Welcome to Mintmade, owned and operated by Tokenville OÜ (“we,” “us”, or “our”). These Terms of Service (“Terms”) govern the usage of the platform for individuals or legal entities (“End User(s)”, “user(s)”, “buyer(s)”, “customer(s)”) and are an agreement between Tokenville OÜ and you.

Mintmade operates as an intermedia between an End User and a specific source media ("media", "source").

By the “platform” we mean all products and services we provide to tokenize, sell and distribute digital content (“NFT”, “NFTs”, “tokens”, “Collectibles”) using public blockchains (collectively, the “Service”). “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.

These Terms also govern visitors’ access to and use of mint.Media.com and mint.ct.com. Please read these Terms carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services.

By accessing or using any part of the Platform, you agree to be bound by all of the Terms and all other operating rules and policies (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Service as stated in the Terms, and the Agreement will apply to any changes.

Who is who

“You” means any individual or entity using our Service: end users, or buyers, who are acting as a collectors or customers purchasing Digital Assets for their personal or any other usage.

If you use our Service on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Service you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

"Media" or "Source" means digital media who signed a separate agreement with Mintmade and has all rights to re-sell their intellectual property as a digital collectible.

Minimum Age Requirements

Our Service is not designed for children. You’re not allowed to access or use our Service if you’re under the age of 18.

Overview

Our Service enables you to buy digital content in a form of derivative works linked to non-fungible tokens on a public blockchain (“Collectibles”).

We are also enabling buyers to purchase these tokens and sell them on a third-party marketplace. We are not liable towards buyers for token’s selling price on a third-party marketplace.

This is done by providing:

• A technical solution that enables Media to populate Collectibles based on the source content;
• A service to mint NFTs according third-party NFT marketplace standards;
• A user interface to interact with blockchain;
• A payment solution to purchase NFTs;
• A non-exclusive right to use Source’s content attached to NFTs in trading and transactional purposes.

The process referred to in these Terms as “minting” shall mean the combinations of actions of Media and End Users in the result of which the original Media Content is linked to non-fungible tokens (NFTs) using the blockchain technology and Mintmade services to create Digital Assets, and the words “to mint”, “minted” and their derivative forms to be interpreted accordingly.

For certainty, our Services provide an administrative and technology function in facilitating the creation and sale of NFTs. Our Service does not store or transfer any assets.

Collectibles that we facilitate can be described in two (2) parts: (i) the unique, non-fungible token that is stored on the supporting blockchain (the «Token»); and (ii) the Content attached to the Token, which is stored on a centralized or decentralized server.

Content Ownership

In transactions involving the purchase and sale of NFT Content, buyers acquire ownership of the Token and a non-exclusive license to use and display the Content in their cryptocurrency wallet, a marketplace, or any future service to display and trade NFTs. The ownership right to the Media’s Content itself is not transferred to the purchaser by default.

Each purchaser and seller of NFT Content must do their own research into what rights are being acquired in any transaction relating to NFT Content. For certainty, Media disclaims any liability with respect to the purchase and sale of NFT Content, including without limitation, with respect to (i) Content and NFT Content itself, including the compliance of Content and NFT Content with applicable laws and regulations (ii) accuracy of any information contained in the Content or NFT Content; (iii) the terms and conditions associated with any such purchase and sale; (ii) performance of purchase and sale agreement by the parties.

Content updates

As Media’s Content used to create NFTs and its metadata may be changed on Media’s website, it enables us to make any changes in the Content, including, but not limited to, changes of visual design, copyright, or description, provided that the general idea of the Content remains the same. Media may update NFT metadata without any notice and this update will affect all NFTs that were issued before and after.

Official status

We intend that any content, marketing campaign, or NFT collection released under the brand of Mintmade has an Official status. NFT collection, all news minted within this service, and all communications in Discord and official social media channels have official status.

If the End User legally obtains any Digital Assets or Collectibles, the Digital Assets may be further disposed of in accordance with the rules of the Platform or stored with the respective Third-party platform and the Media Co shall release and forever waive all rights in such Digital Assets.

Assumption of Risk

You accept and acknowledge

• The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the Crypto Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Crypto Assets will not lose money.
• You are solely responsible for determining what, if any, taxes apply to your Crypto Assets transactions. Neither Mintmade nor any other party is responsible for determining the taxes that apply to Crypto Assets transactions.
• Our Service does not store, send, or receive Crypto Assets. This is because Crypto Assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of Crypto Assets occurs within the supporting blockchain and not on this Service.
• There are 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. You accept and acknowledge that Mintmade will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Crypto Assets, however, caused.
• A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of Crypto Assets.
• The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of Crypto Assets.
• The Service will rely on third-party platforms such as MetaMask or other Wallets to perform the transactions for the Minting of NFTs. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms lose market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
• 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. Mintmade reserves 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 Mintmade. Under no circumstances shall the inability to view your assets on Mintmade serve as grounds for a claim against us.

Hyperlinks

You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Service for noncommercial purposes, provided that such link does not portray the Platform or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.

Third Party Services

The Service may contain links to third-party websites («Third-Party Websites») and applications («Third-Party Applications»). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left our Service and are subject to the Terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of Mintmade. Mintmade is not responsible for the content located on any Third-Party Websites or Third-Party Applications. Mintmade provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave our Service, our Terms and policies no longer govern. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless us, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Mintmade Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, User Information or Crypto Assets, (b) any feedback you provide, © your violation of these Terms, and (d) your violation of the rights of a third party, including another user or a third-party cryptocurrency wallet. You agree to promptly notify us of any third-party Claims and cooperate with the Mintmade Parties in defending such Claims. You further agree that the Mintmade Parties shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND MINTMADE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT, WILL Mintmade BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICE, PRODUCTS OR THIRD PARTY SITES, AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF Mintmade HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF Mintmade ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, CRYPTO ASSETS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY Mintmade FROM THE SALE OF SERVICES THAT ARE THE SUBJECT OF THE CLAIM.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF Mintmade FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF Mintmade’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF Mintmade’S FRAUD OR FRAUDULENT MISREPRESENTATION

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

Governing Law and Jurisdiction

This Terms and any contractual or non-contractual obligation, dispute, controversy or claim arising out of or in connection with this Terms, including any question regarding its existence, validity or termination, or the breach thereof, whether sounding in contract, tort or otherwise (a “Dispute”) and the relationship of the parties related to this Terms shall be governed by, and construed in accordance with, the Laws of Estonia.

The parties (a) hereby irrevocably and unconditionally submit to the jurisdiction of the state courts of Estonia for the purpose of any suit, action or other proceeding arising out of or based upon this Terms, (b) agree not to commence any suit, action or other proceeding arising out of or based upon this Terms except in the state courts of Estonia, and (c) hereby waive, and agree not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this Terms or the subject matter hereof may not be enforced in or by such court.