MixDAO, is a DAO that provides a platform to share information about NFTs and to offer NFTs to our Web3 affiliates. MixDAO welcomes you to our platform, and we welcome you to become an affiliate of our DAO. In addition to being a valuable source of NFT information, MixDAO offers affiliates the opportunity to acquire NFTs through specially-developed smart contracts created by MixDAO that enable the purchase of digital creations in a digital marketplace, including unique Tokens that permit affiliates a variety of opportunities to participate in the MixDAO’s project selection.
Affiliate is an individual or entity that purchases an Alpha Pass under these Terms of Use.
Alpha Pass is an NFT minted from the MixDAO smart contract in exchange for Ether purchased by users on our platform.
User is an individual or entity that accesses this website, whether or not that individual or entity purchases an NFT from MixDAO.
Collector is an individual or entity that collects NFTs.
Owner(s) is an individual or entity that has purchased a MixDAO NFT or collects other NFTs and obtains an Alpha Pass under the terms of these Terms of Use to obtain access to information regarding NFTs generally from the MixDAO platform.
All other terms are defined according to the generally accepted use of the term whether legal or as used in common practice in the Web3 community.
Please read these Terms of Use (“Terms”, “Terms of Use”, or “Agreement”) very carefully. The Terms of Use described in this disclosure, constitute an Agreement between you (who are known as “you,” the “User(s),” “Collector(s),” “Owner(s),” and others using the Site – collectively known as the “Users” or “Affiliates”) and the MIX DAO LLC, (a company doing business under the Trade Name MixDAO) website and platform that is organized under the laws of the State of Wyoming (known as “MIX DAO LLC,” “MixDAO,” “the Company”, “we”, “our” or “us” and when described together with you, as the “Parties”). These Terms govern your use of the website located at mixdao.club (the “Website”), and all related tools, mobile applications, web applications, decentralized applications, smart contracts and APIs located at the Website, including without limitation, successor website(s) or application(s) thereto (the “Platform”).
THESE TERMS SET FORTH HERE ARE THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE OR PLATFORM. BY ACCESSING OR USING THE SITE, SERVICES, OR SMART CONTRACTS YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, YOU ARE PROHIBITED FROM ACCESSING, USING, OR ENGAGING IN TRANSACTIONS ON THE SITE OR PLATFORM. YOU MAY NOT ACCESS OR USE THE PLATFORM OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE SERVICES IN YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE PLATFORM. THESE TERMS SHALL BE EFFECTIVE AS OF THE DATE OF YOUR FIRST USE OF THE PLATFORM (“EFFECTIVE DATE”).
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ANY DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Before using our website, we advise you to read our Privacy Policy regarding our user data collection, which is hereby incorporated by this reference into these Terms.
To access and use the Platform, Users will need to employ a browser that is compatible with the acquisition of an Ethereum Wallet, for example, but not limited to Google Chrome and MetaMask. Once you have installed a browser such as Chrome, you will need to create an electronic wallet with MetaMask, or another provider, which allows you to purchase, store, and engage in transactions using the native Ethereum cryptocurrency, ETH. The Platform will only recognize you as a User, and you will only be able to interact with the Platform, if your Ethereum electronic wallet is connected and unlocked through your MetaMask, or other account. There is no other way to sign up as a User, or to interact directly with the Platform.
Transactions that take place on the Platform are managed and confirmed via the Ethereum blockchain. The User understands that your Ethereum public address will be made publicly visible whenever you engage in a transaction on the Platform. MixDAO neither owns nor controls MetaMask, or any other Ethereum wallet provider, Google Chrome, or any other browser, the Ethereum network, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
You acknowledge and agree that we (inclusive of MIX DAO LLC and its licensors) own all legal right, title and interest in and to all elements of the Platform. The graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Platform (collectively, the “MixDAO Proprietary Materials”) are owned by MIX DAO LLC, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All MixDAO Proprietary Materials are the copyrighted property of MIX DAO LLC or its licensors, and all trademarks, service marks, and trade names contained in the MixDAO Proprietary Materials are proprietary to MIX DAO LLC or its licensors. Except as expressly set forth herein, your use of the Platform does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Platform. We reserve all rights in and to the MixDAO Proprietary Materials not expressly granted to you in the Terms.
