WEBSITE TERMS & CONDITIONS
Welcome to the Coyote NFT website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement.
This Term of Use agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of Coyote NFT Website (the “Site”) and describes the terms and conditions applicable to your access to and use of the Site, the Non-Fungible Tokens (“Company NFTs”), and the Artwork (the “Artwork”) associated with the NFTs. This Agreement may be modified at any time by Coyote NFT (the Company or Coyote NFT”), LLC., a Wyoming limited liability company upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at 21milemedia.com. From time to time we may offer for sale NFTs, other digital assets (“Digital Assets”), and/or physical products (collectively, “Company Products”) through our website.
(a) Our website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use our website.
(b) In order to participate in the purchase or other receipt of such Company Products, you agree that you will comply with the specific terms and conditions, if any, associated with the respective Company Products in addition to these Terms. Any payments that you make for Company Products that are processed through third-party partners will be subject to the separate terms and conditions, if any, associated with such third-party partners. You acknowledge and agree that we have no control over these payments or transactions, and that we do not have the ability to reverse any payments or transactions once made. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the website through the use of any third-party services.
(c) We may also from time to time sell Company Products such as Company NFTs on our website via one or more auction processes (each, an Auction”). You agree to abide by all rules and regulations in place for each Auction. Unless otherwise stated, we will take custody of any funds attached to any Auction bids and will refund such funds to all bids that fail to win an Auction as soon as reasonably practicable. In the event that you win an Auction, you may redeem the underlying Company Product at a time of your choosing within reason.
2. Privacy
You understand that from time to time the Company may be required to collect personal data from you, including but not limited to, identification information such as name, email address, shipping address, and cryptocurrency wallet information. You acknowledge and agree that we may share personal information with third-party service providers who aid us in meeting our operational needs, including but not limited to, third-party payment processing services, hosting services, cloud services, and other information technology services. We may also share personal information as required to comply with applicable laws and regulations, including but not limited to OFAC rules and regulations. Company recognizes that any data provided by you to us is extremely important and we shall, therefore, be particularly sensitive in handling such data. Company shall not sell any personal information to any third parties. Company shall use commercially reasonable efforts to employ technical, organizational, and physical safeguards designed to protect the personal information we collect and safeguard your data. Nevertheless, no security measures are failsafe and we cannot guarantee the security of your personal information. You are advised that there are inherent security risks in transmitting data, such as emails, addresses, or other personal information, via the website, because it is impossible to safeguard completely against unauthorized access by third parties. Company shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part.
3. Intellectual Property
Our website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, and graphics on the website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights.
(a) The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms or under an applicable license on our website, no part of the website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our express prior written permission. Provided that you are eligible, you are granted a limited license to access and use the website solely for your personal, non-commercial use. We reserve all rights in and to the website, the Content, and the Marks.
(b) You may not use this site, the Content, the Marks, the NFTs, and the Artworks associated with the NFTs for any illegal or unauthorized purpose nor may you, in the use of the NFTs and the Artworks associated with the NFTs, violate any laws in your jurisdiction (including but not limited to copyright laws).
4. Digital Assets
Digital Assets purchased from our website may be purchased, sold, and/or traded on third-party marketplaces or exchange sites (such transactions, as “Secondary Transactions”). Secondary Transactions will be subject to the terms and conditions of such sites. We are not a party to any Secondary Transaction. We make no guarantee about the availability or functionality of any such sites and your use of such sites is at your own risk.
We have no liability to you or to any third party for any claims or damages that may arise as a result of your Secondary Transactions or use of such external sites.
(a) Unless otherwise stated by us, you will be solely responsible for paying any and all income, capital gains, sales, use, value-added, and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with Digital Assets purchased or otherwise received by you (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, receipt or sale of a Company NFT).
