x0r Terms of Service
Last Updated: May 7, 2022
Welcome to x0rart.com (“x0r”, “we”, “us”). X0rart is a collection of NFT’s created as art by x0r and made as collectibles and for general enjoyment for anyone that comes across them! Before accessing any of our websites please read these Terms of Service (“Terms”) carefully.
These Terms are entered into between you and x0r. These terms expressly incorporate any other documents referenced herein and govern your access to and use of the site (s) www.x0rart.com mevarmy.x0rart.com, mevbanners.x0rart.com (collectively, the “Site”), as well as all content, functionality, and services offered on or through the Site (collectively with the Site, the “Services”).
You are solely responsible for your use of the x0r’s NFT collection (x0r NFTs collectively, “x0r Collectible”), and you understand that x0r has made no representation that the x0r collectibles will meet any specific purpose.
1. Eligibility
You must be at least 13 years of age to access the Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 or the age of legal majority, you agree to be fully responsible for the acts or omissions of the user in relation to the Services.
2. Modifications
We may modify part or all of the Services without notice, and we may update these Terms at any time.
3. Ownership
Unless otherwise indicated in writing by us, the Site and Services, all content and other materials contained therein, including without limitation, our logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively “Site Content”) are the proprietary property of x0r and our affiliates, licensors, or users as applicable. The x0r logo and any x0r product or service names, logos, or slogans that may appear on the Services or somewhere else are property of x0r and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, the look and feel of the Site Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of x0r and may not be copied, imitated, or used, in whole or in part, without our prior written permission. The 3D layer files and the ability to mint 3D or voxel other versions of x0r Collectibles are all the intellectual property of x0r.
None of the x0r Collectible content is meant to confer any additional benefit to the owner of the x0r Collectible. Neither x0r or any third party has any obligation to provide any additional benefit, and neither x0r or any third party will have any responsibility or liability for, arising out of, or relating to any additional benefits.
4. X0r Collectibles.
You represent and warrant that any purchase of a x0r Collectible by you is solely for your personal collection, use and enjoyment, and not for speculative or investment purposes, for use as a substitute for currency or other medium of exchange.
You acknowledge and understand that by purchasing a x0r Collectible you are not acquiring any equity or other ownership or profit-sharing interest in x0r, or any of its affiliates or any brand or other business venture.
LEGISLATIVE OR REGULATORY CHANGES AT THE STATE, FEDERAL OR INTERNATIONAL LEVEL MAY ADVERSELY AFFECT THE USE, TRANSFER, OR EXCHANGE OF THE X0R COLLECTIBLES.
5. X0r Collectibles Purchased Through Third Party Platforms
X0r Collectibles can only be purchased through third party platforms (for example, OpenSea) (the “Third Party Platform”). You will be required to create an account with the Third Party Platform and by doing so, you are agreeing to comply with their terms of service. X0r will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions or services hosted by these Third Party Platforms.
6. X0r Collectibles Purchased through Site
We do not offer a hosted digital wallet on the Services. You will be required to link a supported blockchain-based digital wallet (“Supported Wallet”) provided by supported third-party unhosted wallet providers (“Supported Wallet Provider”). By connecting your Supported Wallet and minting an NFT with our smart contract you have purchased a x0r Collectible. We will deliver any x0r Collectibles that you purchase from us directly to your Supported Wallet and you will be responsible for safekeeping the passwords and keys associated with your Supported Wallet. We will not be able to recover purchased x0r Collectibles for you in the event that you lose access to your Supported Wallet account or under any other circumstances.
Each Supported Wallet Provider is a third-party company that offers unhosted digital wallet products and services. We are not in any way affiliated or partnered with Supported Wallet Providers. Your use of each Supported Wallet Provider’s products and services is subject to its applicable terms of service. We will not be liable to you for any loss that results from your use of a Supported Wallet Provider’s products and services, including Supported Wallets.
All pricing and payment terms are as set forth on the Services, and any payment obligations you incur are binding at the time of purchase. All sales are final. Unless otherwise required by applicable law, we will not provide a refund on any purchase.
7. Linking Your Supported Wallet
When you link your Supported Wallet, you understand and agree that you are solely responsible for maintaining the security of your Supported Wallet and your control over any Supported Wallet-related authentication credentials, private or public cryptocurrency keys, non-fungible tokens or cryptocurrencies that are stored in or are accessible through your Supported Wallet. Any unauthorized access to your Supported Wallet by third parties could result in the loss or theft of x0r Collectibles and/or funds held in your wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). We are not responsible for managing and maintaining the security of your Supported Wallet nor for any unauthorized access to or use of your Supported Wallet. If you notice any unauthorized or suspicious activity in your Supported Wallet that seems to be related to the Services, please notify us immediately.
8. Terms of Sale
If you are the initial purchaser of the x0r Collectible then all amounts due are to be paid to x0r. If you are not the initial purchaser, then amounts are to be paid to the-then holder of the x0r Collectible. You also acknowledge and agree that x0r receives 0-10% of every subsequent sale of a x0r Collectible (“Royalty”) depending on the x0r Collectible. X0r has the right to collect Royalties for x0r Collectible sales in perpetuity and may use those funds in any manner x0r sees fit.
As such, if you sell a x0r Collectible on a third-party NFT marketplace, you agree to include a statement substantially similar to the following in the description of the NFT:
“0-10% Royalty Applies. See x0r Terms for details.”
