Terms and Conditions

“Mystic Sisterhood” is an Ethereum blockchain-based generative project consisting of 7,777 unique digital artworks (NFTs) displaying randomized traits hosted on an InterPlanetary File System (“IPFS”).

This Mystic Sisterhood Terms and Conditions (the “Agreement”) is a legally binding agreement between the the Mystic Sisterhood Creative Team (“Creative Team”, “us”, “we”) and you as a purchaser of any Mystic Sisterhood NFT (“you” or “Purchaser” or “Holder”). The Creative Team and each Purchaser may be referred to throughout this Agreement collectively as the “Parties'' or individually as a “Party”. By purchasing a Mystic Sisterhood NFT, you acknowledge that you have carefully read and agree to the terms of this Agreement.

Ownership

Mystic Sisterhood is fully owned by the Mystic Sisterhood Creative Team. Other than the Art, nothing herein gives you any rights to any other trademarks or intellectual property rights belonging to the Mystic Sisterhood Creative Team.

All rights that are not specifically granted to the users, holders and owners of Mystic Sisterhood NFTs (“Holders”) are reserved by the Creative Team, including but not limited to the intellectual property and merchandising rights surrounding the Mystic Sisterhood name, which includes logos, trademarks, creative branding, the smart contract code, art and generative traits, design collateral, game development, and any representation of project funds or the community wallet. The above list is not exhaustive and will also encompass any other de facto rights of creative ownership.

The “Art” is the digital image linked to a particular NFT. All right and title to the intellectual property in a given NFT's Art is transferred with the NFT when sold by Mystic Sisterhood. All right and title to a given NFT transfers to the Purchaser when sold.

ART AND CREATIVE DESIGN

All art and creative design relating to Mystic Sisterhood are exclusively owned by the Mystic Sisterhood Creative Team, with the exception of Mystic Sisterhood artwork corresponding to individual NFTs (the “Art”) which are owned by the Holder.

TERMINATION

This Agreement will automatically terminate, and to the extent legally permissible, all rights shall return to the Creative Team, if you breach any of the terms of this Agreement.

If this Agreement is terminated under the terms of this section, no refunds or other payments will be due to you or any other Person, and the Creative Team will not be liable for any damages to you or any other Person.

DISPUTES

The law of California, without regard to any provisions regarding choice of law, will govern these terms and all legal proceedings related to these terms and your use of the Mystic Sisterhood website and platform. All disputes under these terms will be heard by arbitration in Los Angeles County. The arbitration will be in English and heard by three arbitrators.

If, for any reason, a dispute is heard in a court of law, both sides agree to bring any proceedings related to this agreement exclusively in Los Angeles County. Neither you nor the Creative Team will object to jurisdiction, forum, or venue in those courts. To the extent legally permissible, both sides waive their rights to trial by jury, and agree to bring any legal claims related to this agreement as individuals, not as part of a class action or other representative proceeding.

LIMITATIONS OF LIABILITY

Participants in minting Mystic Sisterhood NFTs agree to hold the project Creative Team harmless for any losses incurred as a consequence of minting an NFT. These potential losses include any gas fees for failed transactions, any excessive gas fees charged due to website or smart contract bugs, and any loss of any NFT due to website or smart contract bugs.

As far as the law allows, the Creative Team will not be liable to you for any: (1) financial losses; (2) loss of use, data, business or profits; or (3) indirect, special consequential, exemplary, or punitive damages. This will be whether or not the Creative Team warned you of the possibility of such damages.

FEES AND PAYMENT

If you elect to purchase a Mystic Sisterhood NFT through the Site, any financial transactions that you engage in will be conducted solely through the Ethereum network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. We 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 that you engage or any other transactions that you conduct via the Ethereum network. 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.

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.

NO GUARANTEES OF VALUE

Mystic Sisterhood NFTs were created purely as collectibles, not as investment vehicles or substitutes for cryptocurrency. We make absolutely no promise or guarantee that these NFTs will subsequently retain monetary value in fiat, cash or cryptocurrency.

RISK ASSUMPTION

You accept and acknowledge each of the following

  1. To the extent that you sell your Mystic Sisterhood NFT, please be aware that the prices of NFTs are extremely volatile and fluctuations in the prices of other NFTs and impact the price of your Mystic Sisterhood NFT both positively and negatively. Given the volatility, NFTs such as Mystic Sisterhood should not be considered an investment. You assume all risks in that connection.
  2. No information on this Site (or any other documents mentioned therein) is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, nothing on this Site qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. Due to the artistic nature of the project, Mystic Sisterhood has not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the Mystic Sisterhood NFT and the associated art is in compliance with laws and regulations in your jurisdiction.
  3. You assume all risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet.
  4. NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your Mystic Sisterhood NFT. You understand and accept all risk in that regard.
  5. You assume all responsibility for any adverse effects of disruptions or other issues impacting Ethereum or the Ethereum platform.