All Work (“Art” or “Work(s)”) on the Platform is represented by a unique cryptographic token exclusively Minted by MixDAO. Each MixDAO Item (“Item(s)”, “Token(s)”, “Non-fungible token(s)”, or “NFT(s)”) is Minted using the MixDAO Smart Contracts based on original Work. MixDAO Items are forever tracked and stored on the Ethereum blockchain, providing the Collector of a MixDAO Item with a permanent record of authenticity and ownership.
The Smart Contracts and the Website facilitate User collection of MixDAO Items, but MIX DAO LLC and its affiliates, the Platform, and the Smart Contracts are not the custodians of any User-owned MixDAO Items. The User understands and acknowledges that the Smart Contracts do not give MIX DAO LLC custody, possession, or control of any MixDAO Items or cryptocurrency at any time for the purpose of facilitating MixDAO Item transactions. You affirm that you are aware and acknowledge that MIX DAO LLC is a non-custodial service provider and has designed this Platform to be directly accessible by the Users without any involvement or actions taken by MIX DAO LLC or any third-party.
All Users are solely responsible for the security of the User’s account and the User’s Ethereum wallet. You agree to undertake to maintain at all times adequate security and control of all of your Account details, passwords, personal identification numbers or any other codes that you use to access the Platform or the Services.
Users agree to engage with this Platform only for purposes that are legal, and will not engage in activity that violates the Terms of Use, and will in all ways conduct themselves in accordance with these Terms of Use and not in violation of any applicable state, Federal or local laws or regulations of the United States, or any jurisdiction in which the User resides or is domiciled. Without limitation, you may not, and may not allow any third party to: (i) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) operate to defraud MIX DAO LLC, other users, or any other person or provide false, inaccurate or misleading information; (v) use the Platform to violate or infringe the legal rights (such as, but not limited to, rights or privacy, publicity and intellectual property) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, terrorism, tax evasion or money laundering); (vii) interfere with another individual’s or entity’s access to or use of the Platform; (viii) harvest or otherwise collect information from the Platform about others without proper consent; (ix) exploit the Platform for any unauthorized commercial purpose; (x) modify, adapt, translate, or reverse engineer any portion of the Platform; (xi) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it; (xii) reformat or frame any portion of the Platform; (xiii) display any content on the Platform that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiv) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the Platform, or to collect information about its users for any unauthorized purpose; (xv) create user accounts by automated means or under false or fraudulent pretenses; or (xvi) access or use the Platform for the purpose of creating a product or service that is competitive with any of our products or services.
You affirm that you are over the age of 18, as the Platform is not intended for children under 18. IF YOU ARE UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU MAY NOT CONTINUE TO ACCESS OR PARTICIPATE IN THE TRANSACTIONS OFFERED ON THIS SITE, AND YOU ACCEPT FULL RESPONSIBILITY FOR THE CONSEQUENCES OF YOUR UNLAWFUL INTERACTION WITH THIS SITE AND ITS CONTENTS, AND ARE DIRECTED TO LEAVE THE SITE IMMEDIATELY.
Alpha Pass is an NFT minted from our smart contract in exchange for Ether purchased by users on the MixDAO Platform.
The "Alpha Pass" NFT is an ERC-1155 token with a supply of 1500 tokens and a price of 0.08 ETH. A small subset of early supporters is entitled to a free claim of 1 NFT (the list of which has already been determined by wallet address and filtered by our smart contract).
MixDAO has also created an allowlist, which is a list available to early supporters, and spots for our collaborators, and other teams and projects that we are working with, and people that have been actively engaged in our public discord. The allowlist is determined by MixDAO in its sole discretion, and anyone can be added to or removed from the list at our sole discretion. Members of the allowlist will have access to minting on April 17th, and the public sale will be on April 18th.
Except with respect to Allowlist designates as described above, the "Alpha Pass" NFT will grant users access to an exclusive role and channel in our discord. Only holders of this NFT will be allowed into the channel, and it will be gated by the token. The Alpha Pass acts as a membership card and will give the user special privileges including but not limited to being added to the allowlist for all future MixDAO projects, access to in-person events should we hold them, raffles, allowlist opportunities for partner projects, 1 free claim for our upcoming Season 1 NFT drop which is TBD.
Our customer service and general community will be on discord at: https://discord.gg/mixdao. If users have any issues or problems, they can open up a ticket in the support channel and we will respond to them. The discord itself is public and anyone can join; however - only Alpha Pass holders will get access to the exclusive "Alpha Pass" channels and role.
