Terms & Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
These Terms and Conditions (βTermsβ) describe the rules governing your use of this
Site http://peanutglorynation.com (βsiteβ), the NFTs and the Artworks, and form a binding
Agreement between PEANUT GLORY NATION(βCompanyβ), a company incorporated under the laws of the Netherlands registered under the company number:
Chamber of commerce registration number
181707202B01
VAT-number
NL.00.20.40.298.B.73
1. General Information
BY VISITING OUR SITE AND BY PURCHASING AND/OR SELLING THE NFTS
(THROUGH OUR SITE OR ON THE SECONDARY MARKET, AS APPLICABLE) YOU
AGREE TO BE BOUND BY THESE TERMS.
We may transfer our rights and obligations under these Terms to another organization. We will always tell you in writing if this happens, and we will ensure that the transfer will not affect your rights. You may not use this site, 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). Any connected services included in this site are provided βAS ISβ and βAS AVAILABLEβ without any warranty of any kind. We do not guarantee that our site, or any 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 site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
2. Who can access the site?
Our site is directed to people residing in jurisdictions where the purchase of NFTs is not prohibited. We do not represent that content available on or through our site is appropriate for use or available in your location. By agreeing to these Terms, you represent that you are at least 18 years old.
3. Definitions
The following definitions will be used throughout the Terms:
βArtworkβ refers to a single artwork from the generative collection of ten thousand one hundred and one (10101) artworks stored on IPFS making up the Peanut glory nation collection, representing a unique character (βPGNβ).
"Wallet" refers to an application such as Metamask, that allows users to register a unique identifier, to use such unique identifier to access and to interact with the Polygon - Polygon 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).
βPGN White listβ refers to the early sprint group of End Users that hold the right to the presale Mint in the period before the public Sale.
βPGN Licenseβ refers to the intellectual property license provided to the Holders , as described in section 7 of these Terms.
βHolderβ refers to the holder of an NFT. βEnd Usersβ refers to the users of the site.
βNFTsβ each, an identifiable, non-fungible, non-replicable and transferrable cryptographic asset recorded on the Polygon- Polygon Network, used as proof of authenticity and proof of ownership over certain rights (as set out in these Terms) vested in the Holders, associated with an instance of an Artwork. βPresaleβ refers to the first sale of NFTs through the site. βPublic Saleβ refers to the first sale of NFTs through the site.
"Intellectual Property" 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.
"Mint" refers to the successful submission of a request through an eligible Wallet, for the creation of a new block of information on a distributed ledger (the Polygon Network), to a self-executing software (the Smart Contract), for the purposes of creating a new NFT recorded against the unique identifier of the Wallet from which the request is submitted
"Royalties" refers to the amount of fees applied by the Smart Contract to the transfer of NFTs (for value) from a current Holder to a new Holder, which is automatically transferred by the Smart Contract to the Company.
"Secondary Sale" in respect of each NFT, the subsequent re-sale of the
NFTs on the secondary market (whether on or outside of the Marketplace) whereby an NFT is transferred from a current Holder to a new Holder.
βSmart Contractβ the transaction protocol governing the Minting and
the transfer of NFTs on the Polygon - Network. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
4. What is the purpose of the site?
This site is for informational purposes and for the purposes of carrying out the Initial Presale of NFTs.
5. Your Purchase
Provided you have been included in the PGN White list, accessing the site during the presale
will provide you with the ability to purchase the right to Mint one or the maximum amount of more NFTs. Please note that, once deployed, we have no control over the Smart Contract, nor over the Gas Fees you would incur in when submitting your request to Mint the NFT/s to
the network. Payment for the right to Mint is made in Matic (being the cryptographic currency on the Polygon- Network). Therefore, please be aware that transactions in cryptographic currency may be irreversible and that, accordingly, and funds paid to an incorrect recipient may not be recoverable.
6. What do you get
When you successfully purchase and exercise the right to Mint resulting in the NFT being attributed to your Wallet, what you purchase is the cryptographic asset recorded on the Polygon Network, rather than the Artwork that is associated with it, together with the PGN License. Purchasing the NFTs does grant you commercial ownership of the Artwork, nor the Intellectual Property over the Artwork or the PGN source materials. Subject to these Terms, the Holders with a license associated with their NFTs can use the rights granted for commercial purposes.
7. PGN License
Your purchase of an NFT during the presale and public sale comes with a sole license to use the Artwork associated with your NFT for commercial purposes, including to create certain derivative works based on such Artwork (βPGN Licenseβ). The PGN License is uncapped, meaning that there is no limit to the amount of revenue you may generate using the Artwork that is associated with your NFT, for as long as you remain the Holder of that NFT. We are committed to building a thriving community around sustainable values. Therefore, please refrain from using the Artwork (i.e. the PGN associated with your NFT) in connection with any violent, improper or toxic purpose. The PGN License covering an Artwork shall automatically cease and be deemed revoked as soon as that Artwork is used for or in connection with an immoral and/or offensive purposes, or in a manner that is otherwise damaging to the PGN brand and community. Importantly, please note that we retain the right to use all Artworks to promote the project and incorporate any PGN (including yours) in future initiatives. Any such initiative will focus on increasing awareness around the project, providing our collectors with value, and promoting the overall success of the PGN community.
