Welcome to MintClub, Inc.’s (“MintClub
” and “our
”) online website (including all content and functionality available through the https://mintted.io/
domain name, the "Site
"). Through our Site, you (the terms “you
”, and “yours
” refers to any and all Users) are provided with access to the Platform and related data, content, documentation and information in connection with our Services, all subject to the terms of this Agreement.
”); (C) THE TERMS AND CONDITIONS OF OUR MEMBERSHIP TERMS, WHICH CAN BE FOUND AT https://mintted.io/terms-of-service (THE “MEMBERSHIP TERMS
”); AND (D) IF APPLICABLE, THE CREATOR AGREEMENT (AS DEFINED HEREIN). IF YOU DO NOT AGREE TO THE TERMS OF THE MINTCLUB AGREEMENTS, YOU DO NOT HAVE OUR AUTHORIZATION TO USE ANY OF THE SERVICES AND YOU MAY NOT ACCESS OR USE ANY PORTION OF THE SITE.
We may modify this Agreement at any time, and such modification shall be effective immediately upon either posting of the modified Agreement or notifying you. You agree to review this Agreement periodically to ensure that you are aware of any modifications, and you agree that your continued access or use of the Site and/or Services shall be deemed your conclusive acceptance of the modified Agreement.
- “Account” means an account created by you through our Site in order to register for the use of our Services.
- “Affiliates” means MintClub’s officers, directors, employees, contractors, agents, information providers and suppliers.
- “Agreement” means this Terms of Services agreement.
- “Complaints” means a User’s inquiries, questions, concerns, complaints and comments regarding Creator’s Content.
- “Content” means the entire contents displayed on the Site.
- “Creator” means a User that creates memberships for the purchase of such Creator’s Content.
- “Creator Agreement” means a separate agreement and all accompanying documents and exhibits to be entered into by and between a Creator and MintClub detailing Creator’s use of the Services and any applicable fees.
- “Creator’s Content” means all Digital Designs and Merchandise made available by Creator through the Platform.
- “Creator’s Policy” means a clear and concise written policy detailing (a) the pricing and cost of each item of such Creator’s Content, and (b) the Creator’s policy and instructions for any refund, exchange and/or return of Creator’s Content.
- “Digital Designs” means any and all digital artwork, photographs, drawings, text, media files, and NFTs that a Creator sends to MintClub through the Platform.
- “Fan(s)” means a User who supports a Creator by engaging with such Creator, following such Creator’s Account and/or purchasing such Creator’s Content.
- “Material” means any and all materials that you download from the Site including, but not limited to, any documentation, text, software, photos, video, graphics, and music, sound or other multimedia files that might accompany it.
- “Merchandise” means all non-digital products that Creator makes available to Fans through the Platform.
- “NFT(s)” means non-fungible tokens.
- “Platform” means, collectively, our proprietary technology and software accessible through the Site.
- “Services” means all services provided by MintClub through the Site and Platform including allowing (a) Creators to (i) create, manage, sell, and transfer Memberships, (ii) interact with Fans, and (iii) submit, sell, and transfer Creator’s Content; and (b) Fans to (i) interact with Creators, (ii) receive, purchase, hold and use Memberships, and (iii) purchase Creator’s Content.
- “Membership(s)” means virtual memberships created by, and which are unique to, a specific Creator for use solely with such Creator’s Content.
- “Ticket-holder” means a User that has purchased, received or holds Ticket(s).
- “User” means any and all users of the Site and/or Services and includes Creators, Fans and Ticket-Holders.
PROPRIETARY RIGHTS; GRANT OF LIMITED LICENSE.
- Proprietary Rights. The Content has copyrighted protection as a collective work under the laws of the United States and other copyright laws. MintClub is the sole exclusive owner of the Content. There may be collective work that is the property of other third parties and such collective work is also protected by copyright and other intellectual property laws. You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of the Site only for non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Site. You agree not to use any MintClub logo or any other proprietary graphic or trademark without our express written consent. As between the parties, title, ownership rights, and intellectual property rights in the Content, and any copies or portions thereof, shall remain in MintClub and/or its content providers. Third-party trademarks, service marks and logos contained in the Site are owned and licensed by their respective owners. Any and all rights not expressly granted herein are reserved.
- Grant of Limited License. Your access to the Services is licensed and not sold. Subject to the terms of this Agreement, and upon registering for your Account, MintClub hereby grants you a revocable, non-exclusive, non-transferable account enabling you to access and use the Services and the Site. All the Content that is made available to view and/or download in connection with the Site is owned by and is the copyrighted work of MintClub and/or its suppliers and is licensed, not sold. You do not have the right to lend, lease, rent or sublicense the Site and/or the Content. Your use of the Services (including the use of Materials) is governed by the terms of the MintClub Agreements. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and Services, and to block or prevent future access to and use of the Site and Services. You are not permitted, directly or indirectly, and the foregoing license grant does NOT include the right for you to (a) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media; (b) market, sell or make commercial use of the Site or any Material; (c) systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; (d) make derivative uses of the Site or the Material; or (e) use, frame or utilize framing techniques to enclose any portion of the Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).
