Terms and Conditions
Haka Labs, LLC, a Wyoming Limited Liability Company (“Haka”) developed a collective of non-fungible tokens (“NFTs”) that will run on the Ethereum network. These Terms and Conditions (“Terms”) govern Your use, purchase, sale, or trade of the NFTs. This website serves as an interface which allows individuals to purchase, trade, and sell uniquely designed NFTs. The website, the content on the website, and any related services or products, are provided “as is” and “as available” without warranty of any kind. The website user shall be referred to herein as “You”, “Your”, and other variations thereof. You and Haka may be referred to herein each as “Party” or together as “Parties.”
- The NFT Sale. To purchase an NFT, you must be a Member of Haka.
- Ownership of NFT.
- License of the NFT Artwork. “Artwork” refers to the digital representation of the NFT that is designed by Haka or designated artists. If you acquire a NFT, Haka hereby grants to You, for so long as You own the NFT (as recorded on the relevant blockchain), a non-exclusive, non-sublicensable, royalty-free license to use, copy, and display the NFT linked with Your purchased NFT. The license in the prior sentence is non-transferrable, except that it will automatically transfer in connection with the transfer of the NFT.
- Reservation of Rights. All rights in and to the NFT not expressly provided for in these Terms and Conditions are hereby reserved by Haka.
- Risk of Purchase. Haka does not have any insight into or control over the payments or transactions made via Ethereum, nor does Haka have the ability to reverse any transactions. Accordingly, Haka has no liability to You or to any third party for any claims or damages that may arise as a result of any transactions of the NFT that You purchase.
- Warranty Disclaimers and Assumption of Risk. You represent and warrant that You:
- Assumption of Risk. You accept and acknowledge all risks associated with the following:
- Links to Third Party Websites or Resources. Use and interaction of the NFTs and Artwork may allow You to access third-party websites or other resources. Haka provides access only as a convenience and is not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from Your use of any third-party resources. Under no circumstances shall Your inability to view the Artwork on a third-party website serve as grounds for a claim against Haka.
- Indemnity. You shall defend, indemnify, and hold the Haka Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought by a third party (including any person who accessed any documents and/or information provided to Haka, irregardless of whether or not the person personally purchased an NFT) against any Haka Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with:
- Limitation of Liability.
- Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New Jersey, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 12 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that You and Haka are not required to arbitrate will be the state and federal courts located in Camden, New Jersey, and each Party waives any objection to jurisdiction and venue in such courts.
- Dispute Resolution.
- General Terms.
- By using this website, and any other relevant Haka application, you are accepting sole responsibility for any and all NFT transactions.