Please read these terms and conditions ("Terms") carefully before accessing or participating in the purchase and ownership of non-fungible tokens ("NFTs") from the NFT Collections ("Minfolk, Mindlings and any other NFTs that are associated with the Mindfolk brand"). By accessing or participating in the Collections, you acknowledge and agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or participate in the Collections.
1.1. Ownership of NFTs: The NFTs in the “Mindfolk” Collections represent unique digital artwork and are sold as part of an art project. By purchasing an NFT from the “Mindfolk” Collections, you acquire a limited, non-exclusive, revocable license to display and enjoy the artwork represented by the NFT on compatible platforms.
1.2. Purchase Eligibility: To purchase an NFT from the “Mindfolk” Collections, you must be of legal age according to your jurisdiction. By participating in the “Mindfolk” Collections, you represent and warrant that you meet the eligibility requirements and agree to provide accurate and complete information during the purchase process.
1.3. Purchase Process: The purchase process for NFTs in the “Mindfolk” Collections will be conducted through a designated platform. You agree to comply with the terms and conditions of the platform when participating in the purchase and sale of NFTs.
2.1. No Warranties: The NFTs in the “Mindfolk” Collections are sold on an "as is" basis. The creator of the “Mindfolk” Collections and any associated parties make no warranties, expressed or implied, regarding the NFTs, including but not limited to their quality, value, merchantability, fitness for a particular purpose, or non-infringement.
2.2. No Liability for Losses: The creator of the “Mindfolk” Collections and any associated parties shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to the purchase, ownership, or use of the NFTs, including but not limited to any financial loss, lost profits, or loss of data.
3.1. You agree to indemnify, defend, and hold harmless the creators of the “Mindfolk” Collections, their affiliates, and any associated parties from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with your purchase, ownership, or use of the NFTs, or any violation of these Terms.
3.2. Foreign Laws: You acknowledge that foreign laws do not apply to the terms and conditions of this agreement outside of South Africa.
4.1. The NFTs in the “Mindfolk” Collections are sold and marketed solely as artistic creations and not as securities or investment opportunities. You acknowledge and understand that the purchase of NFTs does not grant you any ownership rights, shares, dividends, or profit-sharing in any business or entity.
5.1. You and the creators of the “Mindfolk” Collections agree that any disputes, controversies, or claims arising out of or relating to the purchase, ownership, or use of the NFTs shall be resolved on an individual basis. You expressly waive any right to participate in any class action lawsuit or class-wide arbitration.
6.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.
6.2. Entire Agreement: These Terms constitute the entire agreement between you and the creators of the “Mindfolk” Collections, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between the parties.
6.3. Survival: The terms and conditions of this contract shall survive any termination or expiration of the purchase and ownership of NFTs from the “Mindfolk” Collections. Any provisions that, by their nature, are intended to survive termination, including but not limited to the limitation of liability, indemnity, non-security disclaimer, and class action waiver, shall continue to apply to the fullest extent permitted by law.
By participating in the purchase and ownership of NFTs from the “Mindfolk” Collections, you acknowledge that you have read, understood, and agreed to these Terms and Conditions, including the survival provision.
7.1. You have the option to transfer your NFTs from the “Mindfolk” Collections to an NFT trading platform for further trading or exchange.
7.2. When transferring NFTs to an NFT trading platform, you agree to comply with the terms and conditions of the trading platform. It is your responsibility to carefully read and understand the terms and conditions of the trading platform before initiating any transfers or engaging in transactions.
7.3. You acknowledge and agree that the creators of the “Mindfolk” Collections and any associated parties are not responsible for any transactions or liabilities that may arise between you and any third parties on the NFT trading platform.
7.4. Any disputes, claims, or issues related to transactions or interactions with third parties on the NFT trading platform shall be solely between you and the relevant third party. You release the creators of the “Mindfolk” Collections and any associated parties from any and all liability arising from such transactions or interactions.
8.1. The team associated with the NFT Collection may create an SPL token on the Solana blockchain ("$WOOD") that is intended to be used exclusively within a game developed by the team ("Minding Quest").
8.2. You acknowledge and agree that the Token is solely designed for in-game use and is not intended to be a security or have any value outside of the Game ecosystem.
8.3. The Token does not grant you any ownership rights, shares, dividends, or profit-sharing in any business or entity. It is not intended to be a form of investment or financial instrument.
8.4. The team associated with the NFT Collection and any associated parties are not responsible for the value, transferability, or liquidity of the Token outside of the Game ecosystem.
8.5. You understand that the Token has no intrinsic value and its sole purpose is to facilitate participation and interaction within the Game. The team associated with the NFT Collections reserves the right to manage, modify, or terminate the functionality of the Token within the Game at their sole discretion.
9.1. You acknowledge and agree that the purchase, ownership, and use of NFTs from the “Mindfolk” Collections involve inherent risks. By participating in the “Mindfolk” Collections, you assume all risks associated with your actions and transactions.
9.2. Entertainment Purposes: You understand and acknowledge that the NFTs from the “Mindfolk” Collections are created solely for entertainment purposes. They are not intended to represent real-world assets, securities, or investment opportunities.
9.3. Volatility of Crypto Market: You understand and acknowledge that the crypto market, including the market for NFTs, is highly volatile. The prices of NFTs may fluctuate significantly, and there is a risk of loss of value. You agree that any decision to purchase or sell NFTs is made at your own risk.
9.4. Other Risks: You further acknowledge and understand that there may be additional risks associated with the purchase, ownership, and use of NFTs, including but not limited to technological risks, regulatory risks, hacking risks, and third-party platform risks.
9.5. Sufficient Information: You represent and warrant that you have obtained sufficient information and have conducted appropriate due diligence to understand the risks involved in the purchase, ownership, and use of NFTs from the “Mindfolk” Collections. You acknowledge that the responsibility for assessing and managing these risks lies solely with you.