Our Terms of Use are constantly evolving. Users should check back periodically. Last updated: 25 August 2022.
These terms of use further contain terms and conditions, and terms of service (collectively, the “Terms”) by SmartPiggies, Inc., a Delaware Corporation, with an office located in the state of New York (“SmartPiggies”) and are between all users of SmartPiggies, whether directly or indirectly, and SmartPiggies related digital platforms, products, services, including but not limited to the SmartPiggies’ non-fungible token (“NFT”), digital artwork collection, and web 3.0 community running on the blockchain and related protocols, exchanges, and applications (the “SmartPiggy”).
Users of the digital platfroms and all such related products and services of the SmartPiggies, including but not limited to, you, are entirely responsible for the safety and management of their own private digital wallets and personally identifiable information on a blockchain network, as well as validating all transactions and contracts generated by this website or any related third-party before approval. Further, as SmartPiggies operates on a blockchain network, there may be no ability to undo, reverse, or restore any transaction. This website and all of its connected services are provided “as is” and “as available” without warranty of any kind. By using SmartPiggies in any capacity, whether directly or indirectly, you are accepting sole responsibility for any and all transactions involving SmartPiggies, including but not limited to SmartPiggy. The Terms shall govern you, are hereby assented to by all users of the SmartPiggies digital website, platforms, exchanges, services, and products (including but not limited to the SmartPiggy). The Terms are subject to change without notice. If there is any conflict between the Terms and any other agreement related to SmartPiggies, the Terms will control.
A. Your Ownership. Each SmartPiggy is on a blockchain and in addition to the Terms, shall be subject to inherent risks and third party terms and conditions, including but not limited to Chainlink and related protocols (list is non-exhaustive). When you purchase or receive any SmartPiggy, you may own the underlying SmartPiggy to the extent provided herein. Ownership of the NFT may be mediated by the contract and the blockchain network. Notwithstanding violations of the Terms, as solely determined by SmartPiggy, and SmartPiggies, a Wyoming limited liability company, at no point may we seize, freeze, or otherwise modify the ownership of any SmartPiggy.
B. Personal Use. Subject to your continued compliance with these Terms, SmartPiggy and SmartPiggies, grants you a worldwide, royalty-free license to use, copy, and display the purchased art, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your SmartPiggy, provided that the marketplace cryptographically verifies each SmartPiggy owner’s rights to display the art for SmartPiggy to ensure that only the actual owner can display the art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or your participation with SmartPiggy, provided that the website/application cryptographically verifies each of SmartPiggy and SmartPiggy owner’s rights to display the art for SmartPiggy to ensure that only the actual owner can display the art, and provided that the art is no longer visible once the owner of SmartPiggy leaves the website/application.
C. Commercial Use. Subject to your continued compliance with these Terms, SmartPiggies grants you a limited, worldwide license to use, copy, and display the purchased art for the purpose of creating derivative works based upon the art (“Commercial Use”). Examples of such Commercial Use would be the use of the art to produce and sell merchandise products displaying copies of the art. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of SmartPiggy generally, provided that the marketplace cryptographically verifies each of SmartPiggy owner’s rights to display the art for their SmartPiggy to ensure that only the 2 Charles L. Slamowitz, Esq. actual owner can display the art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of SmartPiggy generally, provided that the third party website or application cryptographically verifies each SmartPiggy owner’s rights to display the art for their SmartPiggy to ensure that only the actual owner can display the art, and provided that the art is no longer visible once the owner of the purchased SmartPiggy leaves the website/application; or (iii) earning revenue from any of the foregoing.
D. Intellectual Property. Other than the rights to the art, nothing herein gives you any rights to any other trademarks, trade dress, copyrights, or other intellectual property rights belonging to SmartPiggy and SmartPiggies, including, without limitation, to SmartPiggy or SmartPiggys, and the associated logos and any other intellectual property. All of these rights are expressly reserved in the name of SmartPiggy and SmartPiggies.
E. Access to Ownership. You hereby acknowledge and agree that SmartPiggy and SmartPiggys may be subject to lists and approvals in order to enable users to obtain ownership in SmartPiggy and SmartPiggies’s sole discretion. SmartPiggy and SmartPiggies may also select user to own SmartPiggy and SmartPiggys, through any process of their choosing, randomized or otherwise, subject to change without notice.
