These are the terms and conditions on which we make Mutant Hound and Mutant Hound Collar NFTs available, please read them carefully. They explain:
- What Mutant Hounds and Collars are (Part 1)
- How to get a Mutant Hound using a Collar (Part 2)
- How you can use Mutant Hounds and Collars (Part 3)
- Other important terms and risks involved with NFTs (Part 4)
- Who we are and how to reach us (Part 5)
Part 2 applies to you if you use a Collar to secure a Mutant Hound. Parts 3 and 4 apply to all holders of Mutant Hounds and Collars (even if you bought it from someone else). Together, Parts 1-4 are referred to as the “Terms” in this document.
These Terms were most recently updated on: 25/01/2023
Part 1: What are Mutant Hounds and Collars?
The Mutant Hound collection includes 10,000 pieces of lore-driven digital artwork each associated with a unique NFT (“Mutant Hounds”) on the Ethereum blockchain.
In 2022 an initial collection of Mutant Hound Collar NFTs (the “Collars”) were minted. These are also associated with digital art (each is linked to its own collar artwork).
If you have a Collar, you can use it to get a Mutant Hound, as explained in these Terms. More information is available on our website: www.mutantdao.com/faq.
Part 2: Use your Collar to get a Mutant Hound
Follow the instructions on our website (www.mutantdao.com/mutant-hounds-lair) to connect your wallet and submit a mint transaction on the Ethereum blockchain, which will burn your Collar and generate your Mutant Hound (the “Mint”).
Ethereum applies a “gas” fee which you must pay directly to the network. Depending on the amount of gas you use, Mints may fail or take a while. We have no control over that. Your Mint is only accepted if you pay enough gas for the transaction to complete.
By initiating your Mint to request a Mutant Hound and burning your Collar, you agree to these Terms which form a binding contract between you and us.
Once burned, a Collar is destroyed forever. Consumers typically have a right to change their mind for a refund when buying services or digital content online, but by initiating a Mint you request that we begin the process immediately and acknowledge you cannot change your mind or cancel.
Once the Mint completes, your Mutant Hound, including details of the artwork assigned to it, will be sent to your wallet. Artwork is assigned to new Mutant Hounds on a random ad-hoc basis, and neither you nor us will know which you’ll get in advance.
Art for your Mutant Hound will normally be revealed as soon as the Ethereum network processes your Mint. However, some Mutant Hounds receive special treatment, with their art revealed in the coming weeks after burning, you’ll be informed about this if it applies. A contract is complete once you have received your Mutant Hound and its art is revealed.
Your rights & and what happens if something goes wrong?
If you are a consumer, we are under a legal duty to supply products and services in conformity with our contract with you. Nothing in these terms will affect your statutory consumer rights and if you buy something from us which is faulty or misdescribed you may have a legal right to end the contract (or to repair, replacement, or compensation).
You can ask us to repeat or fix a service if not carried out with reasonable care and skill or get some money back if we can't fix it. You're entitled to repair or replacement for faulty digital content, or to some or all your money back. If faulty digital content can't or won’t be fixed in a reasonable time without significant inconvenience, you may be entitled to some or all your money back. If you show a fault has damaged your device and we haven't used reasonable care and skill, you may also be entitled to a repair or compensation.
This Part 2 only applies if you purchase directly from us. Please refer to Part 5 for how to get in touch with us in the event of questions or concerns.
Part 3: How you can use Mutant Hounds and Collars
If you acquire a Collar or Mutant Hound, you do not own the associated artwork, which remains our property. However, we grant individual holders of Mutant Hounds or Collars certain rights over the artwork associated with their NFT (the “Art”) while they hold it.
In these Terms you “hold” an NFT while a wallet you control is recorded on the Ethereum blockchain as the current owner of that NFT.
Subject to your continued compliance with these Terms, if you hold a Collar or Mutant Hound, we grant you a worldwide, non-exclusive, revocable, royalty-free licence to use, copy, and display the associated Art (i.e. Art for the Collar or Mutant Hound you hold) as set out in the table below.
If you transfer your Mutant Hound or Collar out of your wallet, you lose all Holder Rights mentioned above, which will normally transfer to the new owner.
What you cannot do with Mutant Hounds and Collars (the “Restrictions”)
You agree not to do any of the following, or to allow or help anyone else to do any of the following, unless we have approved it in advance in writing:
- use Mutant Hounds, Collars, or their Art, or any part thereof, for or in connection with any Illicit Use (as defined below) or for any offensive, immoral or unlawful purpose or activity, or in a manner capable of bringing our reputation and/or the reputation of our community into disrepute;
- use any of our trade marks (including, without limitation, the Mutant Cartel brand name or logo) for any purpose or do anything to represent or imply that your exercise of the licences granted in Part 3 is endorsed by us or our affiliates;
- attempt to register any trade mark, social media or other account or address, domain name, copyright, or other intellectual property rights in or to, or incorporating, the Art or our trade marks (or any name or mark which may be confusingly similar to our brand name or logo) or take any other step to acquire additional intellectual property or other rights in the foregoing;
- use Art in connection with statements which are defamatory, dishonest, or which otherwise damage the goodwill, value or reputation of us or our affiliates.
