TLDR
- The Rektguy NFTs and the associated Rektguys have been designated cc0 (Creative Commons Zero) so anyone can use the images.
- Purchasing a Rektguy NFT does not grant you ownership of the Rektguy, the Art or any Intellectual Property Rights with respect to the Rektguy, nor any Intellectual Property Rights with respect to the Rektguy NFT.
- You do not get rights to use our Logo (as defined below). For further information, please read section 6 of the Terms.
- All transfers (including the sale) of the Rektguy NFTs are subject to these Terms, and these Terms shall be automatically incorporated into the transfer agreement (written or otherwise).
- Please read and understand your responsibilities (section 7), the risks related to the NFTs (section 8), and the disclaimers (section 11).
- Please take the time to read the Terms given that by accessing the Website you agree to be bound by these Terms. We know they are long, but we have tried to make them as readable as possible to help making the experience less strenuous.
Terms
These Terms of Use (“Terms”) describe the rules governing your use of this Website www.rektguy.com (“Website”), the Rektguy NFTs and the Rektguy Discord Channel (each term, as defined below). These Terms form a binding agreement between us, CNSTD, UNIPESSOAL LDA (ZONA FRANCA DA MADEIRA), a limited liability commercial company registered under number 517121948 at the Commercial Registry Office of the Madeira Free Trade Zone and having registered office at Rua Nova de So Pedro no.54, 2nd floor, office D, 9000-048 Funchal, parish of Sé, district of Funchal (referred to in these Terms as either “us”, “we”, “ours”, or the “Company”).
By visiting our Website and by purchasing and/or selling the Rektguy NFTs (through our Website or on the secondary market, as applicable) you agree to be bound by these Terms. By agreeing to these Terms, you also represent that you have the capacity to enter into this binding agreement and that you are at least 18 years old. In case of disagreement, in whole or in part, with any of the Terms, you must immediately cease any and all use of the Website and any related services, and/or any dealing with the Rektguy NFTs (as applicable).
You may not use this Website, the Rektguy NFTs, Rektguy Discord Channel and/or a Rektguy associated with the Rektguy NFTs for any illegal or unauthorised purpose nor may you, in the use of the Rektguy Discord Channel, Rektguy NFTs and/or a Rektguy associated with the Rektguy NFTs, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may only access our Website if the purchase of Rektguy NFTs in not prohibited in your jurisdiction, and we do not represent that the Website (and any of the content on our Website (the “Content”)) is appropriate for use or available in your location.
If you have any questions about these Terms, please feel free to email us at hello@canarylabs.xyz.
We may occasionally make changes to these Terms. We will let you know if any changes significantly affect your ability to use the Content. However, it your responsibility to read the Terms, as updated from time to time.
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.
Please note that the Terms were most recently updated on: 22/05/2023
Definitions
"Art" - means any art, design, and drawings that may be associated with a Rektguy NFT that you Own.
"End Users" - means the users of the Website.
"Holder" - means the holder of a Rektguy NFT.
“Intellectual Property Rights” - means any and all intellectual property rights of any nature anywhere in the world whether registered, registrable or otherwise, including patents, utility models, trademarks, registered designs and domain names, applications for any of the foregoing, trade or business names, goodwill, copyright and rights in the nature of copyright, design rights, rights in databases, moral rights, performance rights and know-how.
“Logo” - means the trademarked logo “Rekt” which is owned by the Company.
"NFT" - means, an identifiable, non-fungible, non-replicable and transferrable cryptographic asset recorded on the Ethereum Network, used as proof of authenticity and proof of ownership over certain rights.
"Own" - means, with respect to an NFT, an NFT that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain.
"Rektguy" - means a single artwork from the collection of 8,812 artworks stored on IPFS making up the Rektguy collection, representing a unique Rektguy character.
"Rektguy Discord Channel" - means the private Discord channel that Holders are granted access to.
