Website terms

Maxon Bollocks

  1. The use of this website is subject to these terms and conditions. If any user does not accept these terms, it should immediately cease using, and should not execute any transaction through, this website.
  2. Via this website, users may purchase Maxon Bollocks ‘Main Collection’ (Maxons) non-fungible tokens which exist on the Ethereum blockchain and represent certain rights in Maxons digital artwork (NFTs). Users acknowledge that this website is only a platform or interface to facilitate users’ interaction with the Ethereum network and smart contract for the relevant NFT(s) in order to perform such a transaction; the transaction (including any payment) itself, as well as any user’s ownership of and access to the NFT, is not managed or controlled by Moba (MoBA) and occurs only through the Ethereum network and relevant smart contract.  Accordingly MoBA disclaims and excludes all liability to users in connection with the foregoing.
  3. Users therefore acknowledge and agree that MoBA has no responsibility for any aspect of users’ transactions on the Ethereum blockchain and that it is each user’s responsibility to verify that all details are correct and that it has fully informed itself prior to executing any transaction. Users acknowledge that MoBA is not able to reverse, restore, remedy or modify any NFT transactions and that MoBA cannot retrieve, seize or otherwise control any NFT assets, and does not control blockchain technology or related software. MoBA is accordingly not responsible for any errors, failures, or other issues associated with any transaction, for any incorrect transaction or for any failed transaction. Users proceed with transactions through this website and on the Ethereum network entirely at their own risk.
  4. The user acknowledges that the existence and record of an NFT is determined solely by the continued existence and recognition of the Ethereum network which is outside the control of MoBA. The user is solely responsible for satisfying itself with respect to the nature and risks associated with purchasing NFTs, blockchain technology, conducting online transactions, the applicable smart contract, cryptocurrencies and the Ethereum network prior to attempting or executing any transaction. As this is a user’s responsibility, MoBA disclaims all liability and responsibility in connection therewith to the maximum extent permitted by law.
  5. Users are solely responsible for their own private Ethereum wallets (and any information linked thereto), or the safety and management of such wallets.
  6. This website is provided “as is” and “as available”, and without warranty of any kind (including in relation to availability, security, data loss, server failure, virus or other harmful code, or activities by unauthorised third parties, all of which are risks accepted by the user) to the extent permitted by law, and the user acknowledges that this is a reasonable provision having regard to the fact that the website itself is made available without charge.
  7. A user of this website is not permitted to and must not modify, adapt, create derivative works of or reverse-engineer the artwork displayed on the website or underlying any NFT, or to combine it (wholly or partly) with any other artwork, image, intellectual property or other material (of any kind or format), or undertake any similar action.  The user acknowledges that its rights are limited to viewing images or artwork on the website only subject to any rights a user acquires as a purchaser of an NFT. 
  8. If a user purchases a Maxons NFT, the user owns the NFT subject to these terms.  The user:
    1. is granted  (for the duration of its ownership of the NFT) a worldwide, royalty-free licence to use, copy and display (including online) the underlying artwork represented by the NFT solely for personal use and not any commercial use;
    2. acknowledges that it does not own the underlying artwork associated with the NFT and is not assigned any copyright or other intellectual property rights of any kind in the underlying artwork;
    3. is permitted to use, copy and display the artwork underlying the NFT for the purpose of selling the NFT (and advertising it for sale) in any marketplace that facilitates the sale of the NFT on the Ethereum network and in accordance with the applicable smart contract; and
    4. acknowledges that the NFT is provided “as is” and “as available” and without warranty of any kind other than to the extent such exclusion is prohibited by law.
  9. Applicable prices and royalties payable in relation to each NFT are as described on this website. The user is responsible for all applicable taxes (whether for sales, use, value-added, goods and services, transfer, import, export or otherwise), duties, assessments, levies or other imposts in any jurisdiction in the world and at any level of government which may be associated with its purchase of an NFT whether arising at the time of such purchase or afterwards (“Tax”) in addition to its payment of any specified price, royalty and/or other payment, all of which are quoted exclusively of any applicable Taxes.
  10. To the maximum extent permitted by law in connection with these terms, this website and any NFT, howsoever arising and whether arising in tort (including negligence), contract, equity or otherwise and regardless of whether such loss or damage was or ought to have been foreseen, in no event will MoBA be liable to a user or any other party for any indirect, consequential or remote loss or damages or for any loss or corruption of data, loss of revenue (or anticipated revenue), loss of profit, loss of use, loss of savings (or anticipated savings), loss of reputation or goodwill, loss or reduction in the value of any NFT.
  11. MoBA reserves the right to review and change any of these Terms at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. You are responsible for reviewing any changes to the Terms.
  12. Copyright in the Site (including but not limited to text, graphics, logos, button icons, images, code, scripts, design elements), services and all related products of MoBA is owned or licensed by us.
  13. These terms are governed the laws of Victoria, Australia, and the parties irrevocably submit to the exclusive jurisdiction of the courts therein. 

