the website/application.

The Holder agrees not to use, utilize, portray, advertise, distribute or otherwise market any Klapes NFT in any project or derivative work that involves hate speech, racism, pornography, or any other illegal or unlawful content. Upon sale or transfer of the NFT, any ownership or commercial rights are immediately transferred to the new Holder. No refunds shall be issued to any Holder upon a full and complete lawful purchase of any Klapes NFT. In the event that any Holder purchases a Klapes NFT through the secondary market, Holder shall be held accountable and will be bound by the Terms of Service which govern said secondary market platform.

Subject to your continued compliance with these Terms, the Klapes Creative Team grants you an unlimited, worldwide 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.

ART AND CREATIVE DESIGN

All art and creative design are exclusively owned by the Klapes Creative Team, with the exception of Klapes artwork corresponding to individual NFTs which are owned by the Holder. Klapes may bear elements of transformative fanart or caricatures which are rendered in good faith to add humor and satire to the project. Any Holder of a Klapes NFT bearing these elements has an individual responsibility to determine the appropriateness of subsequent usage.

TERMINATION

License applies only to the extent that the Holder continues to own the applicable purchased Klapes NFT. If at any time the Holder sells, trades, donates, gives away, transfers, or otherwise disposes of the purchased NFT (and related art) for any reason, the License shall immediately expire without the requirement of notice and be transferred along with the purchased NFT to its new owner.

The Holder acknowledges that, by disposing of the art for its purchased NFT, it no longer qualifies as the owner of the art and thus no longer benefits from the rights granted by this License. Any use of the Klapes NFT including art after its disposal shall be considered as an infringing act.

CLASS ACTION WAIVER, JURISDICTION AND CHOICE OF LAW

You agree to waive any class action status, and any legal dispute around the Klapes project which you may choose to bring can only be done on an individual basis.

LIMITATIONS OF LIABILITY FOR GAS, FAILED TRANSACTIONS, SMART CONTRACT BUGS

Participants in minting Klapes NFTs agree to hold the project Creative Team harmless for any losses incurred as a consequence of minting an NFT. These potential losses include any gas fees for failed transactions, any excessive gas fees charged due to website or smart contract bugs, and any loss of any NFT due to website or smart contract bugs.

FEES AND PAYMENT

If you elect to purchase a Klapes NFT 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.

Klaytn requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Klaytn network. The Gas Fee funds the network of computers that run the decentralized Klaytn network. This means that you will need to pay a Gas Fee for each transaction.

NO GUARANTEES OF VALUE

Klapes NFTs were created purely as collectibles, not as investment vehicles or substitutes for cryptocurrency. We make absolutely no promise or guarantee that these NFTs will subsequently retain monetary value in fiat, cash or cryptocurrency.

RISK ASSUMPTION

You accept and acknowledge each of the following:

A. To the extent that you sell your Klapes 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 Klapes NFT both positively and negatively. Given the volatility, NFTs such as Klapes should not be considered an investment. You assume all risks in that connection.

B. Ownership of a Klapes confers 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. 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, Klapes 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 Klapes 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, 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 Klapes. 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 or the Klaytn platform.

IDEMNIFICATION

You agree to hold harmless and indemnify Klapes 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.

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.

CHILDREN

The Klapes project is not targeted towards children. You agree that you are over the age of 18. By accessing the Site, you represent and warrant that you are at least 18 years of age.

DISCLAIMERS

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.

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.

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

PRIVACY POLICY

Klapes will not collect any cookies, IP addresses, or user data in connection with your use of the website and app, with the exception of cookies related to browsing behavior for the Google analytics SEO which helps us enhance your experience with our site and relay visitor traffic statistics to the Google search engine. All project participants understand that the Klaytn blockchain network is a public blockchain, and all transaction history initiated through the website will be made public. Klapes has no influence on secondary marketplaces, which have independent terms of service agreed to by you, should you choose to utilize these sites. You also understand that Klapes may work with third-party apps, such as Discord, which collect and store user data. Should Klapes be required to collect or store data for future activities such as merchandise launches or transfer of any benefits such as airdrops, you will be required to agree to the collection of this data. This provision may be subject to change, when deemed fit by the Klapes Creative Team upon due notification to the end user.