8. Transfer of NFTs
All transfers (including the sale) of the 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 NFT and the new Holder in receipt of such NFT. You may transfer and/or sell the NFTs using reputable marketplaces and platforms that are compliant with any applicable law and/or regulation, and capable of verifying and certifying the ownership of the NFTs, provided that the transfer of the NFTs through such marketplaces and platforms does not alter the desired functioning of the Smart Contract that governs the NFTs. You shall not transfer the NFT in a manner that is intended to interfere with the desired functioning of the Smart Contract governing the NFTs, including any use intended circumvent the application of Royalties. The PGN License transfers together with the NFT. Therefore, if you transfer ownership to a new Holder, you will stop benefitting from the rights granted under the PGN License as these would transfer to the new Holder of the NFT being the new subject benefitting from the PGN License. You shall cease immediately any use (whether commercial or not) of the Artwork associated with the transferred NFT upon transfer.
9. What is NOT granted to you under the PGN License
We retain all rights to the PGN logo and all other PGN Intellectual Property (βPGN Materialsβ). You have a limited right to use such PGN Materials as they are incorporated in the Artwork associated with your NFT, but this is limited to using them only to the extent necessary to reproduce the Artwork, and result in an unaltered reproduction of the PGN Materials. You shall not use the PGN Materials, whether for commercial or non-commercial purposes, for any other purpose.
10. NFTs are NOT Intended as Investments
Please be aware that the NFTs are only intended and offered as collectibles, and that the NFTs do not represent an investment, nor grant any right to perceive financial benefits or governance over the project or the Company. Note that the NFT market is highly volatile, and that your NFT may lose all value.
11. What are you responsible for?
As a Holder, you are solely responsible for the safety of the NFTs that are attributed to your Wallet, including the proper management and safety, including the implementation of relevant security measures, of any Wallet used to store the NFTs. As mentioned throughout these Terms, please note that the decentralized nature of distributed ledger technology (such as the Polygon 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 entirely responsible for any costs, and tax liability which may arise out of or in connection with the Mint, use and/or transfer (including the sale) of the NFTs and/or the use (whether commercial or not) of the Artworks associated with your NFTs.
12. Linking to our site
You may not frame, embedd, copy our site on any other listed site bu us, 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 (b) you do not suggest endorsement or association on our part (unless we agreed to it in writing). (c) We reserve the right to withdraw the linking permission without notice.
13. Personal Information
Any and all personal information will be collected and processed in accordance with our privacy policy, found at http://peanutglorynation.com/privacy
14. External links
Where our site contains links to other sites 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 site s or information you may obtain from them. We have no control over the contents of those sites or resources.
15. Disclaimer
You hereby agree that we (and any of our affiliates) shall not be liable or otherwise responsible for any loss, damage or claim (whether under contract or tort law) relating to or resulting from:
(1) the decentralized nature of distributed ledger technology and the Polygon Network;
(2) your use of your Wallet and/or any weakness and or defect in the security of your Wallet;
(3) 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 NFTs;
(4) any malicious act carried out by bad actors resulting in your loss of the NFTs;
(5) any product, service, or experience designed by third-parties accessible through the use of the NFTs (regardless of whether such offering is offered with or without our permission);
(6) any use of the PGN License that is not made in accordance with the Terms;
( 7) any use of the NFT and/or the PGN License contravening these Terms or otherwise exceeding the rights granted to you by us under these Terms.
16. Weaver We make no representation, and provide no warranties (whether expressed or implied) in relation to any use of the NFTs and the Artworks associated with the NFTs, including, trading reselling, auctions, swapping, yield, store, lock, and or the availability of the Artworks NFT, particularly where the Artworks and/or the NFTs become unavailable due to a failure of the Polygon or any used Network, the marketplaces and platforms through which you display the Artworks associated with your NFTs, and/or any other infrastructure on which the NFTs and the Artworks rely on for the proper functioning. Our maximum aggregate liability is set on nihil (whether under contract or tort) with a maximum non negotiable compensation worth β¬25.
17. 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 authorize 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.
18. Governing law and Jurisdiction
The Terms represent and agreement between you (in your capacity of Holder) and the Company, which shall be governed by, construed, and enforced under the laws of The Netherlands without regard to any choice or conflict of laws rules. You hereby irrevocably agree that the courts of The Netherlands in the Hague 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.
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