TERMS & CONDITIONS
© 2022 – Joe Ravioli (aka ULTRA RARE) / The CHEESIEST imPASTA / The Meatball Gang – ALL RIGHTSRESERVED – i-Create LLC.
Joe Ravioli / The CHEESIEST imPASTA / The Meatball Gang is a decentralized collection of digital artworks (NFTs)running on the Ethereum network.
The NFT Collection IP.
Other than the rights to the Art, nothing herein gives you any rights to any other trademarks or other intellectual property rights belonging to i-Create LLC including, without limitation, to Joe Ravioli / The CHEESIEST imPASTA / The Meatball Gang and the associated logos. All of these rights are expressly reserved in the names of i-Create LLC.
This website is only an interface allowing participants to mint from the digital collection. Users are entirely responsible for the safety and management of their own private Ethereum Mainnet wallets and validating all transactions and contracts generated by this website before approval. Furthermore, as the The NFT Collection smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.
By using this website you are accepting sole responsibility for any and all transactions involving (NFT Collection) digital NFT collectibles.
PLEASE READ THESE TERMS CAREFULLYBEFORE MAKING A PURCHASE OF AN NFT AND/ORUSING THE APP. THESE TERMS GOVERN YOUR PURCHASE of NFT AND USE OF THE APPLICATION, UNLESS THE COMPANY HASEXECUTED A SEPARATE WRITTEN AGREEMENTWITH YOU FOR THAT PURPOSE. THE COMPANY IS ONLY WILLING TO MAKE THE NFT AND THE APP AVAILABLE TO YOU IF YOU ACCEPTALL OF THESE TERMS. BY USING THEAPPLICATION, OR ANY PART OF THEM, OR BY CLICKING“I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN ANADJOINING BOX, YOU ARE CONFIRMINGTHAT YOU FULLY UNDERSTAND AND AGREE TO BE BOUNDBY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPTTHESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU”WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE
SUCH AUTHORITY, OR IF YOU DO NOTACCEPT ALL OF THESE TERMS, THEN WE AREUNWILLING TO MAKE THE APP, THE SMART CONTRACTS, OR THE SITE AVAILABLE TO YOU. IF YOU DO NOT AGREE TOTHESE TERMS, YOU MAY NOT ACCESS ORUSE THE APP, THE SMART CONTRACTS, OR THE SITE.
Feedback. You may choose to submit comments, bug reports, ideas or other feedback about the Site, including without limitation about how to improve the Site (collectively, “Feedback”).By submitting any Feedback, you agree that we are free to use such Feedback in any way we choose without additional compensation to you and you hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license to incorporate and use the Feedback for any purpose.
i. The Collector shares rights to its NON Ultra Rare NFT’s. Each The CHEESIEST imPASTA / The Meatball Gang Character is an NFT on the Ethereum blockchain. When you purchase an NFT, you share the underlying The CHEESIEST imPASTA / The Meatball Gang character, the Art, with a beneficial number of use-cases. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point may we seize, freeze, or otherwise modify the ownership of any Joe Ravioli / The CHEESIEST imPASTA/ The Meatball Gang Character.
ii. Personal Use. Subject to your continued compliance with these Terms, i-Create LLC grants you a worldwide license to use, copy, and display the purchased Art of Joe Ravioli Ultra Rare 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 Joe Ravioli Ultra Rare, provided that the marketplace cryptographically verifies each Joe Ravioli Ultra Rare character owner’s rights to display the Art for their Joe Ravioli Ultra Rare character 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 Joe Ravioli Ultra Rare character, provided that the website/application cryptographically verifies each Joe Ravioli Ultra Rare character owner’s rights to display the Art for their Joe Ravioli Ultra Rare character 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 Joe Ravioli Ultra Rare character leaves the website/application.