Every transaction on the MixDAO Platform is subject to Fees collected to support the creators, MixDAO Platform and MIX DAO LLC.
The amount of Fees for the sale of a MixDAO Item also depends on whether the transaction involves the MixDAO Item’s first sale (“Primary Sale”) or a subsequent sale in the secondary market (“Secondary Market Sale”). All Fees are collected and distributed at the time of the purchase of a MixDAO Item by operation of the Smart Contracts.
Primary Sales
MixDAO receives 100% of the total Sale Price for Primary Sales as executed by the terms of the Smart Contract.
Secondary Market Sales
MixDAO receives a 10% Royalty of total Sale Price for Secondary Market Sales paid by the Collector who sells the MixDAO Item, which is effectuated at the time of sale by the smart contract.
The User agrees and understands that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the Smart Contracts on the Ethereum blockchain network. By transacting on the platform and by using the Smart Contracts, the User hereby acknowledges, consents to, and accepts all automated fees, commissions, and royalties for the sale of Items on the MixDAO Platform. The User hereby consents to and agrees to be bound by the Smart Contracts’ execution and distribution of the fees, commissions, and royalties. Users hereby waive any entitlement to royalties, commissions, or fees paid to another by operation of the Smart Contracts.
The User consents to the automated collection and disbursement to MixDAO of royalties for Secondary Market sales of MixDAO Items. The User hereby waives any first sale defense or similar assertion with respect to Secondary Market activities resulting in a royalty to MixDAO.
MixDAO does not generally collect any fees, commissions, or royalties for transactions occurring outside of the MixDAO Platform and not involving the MixDAO Smart Contracts. The User is permitted to sell or transfer their MixDAO Items on third party exchanges; however, the User hereby waives any entitlement to royalties, commissions, or fees for off market transactions. The User irrevocably releases, acquits, and forever discharges MIX DAO LLC and its subsidiaries, affiliates, officers, and successors of any liability for royalties, fines, or fees not received by the User from any off-market transaction.
All User transactions on the MixDAO Platform, including without limitation Minting, tokenizing, purchasing, or confirming, are facilitated by Smart Contracts existing on the Ethereum network. The Ethereum network requires the payment of a transaction fee (a “Gas fee”) for every transaction that occurs on the Ethereum network, and thus every transaction occurring on the MixDAO Platform. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of MIX DAO LLC or the MixDAO Platform. The User acknowledges that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on the Platform be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to a User. Users also acknowledge and agree that gas is non-refundable under all circumstances.
Users are responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with your use of the Platform (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, or sale of any Works).
To initiate a transaction on the MixDAO Platform, a User must voluntarily invoke one or more Smart Contract operations from an Ethereum Wallet. All transactions on the MixDAO Platform, including but not limited to transfers, listings, sales, or purchases of MixDAO Items are initiated though one or more Smart Contracts at the sole discretion and at the complete risk of the Users. The Smart Contracts are configured to facilitate the execution of a voluntary User confirmation to purchase a MixDAO Item. The User acknowledges the risk of Smart Contracts and agrees to be bound by the outcome of any Smart Contract operation by invoking, calling, requesting, or otherwise engaging with the Smart Contract, whether or not the Smart Contract behaves as the User expects.
MixDAO Platform transactions, including but not limited to primary sales, secondary market sales, listings, and other operations through the Website utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or vendor-to-use networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky. Users acknowledge and agree that the MixDAO smart contracts may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain (i.e., “forks”), which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or MixDAO Items, or lost opportunities to buy or sell MixDAO Items. MixDAO assumes no liability or responsibility for any such smart contract or related failures, risks, or uncertainties.
Users hereby acknowledge and assume the risk of initiating, interacting with, participating in Platform transactions and take full responsibility and liability for the outcome of any transaction they initiate, whether or not the smart contracts, the Website, or other Platform features behave as expected or intended. Users hereby represent that they are knowledgeable, experienced and sophisticated in using blockchain technology, the Website, and in initiating Ethereum-based transactions.
Users are forbidden from engaging in any attack, hack, denial-of-service attack, interference, or exploit of any MixDAO smart contract. Operations performed by a User that are technically permitted by a MixDAO smart contract may nevertheless be a violation of our Terms of Service and the law.
