The ENCRYPTAS terms of use relate to the acquisition of an NFT token or ArtWork created by the CypherCHK Dimension. Please see IP & Commercial Use for additional information.
(NFT ArtWork) is an ENCRYPTAS/101Babes nonfungible token (ENCRYPTAS or 101Babes NFT) as a provably rare ERC-721 standard stored on the Ethereum blockchain and distributed by the CypherCHK Dimension via NFT platforms including but not limited to the official CypherCHK website, Opensea, LooksRare, Rarible etc.
The term (Term) of this Agreement begins on the Effective Date and continues into perpetuity unless terminated by the CypherCHK Dimension as provided below in this Agreement. All of the rights and obligations that customarily extend beyond the Term (warranties, representations, compensation, indemnity obligations, etc.) shall continue in perpetuity notwithstanding any termination or expiration of this Agreement.
(Platform), the hub which the NFT artwork is being purchased by the purchaser (Purchaser), the individual purchasing the NFT.
(Purchaser), refers to an individual or entity that buys NFT artworks on various blockchain platforms.
These sets of Terms of Use relate to the terms of use of the Purchaser and the CypherCHK Dimension.
A. In the event the Purchaser disposes of, sells, transfers, or conveys the ENCRYPTAS or 101Babes NFT to any other person or entity, Purchaser shall no longer possess any of the ENCRYPTAS or 101Babes NFT Rights and all such rights shall expire.
B. Sales and Transfers. Purchaser shall have the right to sell, transfer, or otherwise dispose of the ENCRYPTAS or 101Babes NFT to a third party purchaser so long as the Purchaser’s rights to the ENCRYPTAS or 101Babes NFT are cryptographically verified at the time of the sale to confirm Purchaser’s status as the then current title owner of the ENCRYPTAS or 101Babes NFT. Purchaser shall not misrepresent or make false representations to any third parties or the public at large as to Purchaser’s status as a title owner of the ENCRYPTAS or 101Babes NFT if at any point Purchaser cannot be cryptographically verified as the same.
C. Intellectual Property Restrictions. Purchaser shall not and shall not attempt apply for, obtain, or perfect any intellectual property rights nor registrations of any kind or nature in connection with the ENCRYPTAS or 101Babes NFT nor any element of the ENCRYPTAS or 101Babes NFT, including but not limited to trademarks, copyrights, patents, or other intellectual property registrations, nor in connection with derivative works incorporating any element of the ENCRYPTAS or 101Babes NFT.
D. Third Party IP. To the extent that any ENCRYPTAS or 101Babes NFT incorporates or embodies intellectual property belonging to a celebrity, athlete, or other public figure (“Third Party IP”) Purchaser understands and acknowledges that Purchaser will not have the rights to use any such Third Party IP except in connection with the license term specifically stated above.
E. Reservation of Additional Restrictions. The CypherCHK Dimension reserves the right to make revisions, amendments, alterations, and add restrictions to the license terms stated herein at any time upon its sole and absolute discretion.
F. Right to Terminate. THE CYPHERCHK DIMENSION SHALL HAVE THE RIGHT TO TERMINATE THIS AGREEMENT AND THE LICENSE AND ALL RIGHTS AND GRANTS AUTHORIZED TO PURCHASER IN THIS AGREEMENT TO PURCHASER.
Force Majeure. The CypherCHK Dimensions obligations and performance herein may be suspended, delayed, cancelled, hampered, impeded, or otherwise impaired due to any force majeure event, including but not limited to fire, earthquake, labor dispute or strike, pandemic, governmental restrictions or controls relating to pandemic circumstances, act of God or public enemy, any municipal ordinance, any state or federal law, governmental order or regulation, or other cause beyond the CypherCHK Dimension's control, death, illness or incapability of any principal member thereof, and under such circumstances, the CypherCHK Dimension may postpone, reschedule, terminate, suspend or otherwise take all measures or omissions at the CypherCHK Dimension's discretion.