iii. Commercial Use. Subject to your continued compliance with these Terms, The Company grants you an unlimited, worldwide, exclusive, license to use, copy, and display the purchased Art of The CHEESIEST imPASTA / The Meatball Gang Generative Collections 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 (NFT Collection character generally, provided that the marketplace cryptographically verifies each The CHEESIEST imPASTA / The Meatball Gang Collection character owner’s rights to display the Art for their The CHEESIEST imPASTA / The Meatball Gang Collection character 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 The CHEESIEST imPASTA / The Meatball Gang character generally, provided that the third party website or application cryptographically verifies each The CHEESIEST imPASTA / The Meatball Gang character owner’s rights to display the Art for their The CHEESIEST imPASTA / The Meatball Gang character 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 The CHEESIEST imPASTA / The Meatball Gang character leaves the website/application; or (iii) earning revenue from any of the foregoing. Subject of unlimited license is also granted to i-Create LLC and The CHEESIEST imPASTA / The Meatball Gang Collection project for the copy, display, dissemination, development of online and offline games and official merchandise, for the time period of the campaign and thereafter applicable for any physical and digital products.
2. Your Obligations
You are solely responsible for your own conduct while accessing or using the Site, and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person; (iv) upload, post, transmit or otherwise make available through the Site any content that infringes the intellectual property or proprietary rights of any party or otherwise violates the legal rights of others; (v) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vi) interfere with other users' use of the Site; (vii) use the Site for any unauthorized commercial purpose; (viii) modify, adapt, translate, or reverse engineer any portion of the Site; (ix) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or any part of it; (x) use any technology to collect information about the Site’s for any unauthorized purpose; (xi) access or use the Site for the purpose of creating a product or service that is competitive with any of our products or services. If you engage in any of the activities prohibited by this Section, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account.
3. Fees and Payment
A. If you elect to purchase a Joe Ravioli Ultra Rare / The CHEESIEST imPASTA / The Meatball Gang through the Site, any financial transactions that you engage in will be conducted solely through the Ethereum 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 Ethereum network.
B. Ethereum requires the payment of a transaction fee (a “Gas Fee”)for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction.
A. YOU EXPRESSLY UNDERSTAND AND AGREETHAT YOUR ACCESS TO AND USE OF THESITE IS AT YOUR SOLE RISK, AND THAT THE SITE IS PROVIDED "AS IS" AND “AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS ORIMPLIED. TO THE FULLEST EXTENTPERMISSIBLE 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 EXTERNALWEBSITES), INCLUDING THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OURSUBSIDIARIES, AFFILIATES, ANDLICENSORS 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 BEUNINTERRUPTED, TIMELY, SECURE OR FREEFROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE WILL BE ACCURATE, (III) THE SITE OR ANY CONTENT,SERVICES, OR FEATURES MADE AVAILABLEON 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. SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIEDWARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. YOU ACCEPT THE INHERENT SECURITYRISKS OF PROVIDING INFORMATION AND DEALINGONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITYUNLESS IT IS DUE TO OUR WILL- FULLMISCONDUCT.
C. WE WILL NOT BE RESPONSIBLE ORLIABLE TO YOU FOR ANY LOSSES YOU INCURAS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK NOR DO WE HAVE NO CONTROL OVER AND MAKE NOGUARANTEES REGARDING ANY SMART CONTRACTS.
5. Limitation of Liability
A. YOU UNDERSTAND AND AGREE THAT WEWILL NOT BE LIABLE TO YOU OR TO ANYTHIRD 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 OFPROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLELOSS, EVEN IF WE HAVE BEEN ADVISEDOF THE POSSIBILITY OF SUCH DAMAGES.
B. YOU AGREE THAT OUR TOTAL, AGGREGATELIABILITY TO YOU FOR ANY AND ALL CLAIMSARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS ORUSE) ANY PORTION OF THE SITE, WHETHER IN CONTRACT, TORT, STRICTLIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID USUNDER THESE TERMS IN THE 12 MONTHPERIOD PRECEDING THE DATE THE CLAIM AROSE, OR(B) $500.
