Terms of Service

1. Acceptance of Terms

By accessing or using WhimLand, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our Services.

2. Description of Services

WhimLand is a decentralized NFT marketplace that allows users to:

• Create, buy, sell, and trade non-fungible tokens (NFTs)
• Participate in NFT auctions
• Create and manage mystery boxes
• Manage their digital asset portfolio
• Interact with other users on the platform

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts in your jurisdiction to use our Services. By using our Services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal authority to enter into these Terms
• You are not located in a jurisdiction where use of our Services is prohibited
• You will comply with all applicable laws and regulations
• You are not a person or entity barred from using our Services under applicable laws

4. User Accounts and Wallets

Wallet Connection

To use our Services, you must connect a compatible cryptocurrency wallet. You are solely responsible for:

• Maintaining the security of your wallet and private keys
• All transactions initiated through your connected wallet
• Any loss or theft of your wallet or private keys
• All activities that occur under your wallet address

5. NFT Transactions

Buying NFTs

When you purchase an NFT on WhimLand:

• You acquire ownership of the NFT token itself, not necessarily any intellectual property rights in the underlying content
• All sales are final unless otherwise stated
• You are responsible for verifying the authenticity and ownership of NFTs before purchasing
• Transaction fees (gas fees) are your responsibility

Selling NFTs

When you list an NFT for sale:

• You represent that you own or have the right to sell the NFT
• You grant us the right to display and promote your NFT listing
• You may cancel your listing at any time before it is sold
• Once sold, the transaction is final and cannot be reversed

Creating NFTs

When you create an NFT on WhimLand:

• You represent that you own or have the necessary rights to the content you are minting
• You will not create NFTs containing illegal, harmful, or infringing content
• You are responsible for paying all associated fees (gas fees, platform fees)
• You grant us a license to display and promote your NFT on our platform

6. Fees and Payments

Our Services may involve the following fees:

• Platform Fees: We charge a 2.5% platform fee on all sales. This fee is deducted from the sale price.
• Gas Fees: Blockchain network fees (gas fees) are required for all on-chain transactions. These fees are paid to the network, not to WhimLand, and vary based on network congestion.
• Royalty Fees: Creators may set royalty fees that are paid to them on secondary sales. These fees are separate from our platform fees.

All fees are non-refundable unless required by applicable law. We reserve the right to modify our fee structure at any time, with notice to users.

7. Prohibited Activities

You agree not to:

• Use our Services for any illegal purpose or in violation of any laws
• Create, list, or sell NFTs containing illegal, harmful, or infringing content
• Infringe on intellectual property rights of others
• Engage in fraud, money laundering, or other illegal financial activities
• Manipulate prices or engage in market manipulation
• Use automated systems (bots) to interact with our Services without authorization
• Attempt to hack, disrupt, or interfere with our Services
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest information about other users
• Use our Services to transmit viruses, malware, or other harmful code

8. Intellectual Property

Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, and software, are owned by WhimLand or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Your Content

You retain ownership of any content you create or upload to our Services. By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to:

• Display and promote your NFTs on our platform
• Use your content for marketing and promotional purposes
• Improve and enhance our Services

NFT Ownership and Rights

Ownership of an NFT token does not necessarily grant ownership of the underlying intellectual property. The rights associated with an NFT depend on the specific terms set by the creator. You are responsible for understanding what rights, if any, are transferred with the NFT you purchase.

9. Disclaimers and Limitations of Liability

No Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHIMLAND SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Errors or inaccuracies in content or information
• Unauthorized access to or use of your wallet or account
• Interruption or cessation of our Services
• Bugs, viruses, or other harmful code
• Actions or inactions of third parties, including blockchain networks

Blockchain Risks

You acknowledge and agree that blockchain-based transactions are irreversible and that we have no control over blockchain networks. You are solely responsible for the security of your wallet and private keys. We are not responsible for any losses resulting from:

• Loss or theft of your private keys
• Smart contract bugs or vulnerabilities
• Blockchain network failures or forks
• Market volatility or price fluctuations

10. Indemnification

You agree to indemnify, defend, and hold harmless WhimLand, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Content you create, upload, or transmit through our Services

11. Termination

We may suspend or terminate your access to our Services at any time, with or without cause or notice, for any reason, including if you breach these Terms. Upon termination:

• Your right to use our Services will immediately cease
• We may delete your account and associated data
• All provisions of these Terms that by their nature should survive termination will survive

You may stop using our Services at any time. However, any transactions already initiated may not be cancelled.

12. Dispute Resolution

Individual Arbitration

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or our Services will be resolved through binding individual arbitration, rather than in court. You waive your right to participate in a class action lawsuit or class-wide arbitration.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by updating the "Last Updated" date at the top of this page. Your continued use of our Services after such changes constitutes your acceptance of the modified Terms.

If you do not agree with any changes to these Terms, you must stop using our Services.

14. Contact Information

If you have any questions about these Terms, please contact us at: legal@whim.land.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WhimLand regarding your use of our Services and supersede all prior agreements and understandings.