"Rektguy NFT" - means an NFT associated with an instance of a Rektguy.
"Smart Contract" - the transaction protocol governing the transfer of the NFTs on the Ethereum Network.
"Wallet" - refers to an application that allows users to register a unique identifier, to use such unique identifier to access and to interact with the Ethereum Network, and (subject to any technological restraint), to manage information (including any form of cryptographic asset) that is attributable to that unique identifier (including, for example, transferring any information).
What can you do with your Rektguy NFT?
When you successfully purchase a Rektguy NFT, what you purchase is the cryptographic asset recorded on the Ethereum Network.
Ownership
Purchasing a Rektguy NFT does not grant you ownership of the Rektguy associated with it, nor any Intellectual Property Rights with respect to the Rektguy NFT or our Logo.
The Company reserves all rights in and to the Rektguys and the Rektguy NFTs not expressly waived under section 4.
Creative Commons Dedication
To the extent possible under law, the Company has waived all copyright and related or neighboring rights to each Rektguy NFT and the associated Rektguys.
The Company hereby dedicates the Rektguy NFTs and the associated Rektguys to the public domain (“cc0 Dedication”). The cc0 Dedication means that the Rektguys are free for any individual to use.
What happens when you transfer or sell the NFTs?
All transfers (including the sale) of the Rektguy NFTs are subject to these Terms, and these Terms shall be automatically incorporated into the transfer agreement (irrespective of whether such agreement is in writing or not) between the Holder transferring the Rektguy NFT and the new Holder in receipt of such Rektguy NFT. For the avoidance of doubt, these Terms will apply to new Holders upon access to this Website.
You may not use our Logo
We retain all rights to our Logo. You have a limited right to use the Logo as it is incorporated in the Rektguy associated with your Rektguy NFT (if and where applicable). You shall not use the Logo for any other purpose (whether commercial or non-commercial).
Your responsibilities
As a Holder, you are solely responsible for the safety of the Rektguy NFTs that are attributed to your Wallet, including the proper management and safety of any Wallet used to store your Rektguy NFT, and the implementation of relevant security measures.
Please note that the decentralised nature of distributed ledger technology (such as the Ethereum Network) makes it impossible for us to reverse, cancel, undo or otherwise alter any transaction and/or transfer. You are solely responsible for any transaction requested through your Wallet.
You are solely and entirely responsible for complying with applicable law and regulations, including your obligations to pay any tax liability which may arise out of or in connection with your ownership of your Rektguy NFT. Please be aware that changes in applicable laws and regulations may impact the Website and your rights and obligations regarding your Rektguy NFTs.
Rektguy NFTs may be available for purchase on the secondary market on third-party platforms, such as OpenSea (as available at https://opensea.io), and/or other marketplaces (each, a “NFT Marketplace”). Please note that we do not operate any such NFT Marketplace and that, therefore, your access and use of any such NFT Marketplace is subject to the terms of the specific NFT Marketplace you are using.
You undertake to defend us against any claim or action arising out of or in connection with your use of the Rektguy NFTs in contravention to these Terms, including where any such use infringes the Intellectual Property Rights of a third party (provided such claim does not relate to the unaltered Rektguy as designed by us), and you shall fully indemnify and hold us harmless from and against any losses, damages, costs (including all legal fees) and expenses incurred by or awarded against us as a result of, or in connection with, any such claim or action.
Risks you should be aware of
Please be aware that the Rektguy NFTs are only intended and offered as collectibles, and that the Rektguy NFTs do not represent an investment, nor grant any right to perceive financial benefits or governance over any projects or the Company.
The Rektguy NFTs are unregulated cryptoassets. When you buy cryptoassets your capital is at risk. Risks associated with cryptoassets include price volatility, loss of capital (the value of your cryptoassets could drop to zero), complexity, lack of regulation and lack of protection.