- If you use this Site and the Services, you are responsible for registering for an Account. You may register for an Account by providing us with the required information as prompted or by allowing us to access your name and other profile information through existing accounts you may have on sites such as Google or on social networking websites, such as Facebook (collectively, the “SN Websites”, and each of your SN Website profile, a “SN Website Profile”). You agree to (a) provide true, accurate, current and complete information about yourself when registering for an Account, including any credit card information (your “Credit Card”); (b) maintain and promptly update your Account to keep it true, accurate, current and complete; (c) review the fees, if any (the “Fees”), to be charged for your use of the Services; (d) authorize MintClub and its affiliates to charge your Credit Card for any and all Fees incurred by you; (e) restrict access to your Account by others; and (f) to accept responsibility for all activities that occur under your Account. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Site (or any portion thereof) and Services. You may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible for third party access to your Account that results from theft or misappropriation of your Account. MintClub and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
- User Representations.
- You represent and warrant to MintClub that you (a) will maintain the security of your user identification, password and other confidential information relating to your Account; (ii) will maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Site; (c) will maintain all charges resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to you notifying us in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) are authorized, or have the permission of the authorized signatory of the Credit Card provided to us, to pay any Fees incurred from the use of the Site and/or the Services through your Account; (e) will comply with the terms as set forth in the MintClub Agreements; (f) will comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Site and Services; (g) are over the age of eighteen (18) and have the power, authority or consent to enter into and perform your obligations under the Agreement; and (h) all information provided by you to us is yours and is truthful, accurate and complete.
- You further warrant, represent and agree that you will not use the Site or Services in a manner that (a) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (b) violates any law, statute, ordinance or regulation; (c) you should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, fraudulent, deceptive, or misleading or otherwise objectionable; (d) adversely affects or reflects negatively on MintClub’s goodwill, name or reputation or causes duress, distress or discomfort to MintClub or anyone else, or discourages any person, firm or enterprise from using all or any portion, feature, or function of the Site, or from advertising, liking or becoming a supplier to use in connection with the Site; (e) send or result in the transmission or junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming”; (f) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horse, spyware, or other potentially harmful programs or other material or information; (g) falsely report to an employee or agent of MintClub; (h) circumvent, disable or otherwise interfere with security-related features of the Site or its features that prevent or restrict use or copying of any content; (i) intercept or attempt to intercept communications of any kind not intended for you; (j) stalk or harass any other User; and/or (k) except as otherwise permitted hereunder, causes the Site to be used for commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other Site or web pages.
- User’s Restrictions.
- You are not permitted, directly or indirectly, to (a) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written consent of MintClub and/or the copyright owner; (b) distribute, display, rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content, in whole or in part; or (c) remove any proprietary notices or labels on the Content.
- Use of the Services.
- Creators. In using the Services and Site as a Creator, the Platform allows you to create, manage, sell, and/or transfer your Memberships in addition to permitting you to sell your Creator’s Content to Users. Users may purchase your Memberships in order to, among other things, obtain access to you, interact with you, purchase your Creator’s Content and/or vote on matters that you submit to Fans. As a Creator, you represent and warrant that (a) all of your Creator’s Content is of your own original work and does not infringe, misappropriate or violate the intellectual property rights, proprietary rights or privacy rights of any third party; (b) you will properly manage and keep an accurate accounting record of each revision, modification or change to your Creator’s Policy which is posted for Users (the “Accounting Record”); (c) you will provide MintClub with a copy of the Accounting Record upon request for the purpose of determining your compliance with this Agreement; and (d) you will not use any part of the Site and/or Services to harass, stalk, invade the privacy of or otherwise cause any type of harm, damage or injury, including bodily injury, to any other User (collectively, the “Damages”). You further represent, warrant and agree that (a) you will enter into and abide by the Creator Agreement; (b) you will promptly respond to all Complaints submitted to you by any User referring to, relating to or in connection with your Creator’s Content, Creator’s Policy and/or your Memberships; (c) you will create and provide Fans with, and adhere to, your Creator’s Policy; (d) you will provide clear instructions and contact information to your Fans as to how to contact you if they have any Complaints; (e) you will notify your Fans of any changes, modifications or changes to your Creator’s Policy; (f) you will abide by the pricing of your Creator’s Policy then in effect; (g) you will be solely responsible for handling and resolving any and all disputes between you and any other User referring to, relating to or in connection with your Creator’s Content, your Memberships and/or your Creator’s Policy (collectively, a “User Dispute”); (h) you are solely responsible for any Damages you or your Creator’s Content causes to any other User; and (i) MintClub and its Affiliates will in no event be responsible or liable to you for any and all costs incurred by you in connection with any Complaints or a User Dispute.