5. Physical Products
in the event of defects or issues with Physical Products, the Company will, at its sole discretion, reasonably determine on a case-by-case basis whether it will offer any remedial measures. Unless otherwise expressly stated by us, you will not be permitted to return for a refund or exchange any Physical Products that you purchase the Company will use its commercially reasonable efforts to repair any defects on a reasonable case-by-case basis. Certain Physical Products will be embedded with a cryptographic chip (“BOUNTY Chip”) tying the physical item to a digital token via scanning the BOUNTY Chip in order to verify authenticity and prove ownership of such item. The Company makes no guarantees that there will be no defects with respect to the BOUNTY Chip. As the Company has a finite amount of BOUNTY Chips, in the event that your BOUNTY Chip is defective, the Company makes no guarantee that it will replace your defective BOUNTY Chip. Company shall have no liability to you for any failure to deliver or for any delay in doing so for any damage or defect to the goods which is caused by any act or circumstance beyond our reasonable control including, without limitation, strikes and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
6. Ownership
interest in any content by or through your use of this Site.
7. Representations & Warranties
By using the website, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the website through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; (5) you are not a national or resident of
any country subject to U.S. sanctions or similar restrictions (currently, Cuba, Iran, Syria, North Korea, and the following regions of Ukraine: Crimea, Donetsk and Luhansk) and you are not on the U.S. Treasury Department’s list of Specially Designated Nationals or other sanctions lists; and (6) your use of the website will not violate any applicable law or regulation.
(a) We are not permitted to engage in any transactions with any person, entity, or country prohibited by any applicable export control and sanctions laws and regulations of the United States and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations and U.S. sanctions regulations (“Export Control and Sanctions Laws”), including, without limitation, the prohibition against transactions with (i) a national or resident of any country subject to U.S. sanctions or similar restrictions (currently, Cuba, Iran, Syria, North Korea, and the following regions of Ukraine: Crimea, Donetsk, and Luhansk) or (ii) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or other sanctions lists. You are not permitted to purchase any Company Products or engage in any other transactions with us through the website or otherwise if any of the foregoing restrictions apply. In the event that you breach this provision, we reserve the right to the fullest extent possible to cancel any transaction or pursue other measures to comply with Export Control and Sanctions Laws.
8. Trademarks
9. Site Use
10. Compliance with Laws
11. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Coyote NFT and its affiliates and its and their Representatives (collectively, the “Indemnitees”), 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 (i) your use or misuse of the website, the Content, or the Company Products, (ii) your violation of these Terms, or (c) your violation of the rights of a third party, including another user of the website. You agree to promptly notify the Company of any third-party Claims and cooperate with the applicable Indemnitee in defending such Claims. You further agree that the Indemnitees shall have the right to control the defense or settlement of any third-party Claims.
12. Disclaimer
13. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL COYOTE NFT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION (INCLUDING EXTRA-CONTRACTUAL LIABILITY). If you are dissatisfied with the website, your sole remedy is to discontinue use of the website. You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
(a) In addition to the foregoing general disclaimer, Coyote NFT specifically disclaims liability, and you hereby waive and release any and all claims, arising out of or in connection with any blockchain or related technology; any digital wallet, (including but not limited to MetaMask) or similar technology or related service; the transfer or loss of any NFT or the inability to demonstrate ownership or control of any NFT, and any marketplace or other platform for buying, selling or transferring any NFT.
