SERIOUS AND COOL NFT TERMS AND CONDITIONS AGREEMENT

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Collector”, “you”) and Serious and Cool NFT (“Serious and Cool”, “we,” “us,” or “our”).

I.    ACCEPTANCE OF TERMS

Serious and Cool NFT provides its services described below to the Collectors through its website www.seriousancool.com (the “Website”), subject to the following Terms of Service (the “Terms”).  By using or accessing the Website and with the purchase of a Serious and Cool NFT, you acknowledge that you have read and agree to these Terms. 

Serious and Cool NFT may change or amend these Terms at any time at its sole and absolute discretion. We encourage you to review these Terms and to check periodically for any updates or changes.

II.    ELIGIBILITY

Collector must be at least eighteen (18) years old to access and use the Website; provided, if you are between the ages of thirteen (13) and eighteen (18) years old (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of your primary residence) you may only access and use the Website with the prior permission of your parent or legal guardian, and you represent and warrant to us that you have such permission and that your parent or legal guardian has reviewed and discussed these terms of service with you.

III.    DESCRIPTION OF SERVICES

Serious and Cool NFT is a collection of non-fungible tokens (“NFTs”) stored on the Polygon blockchain.

IV.    TERMS OF SALE

Serious and Cool NFT sells themed character art authenticated as NFT on the Polygon blockchain. In exchange for payment, the Collector is granted a NFT. The purchase of the NFT does not grant any profit-sharing interest or equity in Serious and Cool NFT, ownership of intellectual property, or any other rights.

V.     TRANSACTIONS 

Serious and Cool NFT will have no insight into or control over payments nor the ability to reverse any transactions. Serious and Cool NFT 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 in via the Website, using the smart contracts, or any other transactions that you conduct via the Polygon network or Web3 Wallet or marketplaces. 

VI.    OWNERSHIP

Serious and Cool NFT owns the name and mark and other intellectual property and proprietary technologies that constitute the brand image by which Serious and Cool NFT is known to the public. Intellectual  property and proprietary technologies owned by Serious and Cool NFT, include, but are not limited to: Serious and Cool NFT smart contracts, logos, trademarks, product names, individual layers, files, traits, service marks, and copyrightable works, including but not limited to content of its internet sites, user interface, and metadata as it relates to Serious and Cool NFT are proprietary and are Serious and Cool NFT own creations. 

VII.    RIGHT TO PERSONAL USE

Serious and Cool NFT grants to the Collector a worldwide non-exclusive, assignable, perpetual, and royalty-free license to display the NFT solely for non-commercial purposes, such display right may only be assigned to one Collector in observance that these rights are transferred in case of sale.

VIII.    DERIVATIVE RIGHTS

Serious and Cool NFT grants to the Collector full commercial license to use the underlying artwork in the purchased Serious and Cool NFT NFT for creating derivative works. This permits the Collector to produce commercial products, but not to use the “Serious and Cool NFT” name or logo in relation to that product. Collector may identify commercial products with the Serious and Cool NFT token ID to signify ownership of the purchased NFT. The Derivative Rights are effective so long as the Collector owns that same purchased Serious and Cool NFT NFT at the time of the derivative’s creation. A subsequent Collector is not entitled to ownership of derivatives produced by a previous Collector.

VIV. COMMERCIAL RIGHTS

Subject to your continued compliance with these Terms, Serious and Cool NFT grants you an unlimited, worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art and use it for commercial purposes. This includes but is not limited to merchandise, goods, services and other commercial applications of the art  the Collector owns from the Serious and Cool NFT collections. These commercial rights are transferred when the NFT is sold on the market and are limited to each individual NFT from the Serious and Cool NFT collections.

X.     RESTRICTIONS

Collectors shall not use any Serious and Cool NFT Licensed Materials in connection with any material, which is unlawful, fraudulent, libelous, 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 and the Collector shall indemnify and defend Serious and Cool NFT, LLC. against any claims, damages, proceedings, loss or costs arising from such use. Collectors shall not use the Serious and Cool NFT Licensed Materials in any way that could be construed as being adverse or derogatory to the image of Serious and Cool NFT or any of its copyrights.

XI.    RESALE

By purchasing a Serious and Cool NFT, the Collector acknowledges and agrees that these Terms are binding on subsequent Serious and Cool NFT collectors and any succeeding collectors, causing all collectors of the purchased Serious and Cool NFT to be subject to these Terms.

XII. TAXES

The collector is entirely responsible for any tax liability which may arise from minting or reselling Serious and Cool NFT collectibles. 

XIII.    RULES OF CONDUCT

As part of using the Serious and Cool NFT website, the Collector agrees to not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software created by Serious and Cool NFT. Hack, crack, phish, SQL inject, or otherwise threaten or actually harm the security of our systems or those of other collectors. Infringe on the intellectual property rights of Serious and Cool NFT and its artists. Do anything that infringes on the rights of Serious and Cool NFT or a third party.

XIV. EXCLUSIVE ART PURCHASE 

When the Collector purchases a Serious and Cool NFT, the Collector agrees that the purchase of art from our initial launch of NFTs is all the Collector is guaranteed to receive in exchange for its funds. Whether through primary or secondary channels, the art is what the Collector receives. Any future benefits are ancillary to this purchase and not to be taken into consideration with initial purchase. The Collector agrees that it is not relying on any future commitments by Serious and Cool NFT in using this site and participating in our current and future NFT launches.

XV. NOT INTENTION OF INVESTMENT

Serious and Cool NFT are non-fungible tokens for collection purposes only. They are not meant as investment vehicles. There is absolutely no promise or guarantee that Serious and Cool NFT collectibles will be worth anything more than what the Collector and the market deem the art to be worth. The Collector understands that there is no inherent monetary value, and they should be treated as nothing more than a collectible.

XVI.    ASSUMPTION OF RISK

Website transactions, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations utilize experimental smart contract and blockchain technology, including NFTs, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. Collector acknowledges and agrees that such technologies are experimental, speculative, and inherently risky and may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Polygon blockchain (i.e., “forks”) which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your cryptocurrency or NFT, or lost opportunities to buy or sell NFTs. 

XVII.    DISCLAIMER OF WARRANTIES

THIS WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BY USING THIS WEBSITE, COLLECTOR ACCEPTS SOLE RESPONSIBILITY FOR ANY AND ALL TRANSACTIONS INVOLVING SERIOUS AND COOL NFT COLLECTIBLES.

XVIII.    LIMITATION OF LIABILITY

COLLECTOR AGREES TO HOLD US, OUR AFFILIATED AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, LICENSEES AND ASSIGNS, HARMLESS FROM ANY LOSSES, DAMAGES, CLAIMS, COSTS AND EXPENSES YOU MAY INCUR AS A CONSEQUENCE OF MINTING, ATTEMPTING TO MINT OR TRANSACTING WITH YOUR NFT.

XIX.    DISPUTE RESOLUTION

THE COLLECTOR AGREES TO WAIVE ANY CLASS ACTION STATUS, CLASS ARBITRATION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING IN CASE OF DISPUTE RESOLUTION. 

XX.     PRIVACY

Serious and Cool NFT will not collect any cookies, IP addresses, or Collector data in connection with your use of the Website. This is subject to change. Collector understands that Serious and Cool NFT may work with third-party applications that collect data, such as Discord, Collab.Land, or MetaLink for NFT holder verifications or giveaways. Additionally, Collector understands that the Polygon network is a public blockchain and all of your transaction history initiated through the Website will be made public. 

XXI.    SEVERABILITY

If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision.

©2022 Serious and Cool NFT. All Rights Reserved.