TERMS AND CONDITIONS FOR YOURSOULNFT.COM
The Effective Date of these Terms and Conditions is June 30, 2021
1. TERMS OF AGREEMENT. These terms and conditions form a legally binding agreement (the “Agreement”) between You and Angry Pufferfish Productions, a New York partnership company d/b/a your soul NFT (the “Company”). YOUR USE OF THE WEBSITE AND ITS SERVICES CONSTITUTES ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.
3. ACCURACY OF INFORMATION. Although we try to provide you the most accurate information on our website, despite our efforts, some of the information may not be completely up to date or accurate. As such, all information contained in the Site and its products and services are for informational purposes only. The Company and Site shall not be held responsible or liable for the accuracy or usefulness of any information transmitted, omitted, or erroneously made on the Site or in any of the Company’s products or services. In the event Company mistakenly lists the wrong price for a product, Company reserves the right to cancel and refund any orders purchased at the incorrect price.
4. THIRD PARTY LINKS. The Site may provide a link to a website operated by a third party for your convenience. If you choose to access these sites, you choose to do so at your own risk. A link on the Site to a third party website does not mean that the Company endorses, approves, or otherwise accepts any responsibility or is liable for any kind of damage resulting from the use or content of the third party website. The Company has no control over the linked sites, which also have their own separate terms, conditions, and privacy policies. It is up to the User to take precautions to ensure that whatever the User selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will the company be liable to any party for any direct, indirect, special or other consequential damages for any use of this website, or on any other hyper linked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on the user’s information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
5. LIMITATION OF LIABILITY. You agree to indemnify defend and hold the Company, its parent company, successors, assignees, subsidiaries, affiliates, partners, sponsors, advertisers, content or service providers, contractors or any of their respective directors, officers, employees, agents, representatives, attorneys (collectively the “Protected Entities) , harmless from and against any loss, liability, claim, or demand, including attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of (a) your breach of any representations or warranties made by you hereunder or your breach of any term of this Agreement; (b) your use of the Services or the Site in violation of this Agreement; (c) your use of the Site or services in violation of any law; or (d) or your violation of any law or the rights of a third party. The Company reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.
You hereby covenant and agree not to sue, institute assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, administrative action or proceeding against the Company for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Site or the services.
6. INTELLECTUAL PROPERTY.
(a) Unless otherwise noted, the Company owns all rights to the contents of the Site and its services. These include, but are not limited to any copyrights, trademarks, or other intellectual property with respect to content on the Site. All rights to the Site content and services are reserved by Company. Modifications made to the Site by a third party will be seen as a violation of the Company’s copyright.
(b) Company reserves the right to charge a copyright creator’s royalty fee up to 10% on our token products. This royalty charge will only affect future transactions for the sale of the product purchased. The Site will provide information under the “Instructions” page if a copyright creator’s royalty fee will be charged.
(c) If a Token Product was purchased and you chose a copyright royalty on future transactions on that Token, your share of any copyright royalties received will be transferred to the wallet the Token Product was transferred to within thirty days of the end of that fiscal quarter. Any copyright royalties that would have been paid to you or Company but was not delivered to Company will not be the responsibility of the Company or Site.
7. PURCHASE POLICY. Due to the nature of how each product is individually customized, all orders as a matter of policy are generally non-refundable. An order is not deemed to be completely submitted until the payment has been received.
(a) Payment Policy. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Company. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
(b) Order Cancellation. Orders may be cancelled within twelve (12) hours of placing an order. To cancel an order, please contact us from our Contact Us page or send us an e-mail at collect@yoursoulNFT.com within 12 hours of placing your order. If you miss the twelve (12) hour window but would still like to cancel, let us know and if your order hasn’t been processed yet, we may still be able to do so. Orders successfully cancelled will be refunded the amount of the order minus any service or transaction fees charged by financial institutions, payment processors or other third parties.
(c) Order Completion. When the Company deems an Order complete, no additional work on the order, including refunds for any reason, will be done on the order.
(d) Non-Token Product Order Completion. Orders will be deemed complete by Company for Non-Token Products when the finalized product is e-mailed to the e-mail provided by you when you placed your order. In the event you fail to respond to the request for signature within thirty (30) days after the order was made, your Order will be deemed completed.