9. Risks
Please note the following risks in accessing, purchasing, selling or using x0r Collectibles: The price and liquidity of blockchain assets, including x0r Collectibles, are extremely volatile and may be subject to large fluctuations. Fluctuations in the price of other digital assets could materially and adversely affect x0r Collectibles, which may also be subject to significant price volatility. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of x0r Collectibles. X0r Collectibles are not legal tender and are not backed by any government. Transactions in x0r Collectibles may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in x0r Collectibles shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction. The value of x0r Collectibles may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for x0r Collectibles, which may result in the potential for permanent and total loss of value of a particular x0r Collectible should the market for that x0r Collectible disappear.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding x0r Collectibles, including the suitability and appropriateness of, and investment strategies for, x0r Collectibles. You agree and understand that you access and use the Services at your own risk; however, these statements do not disclose all of the risks associated with x0r Collectibles and other digital assets. You agree and understand that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using x0r Collectibles however caused.
10. No Guarantees or Future Promises
X0r hopes to put out more content and create things in the future. When you purchase your x0r Collectible you agree that your purchase from our launch is all you are guaranteed to receive in exchange for your funds. Whether through primary or secondary channels, the art is what you receive. Any future benefits are ancillary to this purchase and not to be taken into consideration with your initial purchase. You agree that you are not relying on any future commitments by x0r.
11. X0r Collectibles Are Not Intended as Investments
X0r Collectibles are meant to be a NFT for you to collect. They are not meant as investment vehicles. We make absolutely no promise or guarantee that these NFT’s will be worth anything more than what you and the market deem the art to be worth. This could very well be zero. X0r Collectibles have no inherent monetary value, and should be treated as nothing more than a collectible
12. Taxes
You are entirely responsible for any tax liability which may arise from minting or reselling your x0r Collectible.
13. Disclaimers
THE SERVICES AND ANY SITE CONTENT CONTAINED THEREIN, AND ANY AND ALL X0R COLLECTIBLES LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. X0R (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES AND ANY X0R COLLECTIBLES WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICES. X0R DOES NOT REPRESENT OR WARRANT THAT SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND SITE CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES, SITE CONTENT, ANY X0R COLLECTIBLES LISTED ON OUR SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF X0R COLLECTIBLES INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; AND/OR (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES OR X0R COLLECTIBLES.
X0R COLLECTIBLES ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT X0R CAN AFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY X0R COLLECTIBLES.
We are not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the x0r Collectibles. X0r is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting x0r Collectibles including forks, technical node issues or any other issues having fund losses as a result.
The x0r Collectibles are transferable blockchain-based non-fungible tokens that evidence a limited license to x0r Collectibles, and, in some cases, a limited license to third-party content and/or to access additional benefits, that is exclusive to the owner and thereby collectible as a form of alienable digital property. Unlike cryptocurrencies and other fungible digital assets, non-fungible tokens are not used to make payments. Non-fungible tokens are not mutually interchangeable and cannot be divided into smaller parts. These design features limit the usefulness of non-fungible tokens as a form of payment or substitute for currency. Instead, non-fungible tokens are enjoyed as digital collectibles
Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL X0R BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICES, SITE CONTENT, X0R COLLECTIBLES, OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF X0R HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, SITE CONTENT, OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF X0R ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SERVICES, SITE CONTENT, AND/OR X0R COLLECTIBLE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU HAVE PAID TO X0R FOR THE SERVICES IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.
15. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless x0r and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees from and against any third party losses, liabilities, claims, demands, damages, expenses or costs arising out of or related to your access to or use of our Services
16. Dispute Resolution and Arbitration
Carefully read the following arbitration agreement ("Arbitration Agreement"). It requires you to arbitrate disputes with x0r and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Site, to any Services sold or distributed through the Site, including x0r Collectibles, or to any aspect of your relationship with x0r will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or x0r may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 9030 West Sahara Avenue, Suite 298 Las Vegas, Nevada 89117. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, x0r will pay them for you. You may choose to have the arbitration conducted by telephone or video conference or based on written submissions, or you may request to meet in-person for arbitration in Las Vegas, Nevada. You agree that any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and x0r. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. And you agree that to the extent monetary or non-monetary remedy or relief is granted, such request for relief may be enforced as needed by any court of competent jurisdiction.
Waiver of Jury Trial. YOU AND X0R HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and x0r are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as otherwise indicated in this Section 16 An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of Nevada. All other claims shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 9030 West Sahara Avenue, Suite 298 Las Vegas, Nevada 89117, within 30 days after first becoming subject to this Arbitration Agreement. You may also submit your decision to mb@x0rlabs.io. Your notice must include your name and address, the cryptocurrency wallet address you used to transact on this Site (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
17. Release
To the fullest extent permitted by applicable law, you release x0r and the other x0r parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to:
a. Disputes between users,
b. Acts or omissions of third parties, or
c. Anything else for which you have agreed that x0r will have no responsibility or liability pursuant to these Terms.
If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
18. Modifying and Termination our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
19. Governing Law
These Terms, your rights and obligations, and all actions contemplated by, arising out of or related to these Terms shall be governed by the laws of the State of Nevada, as if these Terms are a contract wholly entered into and wholly performed within the State of Nevada. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF NEVADA AND BE SUBJECT TO THE INTERNAL LAWS OF THE STATE OF NEVADA WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.
20. Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.