(b) You acknowledge and assume the following risks (for which Coyote NFT shall in no event be responsible for): (i) there are risks associated with blockchain-based assets including, but not limited to, the volatility of price and the absence of liquidity (the ability to resell), the risk of loss of your blockchain assets as a result of faulty hardware, software, and Internet connections and/or failures; the risk of the introduction malicious software; the risk that third parties may obtain unauthorized access to information stored within the wallet holding your blockchain assets; and the risk of loss of your blockchain assets due to loss of private key(s), custodial error, or purchaser error, and we will not be responsible for any of these, however caused; (ii) we do not make any representations, warranties, promises or guarantees, express or implied, about the availability of any blockchain assets on the internet; (iii) upgrades to the website (iv) we do not make any representations, warranties, promises or guarantees, express or implied, related to any third parties you interact with or their applications and/or
services, including but not limited to the continued availability of either and/or the protection and/or storage of any data you provide to those parties; (v) there also exists: (a) the risk of hacking, security weaknesses, fraud, counterfeiting, cyberattacks, and other technological difficulties; (b) the risk of changes to the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens and new regulations, or unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of any blockchain assets; and
(c) the risks related to taxation. In addition to assuming all of the above risks, you acknowledge that we cannot and do not represent or warrant that any blockchain asset, or its supporting systems or technology, is reliable, current, or error-free, meets your requirements, or that defects in any blockchain asset, or its supportive systems or technology, will be corrected. We cannot and do not represent or warrant that any blockchain asset or the delivery mechanism thereto is free of viruses or other harmful components. You understand that transactions in blockchain assets are irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience related to any blockchain asset. If the metadata associated with an NFT is no longer maintained at the storage location indicated in the URI contained in the NFT, the market value of such NFT may be reduced or eliminated entirely.
14. Copyrights & Copyright Agent
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site is 21 Mile Media, who can be reached as follows: By E-mail: [email protected]
15. Governing Law & Dispute Resolution
These Terms will be governed by California law regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the website or order products therefrom.
(a) As a condition of using the website, you and we agree that any and all disputes, claims, and causes of action (collectively, “Claims”) arising out of or connected with the website (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association (“AAA”), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PROPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL, AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction.
16. Severability
17. Waiver
18. Termination
19. Relationship of the Parties
20. Miscellaneous
21. Entire Agreement
22. Contact Information
Coyote NFT, LLC.
[email protected]
This is not intended to be used as a basis for making an investment decision, especially for individuals without professional experience in matters related to investments. This document reflects the present subjective opinion of the creators of the project and is not exhaustive and final. The 21 Mile Media team reserves the right to change and improve this document before the official launch. Mechanisms may be added, refined, and removed in response to ideas and critics of the community.
WEBSITE TERMS & CONDITIONS
Welcome to the Coyote NFT website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement.
This Term of Use agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of Coyote NFT Website (the “Site”) and describes the terms and conditions applicable to your access to and use of the Site, the Non-Fungible Tokens (“Company NFTs”), and the Artwork (the “Artwork”) associated with the NFTs. This Agreement may be modified at any time by Coyote NFT (the Company or Coyote NFT”), LLC., a Wyoming limited liability company upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at 21milemedia.com. From time to time we may offer for sale NFTs, other digital assets (“Digital Assets”), and/or physical products (collectively, “Company Products”) through our website.
(a) Our website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use our website.
(b) In order to participate in the purchase or other receipt of such Company Products, you agree that you will comply with the specific terms and conditions, if any, associated with the respective Company Products in addition to these Terms. Any payments that you make for Company Products that are processed through third-party partners will be subject to the separate terms and conditions, if any, associated with such third-party partners. You acknowledge and agree that we have no control over these payments or transactions, and that we do not have the ability to reverse any payments or transactions once made. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the website through the use of any third-party services.
(c) We may also from time to time sell Company Products such as Company NFTs on our website via one or more auction processes (each, an Auction”). You agree to abide by all rules and regulations in place for each Auction. Unless otherwise stated, we will take custody of any funds attached to any Auction bids and will refund such funds to all bids that fail to win an Auction as soon as reasonably practicable. In the event that you win an Auction, you may redeem the underlying Company Product at a time of your choosing within reason.