“Illicit Uses” above include any use which is libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive or otherwise objectionable or unreasonable or infringing upon any laws or regulations or intellectual property rights or proprietary rights or confidentiality obligations, along with any use in connection with images, videos, or any other media which depicts or could reasonably be found to constitute hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech.
To the extent Art contains Third Party IP you agree: (a) you will not have the right to use Third Party IP in any way except as incorporated in the Art, and subject to these Terms; (b) depending on the nature of the licence granted from the owner of Third Party IP, we may pass through additional restrictions on your ability to use the Art; and (c) if we inform you of such restrictions (including by email or by mentioning them on our website) you will comply with them, and failure to do so will be a breach of these Terms. Restrictions in this section survive expiration or termination of the licence granted in Part 3 or other parts of these Terms. You may be prohibited from obtaining a Mutant Hound or Collar or using any product or service related to them, if you are subject to any governmental or similar sanctions.
“Third Party IP” means any third-party intellectual property rights including, but not limited to, rights in inventions and discoveries, patents, utility models, rights in designs, trademarks, service marks, trade names, logos, devices, signs, copyrights, associated goodwill, rights in confidential information and know-how subsisting anywhere in the world, whether registered or not.
Termination and Transfers
You may transfer a Mutant Hound or Collar to someone else only if the transfer complies with the law, you have shared these Terms with the recipient who has accepted and agreed to comply with them, and only if you have not previously breached these Terms and your licence under Part 3 has not been revoked or terminated. If you purchase, accept, or acquire a Mutant Hound or Collar you are deemed to accept and agree to comply with these Terms (excluding Part 2).
The licence granted in Part 3 automatically terminates (and you lose all rights to use the relevant Art) if you breach any of these Terms.
Part 4: Other important terms and risks associated with NFTs
Assumption of Risk
Mutant Hounds and Collars are digital collectibles which are made available solely for entertainment purposes. They are not an investment, nor do they grant any right to financial or other benefits, or participation in or governance of the project, our company or affiliates.
Mutant Hounds and Collars are cryptoassets. When you buy cryptoassets your capital is at risk. Risks associated with cryptoassets include price volatility, loss of capital (the value of your cryptoassets could drop to zero), complexity, lack of regulation and lack of consumer and other protection.
Hardware, software, telecommunications, Ethereum network, and other infrastructure changes, interruptions or failures, along with malicious software, security breaches, and other factors, may affect the utility, availability, value or integrity of cryptoassets like Mutant Hounds and Collars.
Art associated with these NFTs, and the NFTs themselves, may become inaccessible over time. Events outside of our control may mean you are unable to access or use Mutant Hounds, Collars or their Art.
By acquiring a Mutant Hound or Collar, you acknowledge the risks described in these Terms, and agree that we shall have no liability if such risks materialise, and nor are we responsible for any transaction between you and any third party or for the consequences of any such transaction.
Mutant Hideout Corp does not operate in a regulated industry. When you acquire cryptoassets, you are not protected by financial compensation schemes or protections typically afforded to investors dealing with regulated and authorised entities.
The following terms apply only if you purchase a Mutant Hound directly from us:
- if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of breaking our contract with you or failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable;
- if defective digital content we supply damages your device or digital content because we failed to use reasonable care and skill, we will repair the damage or pay you compensation (but we will not be liable for damage you could have avoided by following our reasonable advice or instructions).
Otherwise, to the fullest extent permitted by law: (i) we disclaim all warranties, explicit or implied, in connection with Mutant Hounds, Collars, and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness and timeliness; and (ii) the Mutant Hounds and Collars are provided on an “as is” and “as available” basis.
In either case, we are not responsible for delays or defaults outside of our control.
As a holder you are responsible for the safety of NFTs in your wallet. You acknowledge that the decentralised nature of distributed ledger technology (such as the Ethereum network) makes it impossible for us to reverse, cancel, undo or otherwise alter any transaction and/or transfer. You are responsible for transactions through your wallet.
You undertake to indemnify (compensate) and defend us against any claim or action arising out of or in connection with your use of Mutant Hounds, Collars or Art other than in accordance with these Terms, including where your use infringes the intellectual property or other rights of a third party.
In all cases (save for “Exclusions” below) our total aggregate liability to you whether in contract, tort (including negligence) breach of statutory duty or otherwise, will not exceed £1,000.
Irrespective of any other part of these Terms, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your mandatory statutory consumer rights; breach of terms implied by paragraph 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or for defective products per the Consumer Protection Act 1987.
We may occasionally make changes to these Terms, including amendments to the scope of the licences we grant under Part 3. We will let you know if changes significantly affect you (for example by posting a notice on our website, from which point such changes shall be effective).
We may transfer our rights and obligations under these Terms to another organisation (such as, but not necessarily, to our affiliates). We will always tell you if this happens (such as by notice through our website) and we will ensure that the transfer will not have a materially prejudicial impact on your rights.
Governing Law and Jurisdiction
These Terms are governed by English law and you and we agree that disputes under or in connection with these Terms may be brought in the English courts. If you are a consumer and purchased Mutant Hounds directly from us, and you live in a different country, you may be entitled to bring legal proceedings in the courts of your country.
Part 5: Who we are and how to reach us
We are Mutant Hideout Corp, a company incorporated in the British Virgin Islands. Our registered office is Floor 4, Banco Popular Building, Road Town, Tortola VG1110, and our company number is 2113863. You can contact us at: firstname.lastname@example.org