2017 Creeps & Weirdos Terms and Conditions

1. THE APP

(a) To use the App, you will need to have a web browser and an Ethereum wallet that is compatible with the Non-Fungible Token (NFT) standard on the Ethereum network. (b) All transactions regarding the C&W are managed and confirmed via the Ethereum blockchain. You understand that your Ethereum public address may be made publicly visible whenever you engage in a transaction. (c )We do not own nor control your web browser, your Ethereum wallet, the Ethereum network, or any other third-party site, product, or service that you might access, visit or use for the purpose of enabling you to perform a transaction with your Creeps & Weirdos. We are not 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. (d) You may be able to create an account on the App. If so, you agree to provide true, accurate, and complete information about yourself. If you become aware of any unauthorized use of your account, contact us immediately. (e) The App may show certain pricing data that has been loaded and collected from the Ethereum blockchain. We are not liable for any incorrect information or typographical errors of any kind, including any incorrect information that is due to a coding error, blockchain code errors, or data outage. It is your duty and obligation to confirm any and all pricing data on your own and base any decisions you make on your own information and data. The decisions to purchase, sell, or transfer are made at your sole discretion without reliance on any information provided on the App.

2. THE CREEPS & WEIRDOS

(a) Number of C&W. There will be a total of 16,600 Creeps & Weirdos 2017 Edition initially minted.

3. The Swap

Owners of the 2019 ERC 721 Weirdos can swap them for ERC20 Creeps. DADA will reserve a specific 2017 ERC20 Creep for each eligible ERC721 Weirdo.
Eligible collectors will be able to call a ‘swapToken’ function after approving the contract. This function will transfer the collector’s ERC721 Weirdo and they will receive the 2017 ERC20 Creep in return in the same transaction.

4. Fees and Payment

A. If you elect to purchase, trade, or sell DADA artworks on the App, or with or from other users via the App, any financial transactions that you engage in will be conducted solely through the Ethereum network via MetaMask. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, 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 in via the App or using the Smart Contracts, or any other transactions that you conduct via the Ethereum network or MetaMask.

5. Ownership; Restrictions

A. Definitions. (i) “Art” means any art, design, and drawings that may be associated with a C&W that you Own. (ii) “Own” means, with respect to a C&W, a C&W that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant Ethereum blockchain. (iii) “Purchased C&W” means a C&W that you Own. (iv) “Third Party IP” means any third-party patent rights, copyrights, trade secrets, trademarks, know-how, or any other intellectual property rights recognized in any country or jurisdiction in the world.

You are free to:

  • Share — copy and redistribute the material in any medium or format
  • Adapt — remix, transform, and build upon the material
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
  • NonCommercial — You may not use the material for commercial purposes.
  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.

6. Termination

You may terminate these Terms at any time by canceling your account on the App and discontinuing your access to and use of the App. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms. You agree that We, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the App. You agree that any suspension or termination of your access to the App may be without prior notice and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the App due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the App or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Sections 2C and 3 through 16 will survive the termination or expiration of these Terms for any reason.

7. Disclaimers

A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE APP 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, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP 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 APP WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE APP WILL BE ACCURATE, (III) THE APP OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE APP 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.

8. Limitation of Liability

In no event will DADA, its sponsors, affiliates, officers, representatives, successors and assigns, be liable to any party (i) for any indirect, special, punitive, incidental, or consequential damages or any other damages arising in any way out of the availability, use, reliance on, or inability to use the App, even if DADA or its agents shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the App. Notwithstanding anything to the contrary herein, to the fullest extent allowed by law, you agree to waive and discharge all claims, release DADA from all liability and indemnify and hold harmless DADA, its subsidiaries, affiliates, parent company, officers, agents, and other partners and representatives, from any and all liability on account of, or in any way resulting from injuries and damages in any way connected with any events or activities. You agree and understand and intend that this assumption of risk and release is binding upon you and your heirs, executors, agents, administrators, and assigns, and includes any minors accompanying the user.

9. Assumption of Risk

You accept and acknowledge each of the following:

10. Indemnification

You agree to hold harmless and indemnify DADA and its subsidiaries, affiliates, officers, agents, representatives, 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 attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the App, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the App. You agree that DADA will have control of the defense or settlement of any such claims.

11. External Sites

The App may include hyperlinks to other websites or resources (collectively, “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites and that we do not endorse any advertising, products, or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy, or existence of any advertising, products or other materials on, or made available from, any External Sites.

12. Changes to the Terms

We may make changes to the Terms from time to time. When we make changes, we will make the updated Terms available in the App and update the “Last Updated” date at the beginning of these Terms accordingly. 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 of the App 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 App.

13. Children

You affirm that you are over the age of 18, as the App is not intended for children under 18. IF YOU ARE 18 OR OLDER, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE APP, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

14. Privacy Policy

Our Privacy Policy describes the ways we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy. We will never ask you to share your private keys or wallet seed. Never trust anyone or any site that asks you to enter your private keys or wallet seed.

15. Dispute Resolution; Arbitration

Please read this Section 14 carefully. It requires you to arbitrate disputes with DADA and limits the manner in which you can seek relief from us.

16. Applicable laws/Jurisdiction

You agree to comply with all local rules and laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or any other country in which you reside.

17. General

These Terms constitute the entire legal agreement between you and DADA, govern your access to and use of the App, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the App, whether oral or written. There are no third-party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates any agency, partnership, or joint venture. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale, or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision. These Terms will be governed by and construed in accordance with the laws of the State of New York and the federal laws of the United States of America applicable therein, excluding its conflicts of law rules and principles. Subject to Section 15, any legal action or proceeding arising under these Terms will be brought exclusively in the federal or local courts located in New York, NY, and the parties irrevocably consent to the personal jurisdiction and venue there.

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A collaborative art platform where people worldwide speak through drawings. Building a blockchain token economy for the arts. https://dada.art

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DADA.art

DADA.art

A collaborative art platform where people worldwide speak through drawings. Building a blockchain token economy for the arts. https://dada.art