The Company does not currently operate in a regulated industry. Therefore, please be aware that when you buy cryptoassets, you are not protected under the kind of financial compensation schemes and protections that are in place for investors who deal with entities that are regulated and authorised to operate as financial services firms (e.g. which can protect/compensate you if you were to invest in a regulated financial services firm’s products and that firm subsequently went bankrupt).
Links & Connected Services
You may not frame our Website on any other website, but you may link to our home page, provided: (a) you do so in a way that is permitted, fair and legal and does not damage our reputation or take advantage of it, and (b) you do not suggest endorsement or association on our part (unless we have agreed to such endorsement or association in writing). We reserve the right to withdraw the linking permission without notice.
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or any warranty as to the information you may obtain from them. We have no control over the contents of those websites or resources.
Any connected services included in this Website are provided “AS IS” and “AS AVAILABLE” without any warranty of any kind. We do not guarantee that our Website, or any of the Content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons without compensation. While we will try to give you reasonable notice of any suspension or withdrawal, we do not guarantee that this will be possible.
Personal Information
Any and all personal information will be collected and processed in accordance with our privacy notice.
Disclaimer
You hereby agree that neither we (nor any of our affiliates) shall be liable or otherwise responsible for any loss, damage or claim (whether under contract or tort law) relating to or resulting from: (a) the decentralised nature of distributed ledger technology and the Ethereum Network; (b) your use of your Wallet and/or any weakness and or defect in the security of your Wallet; (c) any weakness and/or defect in the confidentiality, integrity, availability and/or security of any data, technology, and/or equipment used by you to access and/or store your Rektguy NFTs; (d) any malicious act carried out by bad actors resulting in your loss of the Rektguy NFTs; (e) any product, service, or experience designed by third-parties accessible through the use of the Rektguy NFTs (regardless of whether such offering is offered with or without our permission); and (f) any use of the Rektguy NFTs contravening these Terms or otherwise exceeding the rights granted to you by us under these Terms.
We make no representation, and provide no warranties (whether expressed or implied) in relation to any use of the Rektguy NFTs or the Rektguy associated with the Rektguy NFTs.
To the fullest extent permissible by applicable law, the Company disclaims all implied warranties in connection with access and/or use of the Website and/or any dealing with the Rektguy NFTs. Further, neither party shall be liable for any indirect damages caused to the other party in relation to access and/or use of the Website, Rektguy Discord Channel and/or any dealing with the NFTs.
Our maximum aggregate liability (under contract, tort law or otherwise) shall not exceed £300.
Breach of terms
If your utilisation of the Website or Rektguy Discord Channel and/or dealing with the Rektguy NFTs is deemed to be in breach of the Terms, whether as a result of a substantial violation or repeated minor violations, the Company reserves the right to limit suspend or terminate, temporarily or permanently, as of right, without any indemnification, compensation or refund whatsoever being owed and without any prejudice to any legal action that the Company may be entitled to, your access to the Website, Rektguy Discord Channel, the Rektguy NFTs and/or the services available to the User. The Company will inform you as soon as reasonably practicable, of any decision to suspend or limit your rights and may, at its discretion, decide to restore your rights.
No Partnership, Joint Venture or Agency
Nothing in these Terms is intended to, or shall be deemed to, establish any partnership, joint venture, agency or employment relationship between you and the Company. Nothing in these Terms shall authorise you to make or enter into any commitments or make any representation on our behalf.
You also confirm that in entering into these Terms you are acting on your own behalf and not for the benefit of any other person.
Severability
If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms. The provisions declared unenforceable shall be replaced by the provisions that are closest in meaning and scope to the initial provisions.
Governing Law and Jurisdiction
The Terms represent an agreement between you (in your capacity as Holder) and the Company, which shall be governed by, construed, and enforced under the laws of England and Wales without regard to any choice or conflict of laws rules. You hereby irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms, their subject matter or formation.
Thank you very much for taking the time to read our Terms, and welcome to our community!