C. YOU ACKNOWLEDGE AND AGREE THAT WEHAVE MADE THE SITE AVAILABLE TO YOUAND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITYSET FORTH HEREIN. WE WOULD NOT BEABLE TO PROVIDE THE SITE TO YOU WITHOUT THESE LIMITATIONS.
6. Risk Assumption
You accept and acknowledge each of the following:
A. To the extent that you sell your Joe Ravioli Ultra Rare / The CHEESIEST imPASTA / The Meatball Gang 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 Joe Ravioli Ultra Rare / The CHEESIEST imPASTA / The Meatball Gang character both positively and negatively. Given the volatility, NFTs such as Joe Ravioli Ultra Rare /The CHEESIEST imPASTA / The Meatball Gang character should not be considered an investment. You assume all risks in that connection.
B. Ownership of a Joe Ravioli Ultra Rare / The CHEESIEST imPASTA / The Meatball Gang Collection character 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 and decentralized nature of the project, Joe Ravioli Ultra Rare / The CHEESIEST imPASTA / The Meatball Gang character 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 Joe Ravioli Ultra Rare / The CHEESIEST imPASTA / The Meatball Gang character 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 Joe Ravioli Ultra Rare / The CHEESIEST imPASTA / The Meatball Gang character. You understand and accept all risk in that regard.
E. You assume all responsibility for any adverse effects of disruptions or other issues impacting Ethereum or the Ethereum platform.
You agree to hold harmless and indemnify i-Create LLC 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.
8. Changes to the Terms and Conditions
We may make changes to the Terms a tour 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.
Our Site is not intended for children. You must be at least 18 years old to access this Site or purchase a Joe Ravioli Ultra Rare / The CHEESIEST imPASTA / The Meatball Gang character. If you are under 18 years old you are not permitted to use this Site for any reason. By accessing the Site, you represent and warrant that you are at least 18 years of age.
10. Dispute Resolution; Arbitration
All disputes arising out of or in connection with these Terms, including without limitation your access or use of the Site, or to any products sold or distributed through the Site, will be referred to and finally resolved by arbitration under the rules of the United States Arbitration and Mediation (USA&M). The case will be adjudicated by a single arbitrator and will be administered by the United States Court Arbitration Association in accordance with its applicable rules. Each party will cover its own fees and costs associated with the arbitration proceedings. The place of arbitration will be Middletown, NJ, USA. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Not withstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent s.
WITH RESPECT TO ANY DISPUTE ARISINGOUT OF OR RELATED TO THESE TERMS, INCLUDINGWITHOUT LIMITATION DISPUTES RELATED TO THE SITE OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THESITE, OR THE SMART CONTRACTS: (I) YOUHEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TOPARTICIPATE AS A MEMBER OF A CLASS OFCLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITEDTO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
The intellectual Property of each artwork belongs solely to its creator, (i-Create LLC), and must not be replicated, shared or commercialized by any legal person or entity, except through written and signed agreement by i-Create LLC. The project marketing and communication rights belong and are protected by Ethereum Visions OÜ, a company licensed in Estonia, and therefore all legal rights are protected by this company.
Joe Ravioli Ultra Rare / The CHEESIEST imPASTA / The Meatball Gang is a decentralized collection of digital artworks (NFTs) protected by i-Create LLC. Any attempt to replicate the images or provide misinformation regarding the project’s background will have legal implications. Joe Ravioli Ultra Rare / The CHEESIEST imPASTA / The Meatball Gang is a collection of 20,064digital artworks (NFTs) running on the Ethereum network. This website is only an interface allowing participants to purchase digital collectibles. Users are entirely responsible for the safety and management of their own private Ethereum wallets and validating all transactions and contracts generated by this website before approval. Furthermore as the Joe Ravioli Ultra Rare / The CHEESIEST imPASTA / The Meatball Gang smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions. This website and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving Joe Ravioli Ultra Rare / The CHEESIEST imPASTA /The Meatball Gang character digital collectibles.