INDEMNIFICATION

You agree that you will defend, indemnify and hold harmless the Creative Team, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of Mystic Sisterhood. You agree to reimburse the Creative Team for all the costs of legal claims by others related to your breach of these terms, or breach of these terms by others using your account. Both you and the Creative Team agree to notify the other side of any legal claims you might have to reimburse the operator for as soon as possible. If the Creative Team fails to notify you of a legal claim promptly, you won't have to reimburse the Creative Team for costs that you could have defended against or lessened with prompt notice. You agree to allow the Creative Team to take over investigation, defense, and settlement of legal claims you would have to reimburse the Creative Team for, and to cooperate with those efforts. The Creative Team agrees not to enter any settlement that admits you were at fault or requires you to do anything without your permission.

CHANGES TO THE TERMS AND CONDITIONS

We may make changes to the Terms at our discretion. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Site.

CHILDREN

The Mystic Sisterhood project is not targeted towards children. You agree that you are over the age of 18. By accessing the Site, you represent and warrant that you are at least 18 years of age.

DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK, AND THAT THE SITE AND THE MYSTIC SISTERHOOD NFTS ARE 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 NFTS AND ANY PART OF EITHER (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, ANY NFT, 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. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so some or all of the above exclusions may not apply to you.

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 willful misconduct.

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. You agree that you have an understanding of the usage and intricacies of native cryptographic tokens. You acknowledge and understand that you alone are responsible for securing your private key(s). We do not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to blockchain resources.

SECURITIES LAW

You understand and agree that Mystic Sisterhood NFTs are not "securities" within the meaning of the Securities Act of 1933, as amended, or the Securities and Exchange Act of 1934, as amended, or any other similar securities act (state or federal), or regulations issued thereunder; and that under no circumstances whatsoever shall the Creative Team be deemed to be an underwriter or seller of a security. You irrevocably waive any right to claim that your purchase of any Mystic Sisterhood NFT constitutes the purchase of a security or that the Creative Team is the seller or underwriter of a security.

GENERAL TERMS

If a section of this document is unenforceable as written, but could be changed to make it enforceable, that section should be changed to the minimum extent necessary to make it enforceable. Otherwise, that section should be removed, and the others should be enforced as written.

You may not assign this agreement. The operator may assign this agreement to any affiliate of the operator, any other company that obtains control of the operator, or any other company that buys assets of the operator related to the Mystic Sisterhood website and associated services. Any attempt to assign against these terms has no legal effect. Neither the exercise of any right under this agreement, nor waiver of any breach of this agreement, waives any other breach of this agreement. These terms, plus any other terms on the Mystic Sisterhood website incorporating them by reference, are all the terms of agreement between you and the Creative Team. This agreement entirely replaces any other agreements about your use of Mystic Sisterhood, written or not.

You may notify the Creative Team under these terms, and send questions to the Creative Team, using the contact information they provide. You represent and warrant that you have not have been identified as a Specially Designated National or placed on any sanctions list by the U.S. Treasury Department's Office of Foreign Assets Control, the U.S. Commerce Department, or the U.S. Department of State.

You represent and warrant that you have not been placed on any of the following lists: European External Action Service Consolidated Financial Sanctions List; EU Terrorist List; FATF Non-Cooperative Countries and Territories; Federal Bureau of Investigation Most Wanted Terrorists & Seeking Information; Bank of England Sanctions List; HM Treasury Sanctions List; Politically Exposed Persons List; World Bank Ineligible Firms; Department of Foreign Affairs and Trade Consolidated List.

PRIVACY POLICY

Mystic Sisterhood will not collect any cookies, IP addresses, or user data in connection with your use of the website and app, with the exception of cookies related to browsing behavior for the Google analytics SEO which helps us enhance your experience with our site and relay visitor traffic statistics to the Google search engine. All project participants understand that the Ethereum blockchain network is a public blockchain, and all transaction history initiated through the website will be made public. Mystic Sisterhood has no influence on secondary marketplaces, which have independent terms of service agreed to by you, should you choose to utilize these sites. You also understand that Mystic Sisterhood may work with third-party apps, such as Discord, which collect and store user data. Should Mystic Sisterhood be required to collect or store data for future activities such as merchandise launches or transfer of any benefits such as airdrops, you will be required to agree to the collection of this data. This provision may be subject to change, when deemed fit by the Mystic Sisterhood Creative Team upon due notification to the end user.