NFT Experiences 

14. From time to time, MoBA may administer an NFT experience through which a user’s ownership of particular NFTs or particular types of NFT, for a limited time, may entitle the user to claim and redeem an additional NFT artwork in accordance with these terms (“NFT Experience”).  

15. NFT Experiences may or may not be made available at MoBA’s absolute discretion, are limited in time and available stock, and are not inherent features, rights or entitlements in any NFT the user purchases.

16. For each NFT Experience, MoBA will specify:

  •  the specific features or metadata pertaining to individual NFTs, NFT collections within an Ethereum wallet, and/or certain combinations of them, which are eligible for the NFT Experience (“Prerequisites”); 
  • the details of the NFT a user may claim as part of the NFT Experience, based on the Prerequisites (“NFT Claim”) and the number of NFT Claims available; and
  • the duration of the NFT Experience, including a start and end date (“Experience Period”), which is always subject to the availability of stock of the NFT Claim.

17. To redeem an NFT Claim, a user must connect its Ethereum wallet to the Maxon website, and allow MoBA to inspect it to determine whether the user meets the Prerequisites. The user warrants that it has the right to provide access to any Ethereum wallet it chooses to connect. MoBA makes the final decision as to whether any user satisfies the Prerequisites. A user may only satisfy Prerequisites using a single Ethereum wallet, and not a combination of wallets.

18. If:

  • MoBA determines that a user satisfies the Prerequisites;
  • all other conditions of the NFT Experience (set out in these terms or on are met; and
  • stock of the NFT Claim remains available,

then MoBA will enable the user to redeem the NFT Claim without charge, by, at its discretion:

  • providing the user with access to an Ethereum wallet containing the additional NFT Claim;
  • transferring the NFT Claim to the user via the user’s Ethereum wallet;
  • “whitelisting” the user’s address and approving it to redeem the NFT Claim for 0.00ETH via where the user will pay for any 3rd party Ethereum fees; or
  • otherwise enabling the user to redeem the NFT Claim.

18. The user’s ownership of any redeemed NFT Claim is subject to the applicable MoBA website terms, as if the user had separately purchased the NFT.

19. NFT Experiences are, subject to these terms, open to anyone able to demonstrate the Prerequisites.  NFT Experiences are not games of chance or skill, but limited-time opportunities, as part of a loyalty scheme, for NFT owners and collectors to earn and redeem additional artwork NFTs (subject to stock availability) based on the features of their existing NFT collection. 

20. Regardless of when a user may have been able to satisfy any Prerequisites, Claims will only be accepted during the Experience Period, and provided that the NFT Claim remains in stock at the time it is accepted. 

21. MoBA does not make any representation or warranty about the value of any NFT.  Each user acknowledges that NFTs and the marketplace for them is inherently volatile and relies on its own judgement about the value or continued value of any NFT.