Bones Club User Agreement.
- This User Agreement outlines the terms and conditions of Bones Club (“the Website”), device application and other associated services (“Our Services”). By continuing to access Our Services, you are indicating acceptance of this User Agreement (“this Agreement”).
- The website www.bonesclub.io is wholly owned, operated and controlled by Glitch Labs Pty Ltd, trading as Bones Club.
- References in this Agreement to "Bones Club", "we", "our" or "us" are to Glitch Labs Pty Ltd, depending on the context, and references to "you" or "your" are references to the “User” of Our Services, being the person with whom Glitch Labs Pty Ltd enters into this Agreement.
- The Site is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use any services in which our site provides.
- Risk of Using Blockchain Technology: Blockchain technology including Non-Fungible Tokens (“NFT”) and cryptocurrency is immutable in nature. This means once a transaction is processed it may not be reversed. There is inherent risk when using facets of blockchain technology which can lead to a significant loss of digital assets. By using our services, you agree that you understand the inherent risks associated with blockchain technology and you indemnify Bones Club of any liability or losses associated to your use of blockchain technology directly, indirectly or otherwise.
- Licensing: The below paragraphs represent the standard license terms of all NFTs released by Bones Club. Individual NFTs may have further, or varying license terms displayed upon purchase.
- In the event there is an inconsistency between these terms and the terms displayed upon the NFT’s purchase (“Custom Terms”) the Custom Terms shall supersede these terms solely on inconsistent terms. Outside of inconsistency, the remaining terms of this agreement shall remain applicable.
- Type of License - NFT owners are bestowed a perpetual, non-sublicensable, non-exclusive, global license to produce and recreate the copyright material attached to a Bones Club NFT.
Intellectual Property Rights – Permitted use of the intellectual property attached to the Bones Club NFTs include:
Royalty Free Commercialisation – You may commercialise the use of the copyright material to the extent:
- that the use of copyright material is in normal commercial channels and in accordance with good business practice;
- that no royalties are generated from the commercialisation (that is, royalties from sub-licensing the copyright material. It does not include royalties from OpenSea and NFT marketplaces);
- that it retains the goodwill in the copyright material and does not cause the Bones Club Brand or Company to fall into disrepute;
- that the whole of the copyright material is displayed in the product/asset created without any alteration or modification that infringes on Bones Club’s intellectual property.
- Digital display of copyright material.
- Restrictions – You may create derivative works from Bones Club’s intellectual property so long as it does not infringe on any other existing Bones Club NFT’s intellectual property. You may not use the bones club brand or logos for commercial use in any circumstances.
- Determining Ownership – An individual who holds a Bones Club NFT within their wallet shall be considered the owner of the NFT. Ownership may only be held by a single legal entity at any one time.
- Copyright Cooldown – Upon an NFT being transferred to a new wallet address, there is a 72-hour cooling off period (“Cooling Off Period”) where no individual or entity is able commercialise the intellectual property attached to the NFT. Commercialisation within the cooldown period will constitute copyright infringement.
- General Condition of Use – You must use your best endeavours to preserve the reputation and value of the copyright material and agree to do all things reasonably necessary to protect the copyright material.
Every event copyright material is commercialised by an entity in possession of an NFT, the possessing entity must record and store for a period of 12 months the following details:
- Date of Use;
- What has the copyright material been used for;
- Number of Products/Assets Produced; and
- Entity that has used it.
- A failure to keep relevant records will constitute a breach of copyright and this agreement.
- In the event no records have been maintained Bones Club may immediately terminate the license to use the copyright material, determine any possession of an NFT to be null and void and claim damages in a court of law for copyright infringement.
- You acknowledge and agree that the Site and its Services are the property of Bones Club or its licensors. Subject to your compliance with this User Agreement, Bones Club grants you a limited right to access and/or use the Site. The right to access and/or use the Site is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations contained herein. Nothing in these Terms gives you any licence (other than as set out in this section), right, title, or ownership of, in, or to any of the Site.
- You acknowledge and agree that Bones Club retains all rights, title, and interest in and to all copyright, trademarks, trade secrets, patents, and any other proprietary rights in the Site, the software and application programming interfaces (APIs) comprising the Site, and all content therein. You acknowledge and agree that Bones Club, their trademarks, service marks, logos, graphics, brands, and domain names are the registered trademarks or trademarks of Bones Club.
