Terms and Conditions
Please read these Terms and Conditions carefully as they govern your use of the website located at https://www.mergeapes.com/ including any other similar or connected website and/or marketplace and/or software. The Site may allow or connect users to mint and/or buy non-fungible tokens on distributed digital ledgers or blockchains (“NFTs”) that contain or correspond to digital artworks (“Artworks”).
MergeApes is a collection of digital artworks (NFTs) running on the Ethereum network. This website is only an interface allowing participants to exchange digital collectibles. Users are entirely responsible for the safety and management of their own private Ethereum wallets and validating all transactions and contracts generated by this website before approval. Furthermore, as the MergeApes smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.
This website and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving MergeApes digital collectibles.
Links to Third Party Websites or Resources:
The site may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge that you have sole responsibility for, and assume all risk arising from, your use of any third-party resources. You agree that your use of third-party sites, services, and resources, including your use of any content, information, data, advertising, products, or other materials on or available through such sites, services, and resources, is at your own risk and is subject to the terms and conditions applicable to such sites, services and resources.
Buying NFTs & Connecting Your Wallet:
Before you can mint or buy any NFT, you may have to connect to a third-party site using your Wallet. Wallets are provided by unaffiliated third parties, and your use of such Wallets are governed by the terms provided by the applicable third party. Please take the utmost care to protect and preserve your wallet’s credentials—we cannot recover NFTs if you lose access to your wallet. All sales are final, and your payments are binding as soon as you authorize any purchase with your Wallet. Except as required by law, we do not and will not provide refunds.
Not an Investment in a Business:
You represent, warrant and covenant to us that your purchase of any and all NFTs is and will remain solely for your personal use and enjoyment. You understand that buying a NFT is akin to buying a physical artwork, and is not an investment in us or any other business, and you represent, warrant and covenant to us that you have no expectation of profit based on any of our activities or those of any other business. You shall not promote or market any NFT as an investment in us or any other business, or otherwise state or suggest that potential buyers of NFTs may expect to profit from their purchase or sale of NFTs.
NFTs Acquired from Others:
With respect to any NFTs you may acquire from third parties you agree to be bound by said third parties terms. You also agree that, if the third party from whom you purchased the NFT fails to pay any amounts due to us in connection with the transfer to you, we may refuse to provide you with access to the Site until all such amounts have been paid.
CREATIVE COMMONS. This work is licensed under a CC0 license.
Disclaimer & Risk:
Your use of the site is at your sole risk. We provide the site to you “as is” and "as available" without any warranties of any kind, whether express, implied or statutory. You agree that you must evaluate, and that you bear all risks associated with, the use of the site and any products or services made available through or in connection with the site, including any reliance on the accuracy, completeness or usefulness of any materials available through the site. We disclaim all warranties with respect to the site to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, noninfringement, and title, and any warranties arising from a course of performance, course of dealing or usage in trade. We can’t and don’t guaranty that any content of, or products or services made available through or in connection with, the site will be free from viruses and/or other code that may have contaminating or destructive elements.
It is your responsibility to implement appropriate security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of your use of the site. Our services rely on emerging technologies, including blockchain, cryptocurrency and smart contracts. Some features on the site are subject to increased risk through your use or misuse of technologies such as public-private key cryptography. By using such features, you acknowledge and accept these heightened risks. In addition, we are not responsible or liable for, and you assume all responsibility, liability and risks associated with: any gain or loss in value of any digital items; acts or omissions of third parties; problems caused by third-party software, hardware, technology, platforms or services, including the Ethereum blockchain, or any third party wallets or custodians, or others minting on another platform another NFT associated with the same artwork corresponding to a site NFT; or the transfer, loss, or inability to demonstrate ownership or control of, any NFT. While we try to maintain the integrity and security of the site and the servers from which the site is operated, we do not guarantee that the site will be or remain secure, complete or correct, or that access to the site will be uninterrupted. The site may include inaccuracies, errors and materials that violate or conflict with this agreement.Additionally, third parties may make unauthorized alterations to the Site. We are not responsible for any damage to any computer, software, hardware, equipment, content, data or other material resulting from any such security breach or harmful event, or from any Virus, bug, line failure, defect, delay in operation or transmission, deletion, error, fraud, interruption, omission, tampering, or unauthorized intervention, or any other technical or other malfunction.
To the fullest extent permitted by law, you irrevocably and unconditionally release and discharge us and assigns from any and all past, present and future claims, demands, damages, fees, costs, rights and causes of action, known or unknown, suspected or unsuspected, disclosed or undisclosed, existing or contingent, direct or derivative, that have existed or may have existed, or that do exist, arising out of or related to: (a) acts or omissions of third parties, including disputes between users, or (b) other matters for which you have agreed that we are not responsible or liable. In particular, you knowingly and voluntarily waive all rights and benefits that you may have as a result of Section 1542 of the California Civil Code or otherwise or similar in other jurisdictions.