TERMS

Last Updated: June 28, 2023
Please read these Terms of Use (the “Terms”) carefully because they govern your use of the website located at https://wyckett.com and the content and functionalities accessible via the Site (collectively, the “Site”) created by Sobchak Ventures, LLC, a Florida LLC [DBA WYCKETT] (the "Company").

Agreement to Terms

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the WYCKETT. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you may not use this site or access the service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. This website is only an interface allowing you to use and interact with our site and allowing users access to purchase digital collectibles. 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 WYCKETT digital collectibles.

Users are fully responsible for the safety and management of your own digital wallet security and validating all transactions and contracts generated by this website before approval. You are entirely responsible for any risk associated with your access, including associated passwords, seed words and keys, and responsible for any risk associated with use of a digital wallet. WYCKETT is not responsible for your use of a digital wallet. WYCKETT is a collection of digital artworks (NFTs) running on the Ethereum network. WYCKETT’s smart contract runs on the Ethereum network, there is no ability to undo, retrieve, reverse or restore any transactions or NFT from your digital wallet.

Changes to these Terms or the Site

We may update the Terms from time to time in our sole discretion. If we do, we’ll post the updated Terms on the Site. It’s important that you review the Terms whenever we update them or you use the Site. If you continue to use the Site after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Site anymore. We may change or discontinue all or any part of the Site, at any time and without notice, at our sole discretion.

Minors

THE SITE IS NOT INTENDED FOR INDIVIDUALS UNDER THE AGE OF 18. You may use the Site only if you are 18 years or older and capable of forming a binding contract with WYCKETT, and not otherwise barred from using the Site under applicable law.

Purchase of NFT Artwork

When you purchase NFT (Non-Fungible Tokens) artwork ("Artwork") on the Services, you acquire both the NFT Artwork and, subject to various conditions and limitations, the rights embedded within the NFT. Each WYCKETT digital collectible is an NFT on the Ethereum blockchain. When you purchase an NFT, you own the underlying WYCKETT digital Artwork only. Ownership of the digital NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point may we seize, freeze, or otherwise modify the ownership of any WYCKETT digital collectible.

Ethereum requires the payment of a transaction fee (“Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum blockchain. This means that you will need to pay a Gas Fee for each transaction.

The price of NFTs and any associated fees or costs are highly volatile. The NFT landscape, crypto and blockchain technologies are relatively new and unsettled. New regulations could negatively impact these technologies impacting value for your NFT. You understand and assume all risks associated with the purchase of WYCKETT NFTs. WYCKETT NFTs should not be treated as an investment as the medium and standards are volatile.

Intellectual Property

You own the NFT Artwork which is stored on the Ethereum blockchain. Except as otherwise noted in this Agreement, the website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “Content”), are owned by Sobchak Ventures LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. WYCKETT grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the website solely in strict compliance with the provisions of these Terms and as permitted by the functionalities of the website available to you. WYCKETT’s name and all related names, logos, product and service names, artwork, designs, and slogans are trademarks of Sobchak Ventures LLC, its associates, affiliates, or licensors. You may not use such designs, art or marks without the prior written permission from us. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

User has only usage rights to the purchased NFT Artwork, nothing herein gives you rights to any other trademarks, other NFT artwork or other intellectual property rights belonging to Sobchak Ventures LLC including, without limitation, DARWYNS, WYCKETT, and all associated artwork, designs, names and logos. All of these rights are expressly reserved in the name of Sobchak Ventures LLC.

WYCKETT reserves all rights not expressly granted to you in this Agreement. Accordingly, nothing in this Agreement or on the website will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Platform. Platforms dedicated to secondary sales are third-party services that are not affiliated with WYCKETT and which access and use are at user’s own risk and discretion and subject to their own applicable terms.

Personal and Commercial Usage

Subject to your continued compliance with these Terms, when you purchase a WYCKETT NFT, as creator ("Creator") of the Artwork WYCKETT grants you a worldwide, royalty-free license to use, copy, and display the Artwork for your personal purposes and for commercial purposes.

When you purchase a WYCKETT NFT, you own the individual cryptographic token. Each WYCKETT NFT is minted and hosted on the Ethereum blockchain. Ownership of the NFT is mediated entirely by the smart contract and the Ethereum Network. At no point may we seize, freeze, or otherwise modify the ownership of any WYCKETT NFT.

Personal Use is subject to the following conditions:

The Artwork must not be modified or altered, and cannot be used in a way that is derogatory or harmful to the Artwork or the Creator. The Artwork may not be deconstructed or modified in any form, the underlying code may not be copied or modified.

WYCKETT grants you a worldwide royalty-free license to use, copy, and display the purchased WYCKETT NFT, along with any extensions that you choose to create or use 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 WYCKETT NFT, provided that the marketplace cryptographically verifies each WYCKETT NFT owner’s rights to display the art for their WYCKETT NFT 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 participation of your WYCKETT NFT, provided that the website/application cryptographically verifies each WYCKETT NFT owner’s rights to display the art for their WYCKETT NFT 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 WYCKETT NFT leaves the website/application. This License is subject to your continued compliance with these terms.

Commercial use is subject to the following conditions:

WYCKETT grants you an unlimited, worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the purchased WYCKETT NFT (“Commercial Use”). Examples of such Commercial Use would be the use of the Art to produce and sell merchandise products (T-Shirts etc.) 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 WYCKETT NFTs generally, provided that the marketplace cryptographically verifies each WYCKETT NFT owner’s rights to display the Art for their WYCKETT NFT to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of WYCKETT NFT generally, provided that the third party website or application cryptographically verifies each WYCKETT NFT owner’s rights to display the Art for their WYCKETT NFT 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 WYCKETT NFT leaves the website/application; or (iii) earning revenue from any of the foregoing.

User Accounts

When You create an account with WYCKETT, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Feedback

You assign all rights, title and interest in any Feedback, comments or ideas you provide to WYCKETT. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the WYCKETT. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms or Your access to or use of (or inability to access or use) any portion of the site, whether in contract, tort, strict liability, or any other legal theory, and which Your exclusive remedy for all of the foregoing shall be limited to the greater of (A) amount actually paid by You through the Service under these terms in the 12 month period preceding the date the claim arose, or (B) $200 USD.

To the maximum extent permitted by applicable law, in no event shall Sobchak Ventures LLC or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever caused to a User in relation to access and/or use of the WYCKETT website and/or services, which you may incur, howsoever caused and under any theory of liability, including, but not limited to, damages for loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data or other information, cost of procurement of substitute goods or services, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or any other intangible loss or otherwise in connection with any provision of this Terms, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. In certain states, each party's liability will be limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify, defend and hold us and the Releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with the Platform or any WYCKETT NFT you purchase; or (iii) your Submissions or other information you provide to us through the Platform. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Amendments to the Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. Your continued use of the website or services following any amendment of these Terms will signify your assent to and acceptance of its revised terms. If you do not agree to any terms or revised Terms, you may not access or use the Site. We will notify You of any changes by posting the new Terms on this page. We will let You know via a notice on our Terms page and update the "Last updated" date at the top of these Terms.

You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.

Contact Us

For more information about these Terms and Conditions, You can contact us by email at connect@darwyns.com.

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