- You must not register or attempt to register any of the copyright material or any of our intellectual property rights in your own name as proprietor.
- Notwithstanding any rights or entitlements afforded by this agreement to NFT holders, you are not permitted to create, for commercial use, fan art (tokenised or physical), merchandise, or similar content stemming from the Site and its affiliated links and projects.
- If you create any fan-art for personal, non-commercial use, the artwork must clearly state “Bones Club Fan Art” and a link to the Site at www.bonesclub.io. Bones Club reserves the right to determine if something is fan art/merchandise or not.
Please Note: Fan art detailed in clause 22 does not include derivative works that have been created or distributed by the NFT holder that has the right to do so. This has been included to protect the value of the Bones Club NFTs and their respective owners.
Third Party Infringements
- You must notify us immediately after becoming aware of any suspected or actual:
- infringement by any person of any of the copyright material; or
- unauthorised use of the copyright material.
- You must provide all assistance and documents required or requested by us in relation to any proceedings that we may bring against any person for infringement or unauthorised use of any of the copyright material.
- By accessing and/or using the Services, you represent and warrant that:
- you fully understand and have experience of tokens, cryptocurrencies, and digital assets, as well as of blockchain-based infrastructures and services; and
- you fully understand the risks associated with the trading or holding of tokens, cryptocurrencies, and digital assets as well as the mechanics related to the use of such tokens, cryptocurrencies, and digital assets (including with respect to their storage and exchange).
- By accessing and/or using the Site, you acknowledge that, tokens, cryptocurrencies, and digital assets, are extremely volatile and shift quickly in terms of, among others, liquidity, market depth and other characteristics. There is no guarantee against losses for accessing and/or using the Site in correlation with digital assets.
- You further represent and warrant that you are not entering into transactions that are above your financial abilities and that you are aware of the risks related to tokens, cryptocurrencies, and digital assets, for which you are solely responsible and liable for.
- You acknowledge and agree that Bones Club does not provide any advice, guidance, or recommendations on the opportunity to invest into, disinvest from, or remain invested in any Token and/or digital asset. If you are considering purchasing Tokens or digital assets as an investment, you should first contact your financial advisor for any such advice, guidance, or recommendation.
- By accessing and/or using the Site, you warrant that you are a bona fide user of Bones Club services.
- By accessing Bones Club via a wallet, Metamask or account creation via the Bones Club website, you confirm that you will not use Bones Club Services in connection with any of the following businesses, activities, practices or items, or any criminal activities whatsoever, including but not limited to:
- Terrorist financing;
- Money laundering;
- Illegal gambling;
- Distributing or funding drugs and drug paraphernalia;
- Malicious hacking including payments for ransomware;
- Any business activity we believe poses elevated financial risk, including legal liability, pyramid schemes, network marketing, and referral marketing programs;
- Knowingly or recklessly providing us with inaccurate or incomplete information through the Platform;
- Reverse engineering, disassembling, or otherwise attempting to construct, copy, or replicate the Platform’s source code, formulas, or processes;
- Interfering with the security of the Platform or the safe use of the Platform by others (including without limitation by way of distributing viruses, corrupted files, or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Website or its users);
- Using this Platform for any purpose that is unlawful or prohibited or in a way which infringes the intellectual property rights or other rights of any person (including us);
- Knowingly or recklessly using and/or taking advantage of a technical or technological error, loophole, or glitch on the Bones Club Platform or Services offered;
- Using the Platform or the information contained in it for commercial purposes which are competitive to the Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way;
- Using systematic, repetitive, or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Platform or which may otherwise place an unreasonable load on the infrastructure of the Platform;
- Publishing, posting, distributing, disseminating, or sending ‘spam material’ or engaging in any communication that is offensive, false, unlawful, defamatory, indecent, unfair or inappropriate in any way to others, which would reasonably be considered ‘spam’ or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive);
- Collecting or storing personal data about other users of the Platform; or
- Doing anything else which may interfere with or negatively affect the operation of our Platform, Services, or other users.
- You may be required to register an account or sign up with a wallet address with the Site to be able to access its features and functions. You agree to keep your password (if any) confidential and will be responsible for all use of your account and password.
- To the maximum extent allowed by law, we accept no liability for any losses suffered by you with regards to losing access to your account or wallet.
- You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except if agreed to in a binding legal contract with Bones Club.
