📃Terms & Conditions

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Collector”) and Giants Village SRL, a company incorporated in Romania, doing business as Giants, Elrond Giants, Giants Village (“Giants,” “we,” “us,” or “our”).

Acceptance of terms

Giants provides its services (described below) to you, the Collector, through its website and application program interface located at giantsvillage.com (the “Website”), subject to the following Terms of Service (the “Terms”). By using or accessing the Website, you acknowledge that you have read and agree to these Terms.

Description services

Giants is a collection of 10.000 non-fungible tokens (“NFTs”), unique digital collectibles stored on the Elrond blockchain. Each Giant doubles as a membership card and grants access to members-only benefits that will evolve over time with every new product or partnership.

Terms of sale

Giants sells character art authenticated as NFTs. In exchange for payment, Collector is granted an NFT. The purchase of the NFT does not guarantee any profit-sharing interest or equity in Giants, ownership of intellectual property, or any other rights.

Payment

Collector must link a Web3 Wallet (xPortal, Ledger, Web wallet, Extension) to the Website and use Elrond (EGLD) cryptocurrency from your Web3 Wallet to complete your purchase.

Giants will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With this in mind, Giants 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 or using the smart contracts or any other transactions that you conduct via the Elrond network or a Web3 Wallet.

The collector is responsible for any sales, use, value-added, or other governmental taxes, fees, or duties due concerning your order. Collector represents and warrants that any purchase of an NFT by you is solely for your personal collection, use, and enjoyment and not for speculative or investment purposes or use as a substitute for currency or other mediums of exchange.

Ownership

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

Right to personal use

Giants grants to the Collector a worldwide, non-exclusive, assignable, perpetual, and royalty-free license to display the NFT solely for non-commercial purposes, given that such display right may only be assigned to a subsequent Collector of the NFT simultaneously with the transfer of ownership of the NFT and this Agreement.

Derivative rights

Giants grants the Collector full commercial license to use the underlying artwork in the purchased Giants NFT for creating derivative works. This permits the Collector to produce commercial products but not to use the “Giants” name or logo about that product unless Giants give Collector explicit consent.

Collectors may identify commercial products with the Giants token ID to signify ownership of the purchased NFT. The Derivative Rights are effective so long as the Collector owns that same purchased Giants NFT at the time of the derivative’s creation. A subsequent Collector is not entitled to ownership of derivatives produced by a previous Collector.

Restrictions

The Collector agrees to not use the purchased Giants NFT in a derivative work that depicts or encourages illegal acts or involves pornography, racism, obscenity, violence, libel, or slander.

Resale

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

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 Elrond blockchain (i.e., “forks”), which can adversely affect the smart contracts and may expose you to a risk of a total loss, forfeiture of your cryptocurrency or NFT, or lost opportunities to buy or sell NFTs.

Disclaimer of warranties

This website and its contents are provided “as are” 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 Giants NFT collectibles.

Limitation of liability

Collector agrees to hold us, our affiliates 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 (or attempting to mint) your NFT.

Privacy

Giants 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 Giants may work with third-party applications that collect data, such as Discord, for NFT holder verifications or giveaways. Additionally, Collector understands that the Elrond network is a public blockchain, and all of your transaction history initiated through the Website will be made public.

These terms are subject to change

We may revise these Terms from time to time, but the most current version will always be on giantsvillage.com/terms. You are responsible for reviewing and becoming familiar with any such modifications. Revisions deemed material, at the sole discretion of Giants, will include notification via Twitter or Discord. By continuing to access the Giants website and by holding a Giants NFT, you agree to be bound by the current Terms.

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