Terms of Service

BY USING THE SITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE SITE OR SERVICES.

BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THE AGE OF MAJORITY, WHICHEVER IS OLDER, IN YOUR STATE AND/OR COUNTRY OF RESIDENCE. IF YOU ARE NOT, YOU MUST NOT ACCESS OR USE THE SITES.

1. About DEXTER MINT. The DEXTER MINT website mint.dexterlab.com (the “Site”) is originally managed by Dexterlab OU (“us”, “we”). The Site allows You the opportunity to mint and/or purchase certain digital assets - non-fungible tokens (NFTs) (“NFTs") that serve as digital collectibles.

   
   

   These Terms of Service (“Terms”) are a legally binding agreement between You and us and set forth the terms for Your use of the Site (however accessed, whether via web, mobile, or otherwise) and the limited services made available through the Site as described herein (the Site and services, collectively, the “Services”). These Terms may from time to time be supplemented, modified or replaced by new or additional terms and conditions.

   
   

2. Your responsibility. BY USING THE SITE OR SERVICES You accept and acknowledge:

   1. There is no and can be no guarantee or assurance of the uniqueness, originality or quality of any non-fungible token. Without an express legal agreement between the creator and purchaser of a non-fungible token, there cannot be any guarantee or assurance that the purchase or holding of such non-fungible token gives you or anyone else any license to or ownership of the contents thereof, including any intellectual property associated therewith or any other right or entitlement thereto.

   2. The prices of digital assets, including both cryptocurrencies and non-fungible tokens, are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value and volatility of Your non-fungible tokens. We cannot guarantee the value of Your non-fungible tokens. The purchase of non-fungible tokens includes the risk of loss of some or all of the original purchase price, and by purchasing non-fungible tokens on the Sites, you acknowledge and accept such risk.

   3. You are solely responsible for all payments, fees and costs when engaging in any transactions involving the Services, including but not limited to minting, purchasing, trading and “burning” a NFT. You also are solely responsible for payment of all national, federal, state, local or other taxes of any jurisdiction, of whatever nature whether now in effect or imposed in the future by any national federal, state, local, international or any other governmental authority or taxing jurisdiction, including, without limitation, any income, sales, use, value-added (VAT), goods and services and other taxes and duties associated with Your use of the Services and Your purchase of NFTs from any party. You are solely responsible for any tax reporting for transactions in which You may be a buyer or seller of the NFTs. We are not responsible for determining the taxes that apply to non-fungible token transactions.

   4. A lack of use or public interest in the creation and development of distributed ecosystems generally, or non-fungible tokens more specifically, could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of non-fungible tokens.

   5. The regulatory regime governing blockchain technologies, cryptocurrencies, distributed ecosystems, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of crypto assets, including non-fungible tokens. We cannot guarantee that Your use of the Sites or continued use of the Sites will be unaffected by the regulatory regime (or changes in the regulatory regime) that applies in your (or our) jurisdiction.

   6. There are risks associated with purchasing user-generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. We reserve the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on Site. Under no circumstances shall the inability to view your assets on Site serve as grounds for a claim against us.

      
      

      You acknowledge and agree that, except as may otherwise be expressly provided in the smart contract associated with the purchase of a non-fungible token on the Sites, such purchase conveys you no intellectual property rights of any kind in or to the artwork, content or other data or asset to which the non-fungible token links or otherwise directly or indirectly relates.

      
      

3. DISCLAIMER OF WARRANTIES. IF YOU CHOOSE TO USE THE SITES OR SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE SITES AND SERVICES ARE PROVIDED “AS IS” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT: THAT THE SITES OR SERVICES, OR ANY OF THEIR FUNCTIONS, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY PART OF THE SITES OR SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR SERVICES WITH REGARD TO CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE. DUE TO THE NATURE OF THE INTERNET, WE CANNOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITES OR SERVICES. WE MAY RESTRICT THE AVAILABILITY OF THE SITES OR SERVICES OR CERTAIN AREAS OR FEATURES IF NECESSARY, IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF ITS SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ASSIST IN THE PROPER OR IMPROVED FUNCTIONING OF THE SITES OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITES OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SITES OR SERVICES.

   
   

4. Anti-Money Laundering. We expressly prohibit and reject the use of the Site or the Services for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations. By using the Site or the Services, You represent that You are not involved in any such activity.

   
   

5. Indemnification. You shall indemnify, defend (at our request) and hold harmless us, our affiliates and licensors, and our and their respective officers, agents, directors, representatives, contractors, and employees, from and against any and all claims, suits, demands, actions, losses, liabilities, damages, judgements, penalties, fines, expenses and other costs (including reasonable attorneys’ fees) arising from your breach or alleged breach of this Agreement. We will also have the right to provide our own defense additionally or alternatively at our own expense.

   
   

6. Limitation of Liability. In no event will we be liable to You for any special, incidental, exemplary, indirect, punitive, or consequential damages (including loss of profits) with respect to the subject matter of this Agreement, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not You have been advised of the possibility of such loss or damage. To the fullest extent provided by law, in no event will the collective liability of us and our subsidiaries and affiliates, and our licensors, service providers, employees, agents, officers, and directors, to You or any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed €100. In no event will we be liable for

   any inability for You to access the Site for any reason, including as a result of any downtime, failure, obsolescence, removal, termination or other disruption relating to (a) the servers upon which the Site is stored; (b) any third party vendor; or (c) any other platform.

   
   

7. Assignment. We will have the unrestricted right to assign this Agreement and to assign, subcontract, license and sublicense any or all of our rights and obligations hereunder. This Agreement is personal to You and shall not be assigned or transferred by You. Any other attempt by You to assign, sub-license, or transfer Your rights under this Agreement shall be null and void.

   
   

8. Governing Law. Resolution of any dispute. These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia. If, however, the dispute arises between You and us, the parties shall first attempt in good faith to resolve the dispute promptly by negotiation between duly appointed executive officers or other representatives of such parties, with full authority to negotiate and settle the dispute. If a dispute has not been resolved by negotiations within 90 days as provided hereinabove, such dispute shall be submitted to the competent court in Tallin, Republic of Estonia.

   
   

9. Class Action Waiver. No Class Actions Permitted: You hereby agree that any arbitration or other permitted action with respect to any dispute shall be conducted in Your individual capacity only and not as a class action or other representative action, and You expressly waive your right to file a class action or seek relief on a class basis. YOU SHALL BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

If you have any comments, queries or complaints about these Terms or our Services, please contact us at support@dexterlab.com .