Purchaser’s Warranties and Representations. A. No Infringing Uses. Purchaser warrants and represents that Purchaser’s use of the ENCRYPTAS or 101Babes NFT shall not violate or infringe upon any trademark, trade name, copyright, patent, or any literary, dramatic, musical, artistic, personal, private, civil, contract or property right, right of privacy or publicity moral right of authorship or any other right of any person, firm or entity or constitute unfair competition or libel, slander or defamation of any person, firm or entity.
B. Company Information. Purchaser acknowledges that no representations or warranties have been made to Purchaser, or to Purchaser’s advisors or representative, by the CypherCHK Dimension or others with respect to the anticipated ENCRYPTAS or 101Babes NFT, collections, or future projects of the CypherCHK Dimension, or the valuation thereof.
C. ENCRYPTAS or 101Babes NFT Valuation. Purchaser acknowledges that the price of the ENCRYPTAS or 101Babes NFT for sale on the Platform was either pursuant to an auction, or set by the CypherCHK Dimension, as applicable, and no warranties are made as to value whether implicilty or explicitly suggested. Purchaser further acknowledges that future offerings of the ENCRYPTAS or 101Babes NFT may be made at lower valuations, and could result that the Purchaser’s ENCRYPTAS or 101Babes NFT will bear a lower valuation. Purchaser acknowledges that no promises, guarantees or warranties are being made by the CypherCHK Dimension to Purchaser that the Purchaser’s ENCRYPTAS or 101Babes NFT will appreciate in value in any way.
D. Independent Investigation. Purchaser agrees in purchasing the ENCRYPTAS or 101Babes NFT, Purchaser is relying on its own independent investigation of the ENCRYPTAS or 101Babes NFT and Purchaser is not relying on any oral or written representations or assurances from the CypherCHK Dimension or any other person or any representation of the CypherCHK Dimension. The Purchaser has such experience in cryptocurrency and ENCRYPTAS or 101Babes NFT acquisition matters that it is capable of evaluating the risk of its purchase of the ENCRYPTAS or 101Babes NFT and in determining the suitability of the purchase of the ENCRYPTAS or 101Babes NFT.
E. Risk. Purchaser understands and acknowledges that purchasing ENCRYPTAS or 101Babes NFT and the use of cryptocurrencies involve a high degree of risk, including depreciation, devaluation, or possible total loss of the amounts paid, theft by unauthorized third parties, system failures, technical software errors, hacking, cyber security breaches, and numerous other risks. Purchaser represents that it is able to bear the economic risk of the purchase price paid for the ENCRYPTAS or 101Babes NFT and acknowledges that Purchaser could face a total loss of the amounts paid for the ENCRYPTAS or 101Babes NFT. In making this statement, the Purchaser hereby represents and warrants that the Purchaser has adequate means of providing for the Purchaser’s current needs and contingencies; the Purchaser is able to afford to hold the ENCRYPTAS or 101Babes NFT for an indefinite period and the Purchaser further represents that the Purchaser has such knowledge and experience in cryptocurrency, business, and ENCRYPTAS or 101Babes NFT matters that the Purchaser is capable of evaluating the merits and risks of the Purchase of ENCRYPTAS or 101Babes NFT. Further, the Purchaser represents that it has no present need for liquidity.
F. Resales; Speculative Nature of Purchase. Purchaser represents and warrants to the CypherCHK Dimension that Purchaser’s acquisition of the ENCRYPTAS or 101Babes NFT is for personal purposes only and not made with the intention of resale. Purchaser acknowledges, agrees and understands that there may be no resale market available for the ENCRYPTAS or 101Babes NFT and no resale market for the ENCRYPTAS or 101Babes NFT could potentially ever exist. Purchaser acknowledges, agrees and understands that the value of the ENCRYPTAS or 101Babes NFT could erode immediately or over time and could potentially be zero.
No Warranties / Limitation of Liability. The ENCRYPTAS or 101 BABES NFTS ARE SOLD TO PURCHASER AS-IS, WHERE-IS, AND WITHOUT WARRANTY OF ANY KIND, specifically including warranties that the ENCRYPTAS or 101Babes NFT will meet the requirements, specifications, or needs requested, or demanded by Purchaser.
Limitation of Damages. CYPHERCHK DIMENSION LIABILITY TO PURCHASER IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE CYPHERCHK DIMENSION BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PROVIDED TO PURCHASER. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.