2. Privacy
You understand that from time to time the Company may be required to collect personal data from you, including but not limited to, identification information such as name, email address, shipping address, and cryptocurrency wallet information. You acknowledge and agree that we may share personal information with third-party service providers who aid us in meeting our operational needs, including but not limited to, third-party payment processing services, hosting services, cloud services, and other information technology services. We may also share personal information as required to comply with applicable laws and regulations, including but not limited to OFAC rules and regulations. Company recognizes that any data provided by you to us is extremely important and we shall, therefore, be particularly sensitive in handling such data. Company shall not sell any personal information to any third parties. Company shall use commercially reasonable efforts to employ technical, organizational, and physical safeguards designed to protect the personal information we collect and safeguard your data. Nevertheless, no security measures are failsafe and we cannot guarantee the security of your personal information. You are advised that there are inherent security risks in transmitting data, such as emails, addresses, or other personal information, via the website, because it is impossible to safeguard completely against unauthorized access by third parties. Company shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part.
3. Intellectual Property
Our website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, and graphics on the website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights.
(a) The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms or under an applicable license on our website, no part of the website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our express prior written permission. Provided that you are eligible, you are granted a limited license to access and use the website solely for your personal, non-commercial use. We reserve all rights in and to the website, the Content, and the Marks.
(b) You may not use this site, the Content, the Marks, the NFTs, and the Artworks associated with the NFTs for any illegal or unauthorized purpose nor may you, in the use of the NFTs and the Artworks associated with the NFTs, violate any laws in your jurisdiction (including but not limited to copyright laws).
4. Digital Assets
Digital Assets purchased from our website may be purchased, sold, and/or traded on third-party marketplaces or exchange sites (such transactions, as “Secondary Transactions”). Secondary Transactions will be subject to the terms and conditions of such sites. We are not a party to any Secondary Transaction. We make no guarantee about the availability or functionality of any such sites and your use of such sites is at your own risk.
We have no liability to you or to any third party for any claims or damages that may arise as a result of your Secondary Transactions or use of such external sites.
(a) Unless otherwise stated by us, you will be solely responsible for paying any and all income, capital gains, sales, use, value-added, and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with Digital Assets purchased or otherwise received by you (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, receipt or sale of a Company NFT).
5. Physical Products
in the event of defects or issues with Physical Products, the Company will, at its sole discretion, reasonably determine on a case-by-case basis whether it will offer any remedial measures. Unless otherwise expressly stated by us, you will not be permitted to return for a refund or exchange any Physical Products that you purchase the Company will use its commercially reasonable efforts to repair any defects on a reasonable case-by-case basis. Certain Physical Products will be embedded with a cryptographic chip (“BOUNTY Chip”) tying the physical item to a digital token via scanning the BOUNTY Chip in order to verify authenticity and prove ownership of such item. The Company makes no guarantees that there will be no defects with respect to the BOUNTY Chip. As the Company has a finite amount of BOUNTY Chips, in the event that your BOUNTY Chip is defective, the Company makes no guarantee that it will replace your defective BOUNTY Chip. Company shall have no liability to you for any failure to deliver or for any delay in doing so for any damage or defect to the goods which is caused by any act or circumstance beyond our reasonable control including, without limitation, strikes and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
6. Ownership
interest in any content by or through your use of this Site.
7. Representations & Warranties
By using the website, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the website through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; (5) you are not a national or resident of
any country subject to U.S. sanctions or similar restrictions (currently, Cuba, Iran, Syria, North Korea, and the following regions of Ukraine: Crimea, Donetsk and Luhansk) and you are not on the U.S. Treasury Department’s list of Specially Designated Nationals or other sanctions lists; and (6) your use of the website will not violate any applicable law or regulation.
(a) We are not permitted to engage in any transactions with any person, entity, or country prohibited by any applicable export control and sanctions laws and regulations of the United States and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations and U.S. sanctions regulations (“Export Control and Sanctions Laws”), including, without limitation, the prohibition against transactions with (i) a national or resident of any country subject to U.S. sanctions or similar restrictions (currently, Cuba, Iran, Syria, North Korea, and the following regions of Ukraine: Crimea, Donetsk, and Luhansk) or (ii) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or other sanctions lists. You are not permitted to purchase any Company Products or engage in any other transactions with us through the website or otherwise if any of the foregoing restrictions apply. In the event that you breach this provision, we reserve the right to the fullest extent possible to cancel any transaction or pursue other measures to comply with Export Control and Sanctions Laws.
