Terms of Service
1. ACCEPTANCE AND LEGAL BINDING
These terms and conditions (“Terms and Conditions”) will be applicable in the relation between you and Arketip Yazılım ve Danışmanlık Ltd. Şti. (“Miner Ape Pool”, “we” or “us”). By accessing and using our website, you accept and agree to be legally bound by Terms and Conditions. Whether you are registered user or guest, Terms and Conditions will be applicable to our services (“Services”) that we provide. Services will be interpreted Miner Ape Pool's websites, content, tools, apps, functionality, and other services. You are kindly requested to read all Terms and Conditions before using our Services. Should you do not want to be bound by Terms and Conditions, you must not continue to use our services. All our services are only available to users / guests older than 18 years. If you are under age, you are not allowed to use Services, further should you use Services you expressly represent and warrant that you are older than 18 years.
2. OWNERSHIP, FEES & PAYMENT
I) The very ownership of NTF belongs to you. Every Miner Ape is an NFT on the Ethereum blockchain. At the point when you buy an NFT, you own the fundamental Miner Ape, the Art, totally. Responsibility for NFT is intervened totally by the Smart Contract and the Ethereum Network: never may we seize, freeze, or in any case change the ownership for Miner Ape.
II) All pricing and payment terms are as set forth on the Site and our other platforms, and any payment obligations you incur are binding at the time of purchase. However, our project offers you an exclusive specialty as 100% refundable notwithstanding the taxes, fees, and other expenses incurred. We reserve a right to revoke and cancel the implementation of this refund policy effective immediately from the publication date. You address and warrant that any acquisition of a digital collectible by you is exclusively for your own assortment, use, and happiness, and not for speculative or venture purposes, for use as a substitute for money or other vehicles of trade, or for resale or rearrangement. You recognize and comprehend that by buying a digital collectible you are not getting any value or other proprietorship or benefit-sharing interest in Miner Ape Pool, or any of its partners or any brand or other undertaking.
III) Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction.
IV) Assuming you choose for buy a Miner Ape through the Site, any pecuniary exchanges that you participate in will be led exclusively through the Ethereum organization. We will have no knowledge into or command over these installments or exchanges, nor do we can turn around any exchanges. We will have no risk to you or to any outsider for any cases or harms that might emerge because of any exchanges that you draw in or whatever other exchanges that you lead by means of the Ethereum organization.
V) Phases regarding the process of our project listed on our website under Roadmap section may be subjected to a certain number of purchases of Miner Apes. For the avoidance of doubt, we reserve a right to not move into another phase until enough purchases of Miner Ape are realized.
LEGISLATIVE OR REGULATORY CHANGES AT THE STATE OR INTERNATIONAL LEVEL MAY ADVERSELY AFFECT THE USE, TRANSFER, OR EXCHANGE OF THE DIGITAL COLLECTIBLES.
3. OBLIGATIONS OF USER/GUESTS
You are solely responsible for your own conduct while accessing or using the Site, and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to:
(I) send, transfer, disperse or scatter any unlawful, disparaging, bothering, harmful, deceitful, scornful, savage, revolting, or in any case shocking substance;
(II) appropriate infections, worms, deserts, Trojan horses, tainted documents, lies, or some other things of a damaging or misleading nature;
(II) imitate someone else;
(IV) transfer, post, communicate or in any case make accessible through the Site any happy that encroaches the protected innovation or restrictive freedoms of any party or in any case disregards the legitimate privileges of others;
(V) participate in, advance, or empower criminal behavior (counting, without limit, tax evasion);
(VI) slow down other clients' utilization of the Site;
(VII) utilize the Site for any unapproved business reason;
(VIII) change, adjust, decipher, or pick apart any piece of the Site;
(IX) eliminate any copyright, brand name or other exclusive privileges sees contained in or on the Site or any piece of it;
(X) utilize any innovation to gather data about the Site's for any unapproved reason;
(XI) access or utilize the Site to make an item or administration that is serious with any of our items or administrations.
In the event that you participate in any of the exercises restricted by this Section, we may, at our sole and outright prudence, without notice to you, and without restricting any of our different freedoms or cures at regulation or in value, quickly suspend or end your client account.
4. MODIFICATIONS OF TERMS
We may update these Terms and Conditions from time to time for convenience. Should any modifications take place these modifications will be applicable immediately after they are posted on the website. You are required to control the changes in Terms and Conditions and your continuous use of Services will be interpreted that you agree to be bound by these changes in Terms and Conditions.
5. DISCLAIMERS
I) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK, AND THAT THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE WILL BE ACCURATE, (III) THE SITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE WILL BE SECURE.
II) YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILLFULL MISCONDUCT.
III) WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK NOR DO WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES REGARDING ANY SMART CONTRACTS.
6. LIMITATION OF LIABILITY
I) YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
II) YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $500.
III) YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SITE AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. WE WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU WITHOUT THESE LIMITATIONS.
7. ASSUMPTION OF RISK
Each of the following is accepted and acknowledged by you:
I) If you decide to sell your Miner Ape NFT, keep in mind that NFT prices are quite volatile, and movements in the pricing of other NFTs might have a favorable or negative impact on the price of your Miner Ape. NFTs like Miner Ape should not be considered an investment because to their volatility. You are solely responsible for all hazards associated with that connection.
II) Owning a Miner Ape only gives you ownership of digital artwork. As a result, no information on this Site (or any other documents linked to it) is or should be construed as investment advice or an offer to enter into a contract for any reason. Furthermore, nothing on this Site qualifies or is intended to qualify as a security offering in any country, nor does it represent an offer or invitation to buy shares, stocks, or other financial instruments. Miner Ape Pool has not been registered or approved by any regulator in any jurisdiction due to the creative nature of the project. It is solely your responsibility to ensure that your purchase of the Miner Ape and any accompanying art complies with local laws and regulations.
III) You assume all risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software, and Internet connections failing, the risk of malicious software being introduced, and the risk of third parties gaining unauthorized access to information kept in your wallet.
IV) Considering NFTs, cryptocurrencies, and blockchain technology are new, the regulatory landscape is still evolving. New rules may have an adverse effect on these technologies, decreasing the price of your Miner Ape. In that sense, you are aware of and accept all risk.
V) You are solely responsible for any negative consequences resulting from any disruptions or other difficulties affecting Ethereum or the Ethereum platform.
8. INDEMNIFICATION
You agree to hold harmless and indemnify us and our subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys' fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the Site, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Site.
9. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement and any non-contractual obligations arising from or connected with it shall be governed by Turkish law and this Agreement shall be construed in accordance with Turkish law. In relation to any legal action or proceedings arising out of or in connection with this Agreement (whether arising out of or in connection with contractual or non-contractual obligations) (“Proceedings”), each of the Parties irrevocably submits to the exclusive jurisdiction of the Istanbul Anadolu courts and waives any objection to Proceedings in such courts on the grounds of venue or on the grounds that Proceedings have been brought in an inappropriate forum. Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction.
10. ENTIRE AGREEMENT
The Terms of Conditions and our Privacy Policy constitute the sole and entire agreement between You and Miner Ape Pool, regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.