MixDAO makes no representations or warranties, express or implied, written or oral, made by or on behalf of MixDAO in connection therewith, including any representations or warranties of title, non-infringement, functionality, merchantability, usage, security, suitability or fitness for any particular purpose or intended use, workmanship or technical quality of any MixDAO Item or work, smart contract code, or software.
MixDAO shall not be liable to you for contract, tort, or any other types of damages, including indirect, special, incidental, consequential, punitive or exemplary damages arising out of or related to participation in or the outcome of a Platform transaction, whether or not MixDAO has been advised or knew of the possibility of such damages. MixDAO liability for damages under this Agreement shall in all cases be limited to, and under no circumstances shall exceed, the amount of proceeds actually received by MixDAO arising out of the damage after deducting all costs, fees and liabilities incurred by or on behalf of MixDAO.
MixDAO reserves, the right, in its sole and absolute discretion, to amend, modify, alter or supplement these Terms and the smart contracts accessible through the Website from time to time.
All Platform transactions are executed by one or more Smart Contracts processed on the Ethereum Virtual Machine and not under any direct control by MIX DAO LLC, or any other third party. The User acknowledges and agrees that MixDAO and MIX DAO LLC are not parties to any agreement or transaction between any Users involving the purchase, sale, or transfer of MixDAO Items, whether or not a commission or fee is received by MixDAO as a consequence of the transaction.
MixDAO owns all legal right, title, and interest in all intellectual property rights to creative Works underlying MixDAO Items Minted on the MixDAO Platform, including but not limited to copyrights and trademarks. As the copyright owner, MixDAO enjoys several exclusive rights to the Work, including the right to reproduce, the right to prepare derivative works, the right to distribute, and the right to display or perform the Work.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, MIX DAO LLC AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHARE OWNERS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MIX DAO LLC Makes No Representations or Warranties TO THE EXTENT PERMITTED BY APPLICABLE LAW, MIX DAO LLC AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR ABOUT PRODUCTS, THE VALUE OR TITLE OF MIXDAO ITEMS, OR THE CONTENT OF ANY THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. MIX DAO LLC AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR CONSUMPTION OF ANY PRODUCTS; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE OR SERVICES BY ANY THIRD PARTY; (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED THROUGH THE WEBSITE OR SERVICES; OR (G) LOSS OR DAMAGED CAUSED BY ANOTHER USER’S VIOLATION OF THESE TERMS.
TO THE EXTENT PERMITTED BY LAW, MIX DAO LLC AND ITS AFFILIATES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MIX DAO LLC AND ITS AFFILIATES, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE TOTAL AMOUNT YOU PAID IN FEES ON THE PLATFORM OVER THE PAST TWELVE (12) MONTHS.
Some jurisdictions do not allow the exclusion of certain warranties and limitations of liability provided in this Section. If you are in such a jurisdiction, some of the above limitations and disclaimers may not apply to you. To the extent MIX DAO LLC may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of MIX DAO LLC’s liability will be the minimum permitted by applicable law.
YOU FURTHER REPRESENT AND WARRANT THAT YOU UNDERSTAND AND ARE WILLING TO ACCEPT THE RISKS ASSOCIATED WITH CRYPTOGRAPHIC SYSTEMS SUCH AS THE SMART CONTRACTS, THE ETHEREUM BLOCKCHAIN, NON-FUNGIBLE TOKENS, THE INTERPLANETARY FILE SYSTEM, AND ARWEAVE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK OR ANY ETHEREUM ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM, ETHEREUM NETWORK, OR ANY ETHEREUM-COMPATIBLE BROWSER OR ELECTRONIC WALLET.
MIX DAO LLC IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK OR ANY ETHEREUM-COMPATIBLE BROWSER OR ELECONTRIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using the ERC-1155 standard, including the MixDAO Platform.
You acknowledge that the Platform is subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Platform. This warning and others provided in this Agreement by MIX DAO LLC in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing or accessing the Platform. The Platform may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Platform. You agree to accept the risk of the Platform failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold MIX DAO LLC accountable for any related losses. MIX DAO LLC will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, spoofing or other attack.
The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your MixDAO Items, which may also be subject to significant price volatility. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Platform, and therefore the potential utility or value of MixDAO Items. The Platform, ETH and digital assets could be impacted by one or more regulatory inquiries regulatory actions, or legislative policies which could impede or limit the ability of MIX DAO LLC to continue to develop the MixDAO Platform, or which could impede or limit your ability to access or use the Platform or Ethereum blockchain.