8. Trademarks
9. Site Use
10. Compliance with Laws
11. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Coyote NFT and its affiliates and its and their Representatives (collectively, the “Indemnitees”), 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 (i) your use or misuse of the website, the Content, or the Company Products, (ii) your violation of these Terms, or (c) your violation of the rights of a third party, including another user of the website. You agree to promptly notify the Company of any third-party Claims and cooperate with the applicable Indemnitee in defending such Claims. You further agree that the Indemnitees shall have the right to control the defense or settlement of any third-party Claims.
12. Disclaimer
13. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL COYOTE NFT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION (INCLUDING EXTRA-CONTRACTUAL LIABILITY). If you are dissatisfied with the website, your sole remedy is to discontinue use of the website. You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
(a) In addition to the foregoing general disclaimer, Coyote NFT specifically disclaims liability, and you hereby waive and release any and all claims, arising out of or in connection with any blockchain or related technology; any digital wallet, (including but not limited to MetaMask) or similar technology or related service; the transfer or loss of any NFT or the inability to demonstrate ownership or control of any NFT, and any marketplace or other platform for buying, selling or transferring any NFT.
(b) You acknowledge and assume the following risks (for which Coyote NFT shall in no event be responsible for): (i) there are risks associated with blockchain-based assets including, but not limited to, the volatility of price and the absence of liquidity (the ability to resell), the risk of loss of your blockchain assets as a result of faulty hardware, software, and Internet connections and/or failures; the risk of the introduction malicious software; the risk that third parties may obtain unauthorized access to information stored within the wallet holding your blockchain assets; and the risk of loss of your blockchain assets due to loss of private key(s), custodial error, or purchaser error, and we will not be responsible for any of these, however caused; (ii) we do not make any representations, warranties, promises or guarantees, express or implied, about the availability of any blockchain assets on the internet; (iii) upgrades to the website (iv) we do not make any representations, warranties, promises or guarantees, express or implied, related to any third parties you interact with or their applications and/or
services, including but not limited to the continued availability of either and/or the protection and/or storage of any data you provide to those parties; (v) there also exists: (a) the risk of hacking, security weaknesses, fraud, counterfeiting, cyberattacks, and other technological difficulties; (b) the risk of changes to the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens and new regulations, or unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of any blockchain assets; and
(c) the risks related to taxation. In addition to assuming all of the above risks, you acknowledge that we cannot and do not represent or warrant that any blockchain asset, or its supporting systems or technology, is reliable, current, or error-free, meets your requirements, or that defects in any blockchain asset, or its supportive systems or technology, will be corrected. We cannot and do not represent or warrant that any blockchain asset or the delivery mechanism thereto is free of viruses or other harmful components. You understand that transactions in blockchain assets are irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience related to any blockchain asset. If the metadata associated with an NFT is no longer maintained at the storage location indicated in the URI contained in the NFT, the market value of such NFT may be reduced or eliminated entirely.
14. Copyrights & Copyright Agent
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site is 21 Mile Media, who can be reached as follows: By E-mail: [email protected]
15. Governing Law & Dispute Resolution
These Terms will be governed by California law regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the website or order products therefrom.
(a) As a condition of using the website, you and we agree that any and all disputes, claims, and causes of action (collectively, “Claims”) arising out of or connected with the website (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association (“AAA”), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PROPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL, AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction.
16. Severability
17. Waiver
18. Termination
19. Relationship of the Parties
20. Miscellaneous
21. Entire Agreement
22. Contact Information
Coyote NFT, LLC.
[email protected]
This is not intended to be used as a basis for making an investment decision, especially for individuals without professional experience in matters related to investments. This document reflects the present subjective opinion of the creators of the project and is not exhaustive and final. The 21 Mile Media team reserves the right to change and improve this document before the official launch. Mechanisms may be added, refined, and removed in response to ideas and critics of the community.