- Fans. In using the Services and Site as a Fan, you will be permitted to purchase Memberships made available by Creators and redeem such Memberships to, among other things, interact with Creators and purchase Creator’s Content. As a Fan, you represent, warrant and agree that (a) you will not use any part of the Site and/or Services to harass, stalk, invade the privacy of or otherwise cause any Damagers to any other User; (b) any and all questions, comments, concerns or inquiries referring to, relating to or in connection with a Creator’s Content, Creator’s Memberships and/or the Creator’s Policy will be addressed directly to such Creator and not to MintClub or its Affiliates; (c) you will adhere to any Creator’s Policy as posted; (d) any and all User Disputes will be addressed directly to such Creator and not to MintClub or its Affiliates; (e) you are solely responsible for any Damages you cause to any other User; and (f) MintClub and its Affiliates will in no event be responsible or liable to you for any and all costs incurred by you in connection with your Complaints or your User Dispute.
- Disputes. You understand and agree that we act solely as a Platform for the Services and that we are not responsible for and will not handle any Complaints and/or User Disputes. If we are required to participate in any User Dispute for any reason or if you, as either a Creator or Fan, intend to obtain an order from any arbitrator or any court that might direct MintClub or our Affiliates to take or refrain from taking any action in connection with a User Dispute, you will (a) give us at least five business days’ prior notice of any related hearing; and (b) include in any such order a provision that the losing party in any User Dispute will be responsible and liable for paying any fees and costs, including our attorney’s fees, incurred by us in connection with our participation, involvement or attendance at such Hearing or in such User Dispute.
MintClub reserves complete and sole discretion with respect to the operation of the Site. We may, among other things: (a) delete any private messages, if applicable, if it has not been accessed by a User within the time established by our policies; (b) subject to Section 2, make available to third parties information relating to the Users; and (c) withdraw, suspend or discontinue any functionality or feature of the Site.
At times we may allow you to provide us with comments and feedback through the Site. Any such comments or ratings you provide through the Site will collectively be referred to as “Feedback”. By providing Feedback to us, you automatically grant to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to us. You further acknowledge and agree that your name and/or likeness may be associated with your Feedback and posted on the Site, and you hereby grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use your name and/or likeness in association with your Feedback. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. You further acknowledge and agree that no compensation will be paid with respect to the use of your Feedback, as provided herein, and that we may remove any Feedback we post on the Site at any time in our sole discretion. Further, when you provide Feedback, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such content on the Site.
CONTENT AND GENERAL DISCLAIMERS
- General Disclaimer. THE SITE IS PROVIDED BY MINTCLUB ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS. WE CANNOT AND DO NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE, IF ANY, WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. WE DO NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. WE MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON. ALTHOUGH WE HAVE ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION.
- Informational Purposes Only. Any opinions expressed on the Site or are the personal opinions of the original author and not of MintClub, even though the original author may be employed by us. The Content is provided for informational and entertainment purposes only and is not an endorsement or representation by MintClub or any other party. We do not assume any responsibility or liability for any opinion or other commentary posted on the Site (as applicable), or any third party website linked to the Site and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the Content.
- Disclaimer of Third Party Information. You understand that when using the Site, you may be exposed to third party content from a variety of sources, and that MintClub is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such third party content. You further understand and acknowledge that you may be exposed to third party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MintClub with respect thereto.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MINTCLUB AND OUR AFFILIATES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT, BREACH OF YOUR REPRESENTATIONS CONTAINED HEREIN, OR ANY ACTIVITY RELATED TO YOUR USE OF SERVICES (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).
WAIVER AND RELEASE
YOU AGREE THAT NEITHER MINTCLUB NOR OUR AFFILIATES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH (A) YOUR USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS; (B) YOUR PURCHASE OR USE OF ANY CREATOR’S CONTENT; AND (C) ANY MISLABELING, MISREPRESENTATION OR INACCURATE INFORMATION PROVIDED BY A CREATOR REGARDING SUCH CREATOR’S CONTENT (COLLECTIVELY, THE “RELEASED CLAIMS”). YOU SPECIFICALLY ACKNOWLEDGE THAT MINTCLUB AND OUR AFFILIATES SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST MINTCLUB AND OUR AFFILIATES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF MINTCLUB OR OUR AFFILIATES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH THE RELEASED CLAIMS.
- NOTWITHSTANDING THE ANYTHING TO THE CONTRARY HEREIN, MINTCLUB AND OUR AFFILIATES WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF MINTCLUB MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SITE IS CONTROLLED AND OFFERED BY MINTCLUB FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. MINTCLUB MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
- YOU AGREE THAT MINTCLUB AND OUR AFFILIATES HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO THE RELEASED CLAIMS.
- CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT NOTIFICATION
We respect the intellectual property rights of others. You can notify us of possible copyright infringement, and we will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:
- A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number, and email;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act ("DMCA"). Claims can be directed to us at firstname.lastname@example.org or to MintClub Inc., 3740 Mandeville Pl., Orange, CA 92867, USA.
TERM AND TERMINATION
You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and not to export, or allow the export or re-export of the Material in violation of any such restrictions, laws or regulations. By downloading or using the Material, you are agreeing to the foregoing, and you are representing and warranting that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.
We may deliver notices to you under this Agreement by means of electronic mail or a general notice on the Site. You may give notice to MintClub at any time via electronic mail to the Site at the following address email@example.com.