F. Violations. As used herein, the term “Violation” refers to (i) any felonious act, any act involving moral turpitude, any criminal charges involving a minor, and any act or written words that do not align with the SmartPiggy mission or core values at SmartPiggies’ sole discretion; and (ii) any situation or occurrence otherwise tending to bring you or SmartPiggy or SmartPiggies in a negative light, public disrepute, scandal, or ridicule. This includes but is not limited to usage of the SmartPiggy or SmartPiggys and interaction with the SmartPiggy community or related platforms and channels, such as chatrooms and events. SmartPiggy may list its mission and community guidelines on its website or related digital platforms, subject to change. In the event you directly or indirectly commit a Morals Violation, SmartPiggy and SmartPiggies, in their sole discretion, shall have the right to legal and equitable remedies including but not limited to an injunction, freezing of the SmartPiggy or SmartPiggy, a taking of the SmartPiggy or SmartPiggy, and to immediately terminate or suspend your user account without liability, penalty, or further obligation to SmartPiggy and SmartPiggies.
G. Feedback. You may choose to submit comments, bug reports, ideas or other feedback about the website, including without limitation about how to improve the website (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback in any way we choose without additional compensation to you, and you hereby grant SmartPiggy and SmartPiggies, a perpetual, irrevocable, nonexclusive, worldwide license to incorporate and use the feedback for any purpose.
You are solely responsible for your own conduct while accessing or using the website, and your use of SmartPiggy and for any consequences thereof. You agree to use the website and SmartPiggy, as well as related products and services, only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. You further agree that your usage of SmartPiggy may be subject to the Terms. By way of example, and not as a limitation, you may not and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person; (iv) upload, post, transmit or otherwise make available through the platfroms any content that infringes the intellectual property or proprietary rights of any party or otherwise violates the legal rights of others; (v) engage in, promote, or encourage 3 Charles L. Slamowitz, Esq. illegal activity (including, without limitation, money laundering); (vi) interfere with other users' use of the website; (vii) use the website for any unauthorized commercial purpose; (viii) modify, adapt, translate, or reverse engineer any portion of the website; (ix) remove any copyright, trademark or other proprietary rights notices contained in or on the website or any part of it; (x) use any technology to collect information about the website’s for any unauthorized purpose; (xi) access or use the website for the purpose of creating a product or service that is competitive with any of our products or services. If you engage in any of the activities prohibited by the Terms, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account without liability, penalty, or further obligation to SmartPiggies.
A. If you elect to purchase or receive any SmartPiggy through the website, platform, and/or any third-parties, any financial transactions that you engage in will be conducted through the blockchain 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 blockchain network.
B. Blockchains may require the payment of a transaction fee (a “Gas Fee”) or other fees for every transaction that occurs on the blockchain network. The Gas Fee funds the network of computers that run the decentralized blockchain network. This means that you will need to pay a Gas Fee or other fees for each transaction.
A. Eligibility. By owning any SmartPiggy you may be eligible for certain benefits, promotions, and giveaways, solely at the discretion of SmartPiggies and subject to change without notice.
B. Projects. For the avoidance of doubt, you understand that SmartPiggies may encompass different NFTs, digital artwork, projects, and collaborations that you may not have access to with ownership. Different projects may include but are not limited to a Decentralized Autonomous Organization (“DAO”), communities, events, health retreats, chat forums and platforms, metaverse or related Web3 projects, and/or any other projects. Ownership of a SmartPiggy includes, but is not limited to, the assent to joining the SmartPiggies’ DAO.
C. Access. You understand that SmartPiggy ownership does not guarantee access to any additional benefits beyond ownership, which are to be provided at the sole discretion of SmartPiggy and SmartPiggies, subject to change without notice, including but not limited to events such as a health retreat, metaverse, Web3, DAOs, communities, which are all at the sole discretion of SmartPiggy and SmartPiggies, subject to change without notice.
D. Additional Developments. All additional developments are subject solely within SmartPiggy and SmartPiggies’s discretion, subject to change without notice. i. SmartPiggy may retain a third or more of the resale royalties of SmartPiggy sales to be invested or the proceeds voted on by the SmartPiggy owners and/or community, subject to change without notice. SmartPiggy may also allocate re- sales and royalties at its sole discretion to many parties or no parties at all. ii. A spot in the Metaverse or web 3.0 or similar may be developed at a later date for SmartPiggy owners, subject to change without notice. iii. SmartPiggy may initiate further developments. Owners of SmartPiggy collection may have an advantage with respect to access.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THAT THE WEBSITE IS 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 WEBSITE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE WEBSITE, ANY SMART CONTRACT, 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, SMARTPIGGIES, AND ALL SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE WEBSITE AND DIGITAL PLATFROMS AS WELL AS THIRD PARTIES WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE WEBSITE WILL BE ACCURATE, (III) THE WEBSITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE WEBSITE 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.