- The prohibited activities with regards to the Site include, but are not limited to:
- Systematically retrieving data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- Using the Site in any unauthorised manner, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
- Using a buying agent or purchasing agent to make purchases on the Site;
- Using the Site to advertise or offer to sell goods and services;
- Circumventing or disabling or otherwise interfering with security-related features of the Site, including features that prevent or restrict the use or copying of any Site content or enforce limitations on the use of the Site and/or the content contained therein;
- Engaging in unauthorised framing of or linking to the Site;
- Defrauding or misleading us and/or other users, especially in any attempt to learn sensitive account information such as user password;
- Improperly using our support services or submitting false reports of abuse or misconduct;
- Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
- Attempting to impersonate another user or person or use the username of another user;
- Selling or otherwise transferring your profile;
- Using any information obtained from the Site in order to harass, abuse, or harm another person;
- Use of the Site as part of any effort to compete with us or otherwise use Site and/or the content contained within for any revenue-generating endeavour or commercial enterprise;
- Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Site;
- Attempting to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of it;
- Harassing, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Site to you;
- Deleting copyright or other proprietary rights notice from any content from or derived from the Site;
- Uploading or transmitting (or attempting to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
- Uploading or transmitting (or attempting to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, web bugs, cookies, or other similar devices;
- Except as may be the result of standard search engines or Internet browser usage, using, launching, developing, or distributing any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software;
- Disparaging, tarnishing, or otherwise harming, us and/or the Site, such harm which is assessed and judged at our sole discretion and opinion; and
- Using the Site in a manner inconsistent with any applicable laws or regulations.
- Bones Club may allow you to purchase, trade, or sell NFTs via a third party payment gateway, any financial transaction where you elect to pay for a products via a third party is solely facilitated by that third party. If you opt to use the third-party services, you must abide by their terms and conditions.
- Third Party services are not controlled by Bones Club. You agree to use third party services at your own risk. You agree to indemnify Bones Club from all liability in relation to third party services. We accept no liability arising from transactions or services facilitated by any third party.
- You shall be solely responsible for any taxes applying to the payments you make or receive through the Site, and to collect, report, and remit such taxes to the appropriate tax authorities. You acknowledge and agree that, Bones Club is not able to provide you with a taxation report concerning the operation executed and that it is your duty to collect all the information required by the competent tax authorities in order to comply with your tax obligations.
- As Bones Club is domiciled in Australia, we are required to collect Good and Services Tax (“GST”) on all products sold and services provided that are not construed as Digital Currency. We will collect GST on all applicable goods and services.
Refunds and Purchases
- To the maximum extent permitted by law, you agree and acknowledge that we are under no obligation to allow refunds on the Site in relation to any transactions that may, be refundable. Any refunds or compensation, whether monetary or otherwise, in relation to the Site and your use of the Site and all its features and assets are considered, accepted, or rejected at our sole discretion. This includes, but is not limited to, the following scenarios in which you may potentially suffer loss, harm, or damage:
- accidental purchases made by you;
- glitches, malfunctions, or other technical errors encountered on the Site;
- being made victim of another user’s fraud, deceit, prohibited activity, or misdemeanour;
- fluctuating pricing by other users;
- unreasonable pricing by other users;
- the use of the Site and/or its features and assets in a manner not consistent with a relevant intended purpose.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site, the App, and the Smart Contracts (“Submissions”) provided by you to us are non-confidential and will become our sole property. We will own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment from or compensation for you.
- You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Third Party Website and Content
- The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”), as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
- Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site, or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
- Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
- If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms and Conditions no longer govern your use of and interaction with these Sites and/or Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.
- Any purchase you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
- You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and we are not liable for any harm caused by your purchase of such products and services.
- Additionally, you agree and acknowledge that we accept no liability for any losses sustained by you or harm caused to you relating to or resulting, in any way, from any Third-Party Content or any contact with Third-Party Websites.
- We may allow advertisers to display their advertisements and other information in certain areas of the Site, including sidebars, pop-ups, and banners. If you are an advertiser, you should take full responsibility for any advertisements you place on the Site, and any services provided on the Site, or products sold through those advertisements.
- Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
- Advertisers and Bones Club are not and are not to be taken to be in a partnership, joint venture, employment, agent, or fiduciary relationship.