Use of the Platform, including the creating, buying or selling trading digital assets, may carry financial risk. Digital assets are, by their nature, highly experimental, risky, volatile and transactions carried through the Platform are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Platform at your own risk. The risk of loss in trading digital assets can be substantial. You should, therefore, carefully consider whether such buying or selling digital assets is suitable for you in light of your circumstances and financial resources. By using the Platform, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction conducted via the Platform or any underlying digital asset. You accept all consequences of using the Platform, including the risk that you may lose access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no responsibility whatsoever for and will in no circumstances be liable to you in connection with use of the Platform for performing digital asset transactions. Under no circumstances will the operation of all or any portion of the Platform be deemed to create a relationship that includes the provision or tendering of investment advice.
Users acknowledge and agree that any information regarding NFTs or Cryptocurrency obtained from MixDAO or through its Discord is not investment advice. Information discussed by affiliates and Discord members is derived from public and private sources and constitutes opinion of MixDAO, its affiliates, collaborators and Discord members only and is not offered as investment advice. Users, affiliates and Discord members assume all risks and responsibility for investments of whatever kind or nature that they make in NFTs, and Crypto assets. Users, affiliates, and Discord members hold harmless MixDAO and its collaborators for investments made by Users and affiliates from any adverse investment decisions made by such User(s) or affiliate(s).
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA (AMERICAN ARBITRATION ASSOCIATION) RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MIX DAO LLC WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
YOU AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF THROUGH COURT PROCEEDINGS. YOU WAIVE YOUR RIGHT TO ANY JURY TRIAL OF ANY CLAIM. In accordance with Title 1 Chapter 36 of the Laws of Wyoming, all controversies, claims, counterclaims, or other disputes arising between you and MIX DAO LLC relating to these Terms, the Website, or any MixDAO Items shall be submitted for binding arbitration under the Rules of the American Arbitration Association (“AAA Rules”). The locale for any arbitration shall be New York City absent agreement otherwise between the Parties. Any proceeding to contest or enforce or otherwise in respect of the arbitration, shall be held in Wyoming. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities, regulatory authorities, or other governmental agencies.
YOU AGREE THAT YOU WILL NOT ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A CLASS MEMBER OF ANY CLASS CLAIMANTS WITH RESPECT TO ANY CLAIM. CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. You may only bring individual claims, and the arbitrator may only decide individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
These Terms of Use may be modified or replaced at any time solely within the discretion of MixDAO, unless stated otherwise herein. The most current version of this Agreement will be posted on the Website with the “Last Revised” date at the bottom of the Agreement changed. Any changes or modifications will be effective immediately upon posting the revisions to the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use of the Platform by you after any modification to the Agreement constitutes your acceptance of the Agreement as modified. If you do not agree to the Agreement in effect when you access or use the Platform, we may, at any time and without liability or prior notice, modify or discontinue all or part of the Platform (including access to the Platform via any third-party links).
The User acknowledges that MIX DAO LLC may modify, change, amend, or replace one or more of the Smart Contracts from time to time. The User agrees that a modification to one or more of the Smart Contracts does not alter any right or obligation conferred by these Terms.
You agree to indemnify and hold harmless MIX DAO LLC and its affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you, a co-conspirator, or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes (which causes are hereinafter referred to as “Force Majeure”), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, pandemic, and like type incidents beyond the reasonable control of the parties.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
Neither party may assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party, provided that MIX DAO LLC may assign this Agreement without your prior consent to any of MIX DAO LLC affiliates, or to its successors in interest of any business associated with the services provided by MIX DAO LLC. This Agreement shall be binding upon the permitted assigns or transferees of each party.
These Terms will be governed by and construed under the laws of the State of Wyoming, without giving effect to any conflict of laws rules or provisions. Except as otherwise provided above you agree that any action of whatever nature arising from or relating to these Terms, the Website, or MixDAO Items will be filed only in the state or federal courts in Wyoming. You consent and submit to the personal jurisdiction of such courts for any such action. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. To the extent this Agreement deviates from the laws of Wyoming, the laws of Wyoming shall govern interpretation and enforcement of the Agreement.
Captions in these Terms of Use clauses are for reference only and are not to be applied in construction of the meaning of the clause.
Last revised 4/16/22