B. YOU ACCEPT THE SECURITY RISKS, INHERENT OR OTHERWISE, OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT SMARTPIGGIES HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILLFULL MISCONDUCT.
C. SMARTPIGGIES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF A BLOCKCHAIN NETWORK NOR DO WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES REGARDING ANY CONTRACTS.
A. SmartPiggies is not responsible for any incorrect or inaccurate information, whether caused by website users, or tampering or hacking, or by any of the equipment or programming associated with or utilized in the sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the website. SmartPiggies is further not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this sweepstakes or downloading materials from or use of the website. If, for any reason, the sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of SmartPiggies, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this sweepstakes, SmartPiggies reserves the right at its sole discretion to cancel, terminate, modify or suspend any sweepstakes or any drawings and selections.
B. IN NO EVENT WILL SMARTPIGGIES, ITS LICENSEES, OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES, CONTRACTORS, AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF SMARTPIGGIES’ PLATFORMS AND RELATED PRODUCTS AND/OR SERVICES OR THE DOWNLOADING FROM OR COPYING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
C. YOU ACKNOWLEDGE AND AGREE THAT SMARTPIGGIES MADE THE DIGITAL PLATFORMS AVAILABLE TO YOU AND YOU ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN AND FOR FURTHER CONSIDERATIONS. WE WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU WITHOUT THESE LIMITATIONS. YOU FUTHER UNDERSTAND AND AGREE THAT SMARTPIGGIES, ITS EMPLOYERS, CONTRACTORS, PARENTS, OR AFFILLIATES WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, TO THE EXTENT CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF SMARTPIGGIES HAS BEEN ADVISED OF SUCH DAMAGES.
D. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE WEBSITE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO US UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100 USD (ONE HUNDRED DOLLARS).
A. If you sell, gift, or transfer any SmartPiggy, please be advised that the transfer and ownership of SmartPiggy are at your own risk, and prices of NFTs may be extremely volatile and fluctuations in the cryptocurrency prices and other NFTs could impact the price of your SmartPiggy positively or negatively. Given the volatility, NFTs such as SmartPiggy should not be considered an investment for any purposes whatsoever nor may be construed as such, and you assume all risks.
B. Ownership of any SmartPiggy confers ownership of that artwork only. Accordingly, no information on this website is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, nothing on this website 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 SmartPiggies is not required nor is registered with or approved by any regulator in any jurisdiction which may be subject to change. It remains your sole responsibility to assure the purchase of SmartPiggy and associated works are in compliance with laws and regulations.
C. You assume all risks associated with using NFTSs, Web3, and cryptocurrency, 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.
D. NFTs, cryptocurrencies, decentralized finance, and blockchain technologiwa are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the SmartPiggy. You understand and accept all such risks.
You agree to hold harmless and indemnify SmartPiggy and SmartPiggies, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys' fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the website, or (iii) your violation of applicable laws, rules or regulations in connection accessing or use of the website.
You must be at least eighteen (18) years old to access this website or purchase SmartPiggy or SmartPiggys or you are not permitted to interact with SmartPiggies or SmartPiggy in any capacity. By accessing the digital platforms or partaking in SmartPiggy or SmartPiggys in any way, you represent and warrant you are at least eighteen (18) years of age.
SmartPiggies may make changes to the Terms at its sole discretion. Therefore, you agree to check these Terms periodically from time to time 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 SmartPiggies’ platforms, services, or products.
All disputes arising out of or in connection with these Terms, including without limitation your access or use of the SmartPiggy or SmartPiggies’ digital platforms, services, and/or related products, or to any other third party products or digital goods sold or distributed with respect to SmartPiggy or SmartPiggies, will be referred to and finally resolved by arbitration under the rules of the American Arbitration Association (the “AAA”). The case will be adjudicated by a single arbitrator and will be administered by the American Arbitration Association in accordance with its applicable rules. Each party will cover its own fees and costs associated with the arbitration proceedings. The place of arbitration will be New York, New York. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction. WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION TO DISPUTES RELATED TO THE PLATFORMS OR ANY PRODUCTS OR SERVICES BY SMARTPIGGIES, TRANSFERRED, DISTRIBUTED, BY SMARTPIGGIES, THIRD PARTIES, OR ANY CONTRACTS, YOU HEREBY EXPRESSLY: (I) GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTES.