Termination Of Use and Banning of Wallet Address
- You may terminate these Terms at any time by withdrawing consent to abide by these terms via writing or by deregistering as a user of our Site. If you withdraw consent, or otherwise terminate these Terms, you will not receive any refunds for any purchases that you might make on or through the Site.
- If you resume use of our Site in any way, these terms will apply to that resumed use, whether you are a registered user or not.
- You agree that we, in our sole discretion and for any or no reason, may terminate these Terms or suspend and/or terminate your use of our platform, or ban your wallet address from using the Site without the provision of prior notice. You agree that any suspension or termination of your access to the Site may be without prior notice and that we will not be liable to you or to any third party for any such suspension or termination.
- If we terminate these Terms or suspend or terminate your access or a wallet’s access to or use of the Site due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Activities), then termination of these Terms will be in addition to any other remedies we may have at law or in equity.
- We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorised use of the Site. Without limiting the forgoing, we have the right to fully cooperate with any law enforcement authorities or court order requestion or directing us to disclose the identity or other information of anyone using the Site.
- Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have used or gathered on the Site or that is related to your wallet, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.
Limitation Of Liability
- In no event will Bones Club, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to your use of the Site, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not Bones Club was advised of the possibility of such damages.
- Neither party will be liable to the other party for any loss of anticipated profits or revenue arising from this Agreement or the use of our Site.
- Without limiting the generality of the foregoing, Bones Club takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Site, including, without limitation, to any of the following:
- delays, interruption or loss of services;
- technical failure, malfunction or shutdown;
- server failure, hacks or unavailability;
- data loss;
- corrupted data on Bones Club’s servers;
- failure to update or provide correct information;
- “phishing” or other websites impersonating as Bones Club;
- stolen, lost, or unauthorised use of your means of authorization;
- loss of business or goodwill.
- The limitation of liability set out above shall not be applicable in case of loss or damages caused by Bones Club or any of its employees by intentional misconduct or gross negligence.
- The Site supports or is integrated with third party services. Bones Club takes no responsibility for any third-party services and will not be liable for any loss or damages caused by such third-party services.
- The Site is provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. Bones Club disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.
- To the fullest extent permitted under applicable laws, you agree to hold harmless and indemnify Bones Club, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third-party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of:
- Your alleged or actual breach of these Terms, including, without limitation, Your express representations and warranties;
- Your alleged or actual use or misuse of the Services; and
- Your alleged or actual infringement or violation of any laws or of the rights of a third party.
- We may amend these Terms from time to time by either notifying you using our Site or by providing details of the amendments on our Site.
- We recommend you read these terms carefully each time to ensure you agree to them during the use of our site.
- This User Agreement constitutes all the terms and conditions agreed upon between you and Bones Club and supersedes any prior agreements in relation to the subject matter of these Terms, whether written or oral.
Severability And Waiver
- Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.
- The failure of Bones Club to exercise or enforce any of the rights or provisions of these Terms shall not considered as a waiver of Bones Clubs rights to do so.
- Bones Club may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part.
- You cannot assign or otherwise transfer the benefit of these Terms or any part of them, nor transfer or sub-license your rights under these Terms to any third party, without our prior written consent which may be withheld in our absolute discretion, unless in connection with the transfer of any digital asset.
Relationship of Parties
- Nothing contained in these Terms shall be deemed or construed to create a principal and agent, partnership, or joint venture relationship between you and Bones Club.
- Bones Club will not be deemed in default of this User Agreement to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labour disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government, pandemics, or any other cause beyond Bones Club’s reasonable control.
- These Terms and Conditions, and your use of the Site, are/is governed by and constructed in accordance with the laws of Australia, applicable to agreements made and to be entirely performed in Australia, without regard to its conflicts of law principles.
- Each party submits to the non-exclusive jurisdiction of the courts in Victoria, and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement.
- Each party irrevocably waives any objection to the venue of any legal process in the Victorian courts on the basis that the process has been brought in an inconvenient forum.
Accessing And Amending Personal Information
- You are entitled to review, correct, or amend your personal information, or to delete that information where it is inaccurate. You may do this by contacting us at firstname.lastname@example.org.
- If your access to the site is suspended or terminated, we will keep your information in our database for at least seven years for regulatory purposes. This ensures that those who are attempting to avoid fraud cannot achieve this by simply closing or terminating their access. When your access is closed or terminated, your information will not be used by us for any further purposes, including sharing to third parties.