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Terms & Conditions

Cracked Bird is a collection of digital artworks (NFTs) running on the Polygon network. Users are entirely responsible for the safety and management of their own private crypto wallets. Furthermore, as the Cracked Bird smart contract runs on the Polygon network, there is no ability to undo, reverse, or restore any transactions.

1. Ownership

A. You Own the NFT. Each Cracked Bird is an NFT on the Polygon blockchain. When you purchase an NFT, you own the underlying Cracked Bird, the Art, completely. 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 Cracked Bird.

​B. Commercial use of any Cracked Bird is not prohibited. However, to operate a Cracked Bird you must own it. The marketing of an image, or even a derivative product, will be verified and ensured through the Polygon blockchain.

C.All rights to images and performances are reserved to the authors of the Cracked Bird. Possession of a Cracked Bird does not give you any copyright.

D. Feedback. You may choose to submit comments, bug reports, ideas or other feedback about the Site, including without limitation about how to improve the Site (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback in any way we choose without additional compensation to you and you hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license to incorporate and use the Feedback for any purpose.

2. Your Obligations

You are solely responsible for your own conduct while accessing or using the Site, and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (I) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or otherwise objectionable content; (II) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (III) impersonate another person; (IV) upload, post, transmit or otherwise make available through the Site any content that infringes the intellectual property or proprietary rights of any party or otherwise violates the legal rights of others; (V) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (VI) interfere with other users' use of the Site; (VII) use the Site for any unauthorized commercial purpose; (VIII) modify, adapt, translate, or reverse engineer any portion of the Site; (IX) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or any part of it; (X) use any technology to collect information about the Site’s for any unauthorized purpose; (XI) access or use the Site for the purpose of creating a product or service that is competitive with any of our products or services. If you engage in any of the activities prohibited by this Section, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account.

3. Children

Our Site is not intended for children.  You must be at least 18 years old to access this Site or purchase a Mutant Ape. If you are under 18 years old you are not permitted to use this Site for any reason. By accessing the Site, you represent and warrant that you are at least 18 years of age.

4. Behaviour

By accepting the Terms of Use, you agree to make a benevolent contribution to the community. In addition, you are committed to preventing deviant and dishonest behaviour. Finally you remain friendly and positive with all other members of the community.

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