(e) Token Product Order Completion. Orders will be deemed complete by Company for Token Products when the Token Product is transferred out to your wallet. If you are unable to receive the product in your wallet for whatever reason, the token will be held by Company in a digital wallet under Company’s control. You will have sixty (60) days from the date of your order purchase to ask the Company to transfer the product again to you. After the sixty (60) days, you will be deemed to have forfeited the Token Product and all rights associated to it to the Company. In the event you do not respond to our request for signature in thirty (30) days after the order was made, your Order will be deemed completed.
(f) Product Usage Disclaimer. The Company does not condone the use of any of our products or services in connection with any activities, events, occupation, tasks, or otherwise that may directly, or indirectly, whether by negligent act or omission, (i) harm any creature in any way or (ii) violate any law, statute, regulation, ordinance by any government or government agency at the federal, state, or local level.
(g) Wallet. As we do not own our own blockchain or wallet, we must provide our service using another chain and wallet. Unless otherwise indicated on the Site, we will let you know what wallet is required on the Site’s "Instructions" page. If you would like to designate a wallet or chain for your please let us know on our Contact Us page. You will be responsible for any and all additional transaction fees, service charges, and gas fees.
(h) Single Soul Transfer. You agree that if you have already agreed to transfer your soul, either orally, with the Site, or through any other means, at any past, present or future time, you are not allowed to purchase any of our soul transfer products without first purchasing a termination product. Any orders made in violation of this paragraph will be cancelled without a refund.
(i) Refusal of Service. The Company reserves the right to reject any order for any reason. In the event the Company unilaterally decides to reject an order, a full refund will be issued.
(j) Termination of Blockchain. In the event the blockchain on which your product is based ceases to exist, the Company will take no responsibility if your product is lost.
8. PRODUCT DISCLAIMER. THE COMPANY MAKES NO CLAIMS, GUARANTIES, OR WARRANTIES AS TO THE LEGAL EFFECT OF ANY OF THE COMPANY’S SERVICES OR PRODUCTS. THE COMPANY’S PRODUCTS ARE MEANT TO BE PURCHASED AS GAG OR NOVELTY GIFTS, AND ARE NOT MEANT TO HAVE ANY LEGAL FORCE OR EFFECT. THE COMPANY DOES NOT CLAIM TO PROVIDE LEGAL SERVICES OR PRODUCTS THAT CAN BE ENFORCEABLE UNDER ANY LEGAL JURISDICTION OF ANY TERRITORIES KNOWN TO COMPANY. You are greatly discouraged from using any of our Company’s products as a legal document, and we highly recommend you hire an attorney licensed to practice in your jurisdiction if you choose to do so.
(a) Indemnity. You agree to indemnify and hold harmless Company from any and all claims, liabilities, and lawsuits (including outside attorney fees) brought upon by any third party that may arise as a result of your use of the Site or the Company’s services and products in any way.
(b) User Acknowledgment. You understand and accept that our products do not legally transfer any rights, and are not to be treated like a legal agreement or an agreement for any religious, spiritual, occult, or supernatural related activity. By purchasing our product, you acknowledge and understand that this product is not to be used as a legal document, and does not transfer any rights to property, nor create any responsibilities, liabilities, restrictions, or encumbrances to another individual or third party.
(c)Warranty. As each product is distinctly customized per order, the Company makes no claims or warranties as to the final appearances of each product.
This Agreement sets forth the entire agreement between you and the Company pertaining to your use of the Site and services with the exception to any separate digital distribution agreement between you and the Company.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the new effective date. Your continued use of our services or the Site after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, do not use our services or the Site. It is your responsibility to regularly review this Agreement. Your continued use of the services following the effective date will constitute your binding acceptance of and agreement to be bound by the changes specified therein.
If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect.
We control and operate the Site and Services from our offices in the United States of America. We do not represent that materials on the Site and Services are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You shall not use the Site, or services in any manner contrary to local, state, federal or international law and any regulations having the force of law. Company expressly disclaims any and responsibility or liability for any action by that is contrary to such law(s) or regulations by you and reserves the right to terminate services immediately upon notice of your failure to comply with any such law(s) or regulations.
All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of New York, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in New York City, New York before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law New York. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.
No failure or delay in enforcing any provision, exercising any option or requiring any performance shall be construed to be a waiver of that or any other right in connection with this Agreement.
This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you, but it may be assigned by the Company without restriction.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
BY USING THIS SITE AND ITS SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.