Terms of Use

Terms of Use 

Last updated: October 5, 2022 

Website: https://mystyk.art/   

Please read these Terms and of Use carefully before using our Site. 

AGREEMENT  

These Terms of Use (the “Terms”) apply to your access and use of website available at https://mystyk.art/ (the “Site”) and your ownership and display of the MYSTYK non-fungible tokens (the “MYSTYK NFTs”). These Terms constitute a legally binding agreement between you (“you”, “your”), whether personally or on behalf of an entity, and ARTS LXF INC and its affiliates and subsidiaries (“Company,” “we,” “us,” or “our”). These Terms expressly incorporate any other documents referenced herein, including our Privacy Policy as well as all content (“Content”) offered on or through the Site, including the MYSTYK NFTs. By accessing the Site, you are deemed to have read, understood, and agreed to be bound by and accept these Terms and our Privacy Policy. If you do not agree with these Terms and our Privacy Policy, then you are expressly prohibited from using the Site and you must discontinue use immediately.   

This Site is intended for users who are 18 years old or older, or who have reached the age of majority in their country or jurisdiction.  

ACCEPTABLE USE 

You agree to use the Site in accordance with any and all applicable laws and regulations. Under these Terms, you shall not: 

a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Site and the MYSTYK NFTs, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;  

b) duplicate, decompile, reverse engineer, disassemble or decode the Site (including any underlying algorithm), or attempt to do so;  

c) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo or image displayed on or through the Site or the MYSTYK NFTs;  

d) use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software;  

e) access or use the Site in any manner that could disable, overburden, damage, disrupt or impair the Site or interfere with any other party’s access to or use of the Site or use any device, software or routine that causes the same; 

f) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site, or the computer systems or networks connected to the Site;  

g) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site;  

h) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same;  

i) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems; or, 

j) use the Site for illegal, harassing, unethical, or disruptive purposes, or otherwise use the Site in a manner that is fraudulent, deceptive, threatening, defamatory, obscene, hateful, or otherwise objectionable or that creates any risk of harm, damage or liability to us, including without limitation, reputational risks, data loss, or damage to the Site or third parties. 

 
We reserve the right, in our sole discretion, to determine whether any use of the Site is in violation of these Terms or fails to constitute what we consider to be acceptable use. 

USER ACCOUNT AND WALLETS 

We may require the ownership of a MYSTYK NFT in order to access some or all parts of the Site. MYSTYK NFTs can be purchased on our Site or via third-party marketplaces. You will be required to connect your supported blockchain-based digital wallet (“Supported Wallet”) to the Site in order to confirm your ownership of a MYSTYK NFT. By connecting your Supported Wallet to the Site and accessing the Site as a result, you are deemed to have read, understood, and agreed to be bound by these Terms and our Privacy Policy. 

Supported Wallets are provided by third parties not associated or affiliated with us. You hereby acknowledge and agree that Company is not the provider of the Supported Wallets and is not responsible for any compatibility issues, errors or bugs in the Site or Supported Wallets caused in whole or in part by the Supported Wallets or its providers. Access and use of the Supported Wallets are at your own risk and discretion and subject to external terms. If you use, connect or link a Supported Wallet to the Site, you accept and acknowledge that you are bound by the terms and conditions applicable to such Supported Wallet. 

We will decide, at our sole discretion, which Supported Wallet can be connected to the Site. Without limiting any other rights, we may terminate your access or use of the Site if we determine that your Supported Wallet does not hold a MYSTYK NFT. 

You are solely responsible for the security of your Supported Wallet, including any associated credentials, passwords, seed words, seed phrases, and keys. We shall not be held responsible for any risk associated with your use and access of a Supported Wallet. We cannot retrieve your MYSTYK NFT from your Supported Wallet in the event that you lose access to your Supported Wallet and have no control over your purchase, transfer, storage, sale, use, ownership or maintenance of a MYSTYK NFT. We make no representations or warranties in relation to and accept no responsibility or liability to you in connection with your use of a Supported Wallet. 

TRANSFER OR SALE OF MYSTYK NFTS (SECONDARY SALES) 

You and, where applicable, all subsequent owners of the MYSTYK NFT, shall have the right to resell the MYSTYK NFT on third-party marketplaces (an “Authorized Marketplace”) which allow the purchase and sale of NFTs, provided that: 

  1.  the transferee or purchaser understands and accepts these Terms and the terms of the marketplace (if applicable);  
  1. the marketplace cryptographically verifies each NFT owner’s rights to display and list an NFT for sale to ensure that only the actual owner of an NFT can proceed with its resale; and  
  1. the marketplace provides or allows for a percentage of the resale price to be automatically granted to us upon resale. 

As a first owner of a MYSTYK NFT from the signature collection (as further defined on our Site), you are not required to transfer ownership of the physical version (print) of your MYSTYK NFT upon the sale of the MYSTYK NFT.  

We are not responsible for any liability arising from the sale or transfer of your MYSTYK NFT to a third-party, whether directly or through an Authorized Marketplace. 

Additional fees (including gas fees) may be required at the time of transfer or sale of an NFT on an Authorized Marketplace. We do not monitor nor benefit from these fees. We may however benefit from a percentage of the resale price of your MYSTYK NFT, as set forth on our Site and subject to the Authorized Marketplace’s policy on secondary sales. 

DISCLAIMERS 

The information contained within the Site is for general informational and entertainment purposes only and is neither an offer to sell nor a solicitation of an offer to purchase any security and may not be relied upon for investment purposes.  

DISCLAIMER OF WARRANTIES 

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY LOSSES, HARM OR LIABILITIES INCURRED AS A RESULT OF USING OUR SITE. THE INFORMATION ON THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU AGREE THAT YOUR USE OF THE SITE AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY THE COMPANY TO THE FULLEST EXTENT PERMITTED BY LAW. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY LOSSES, HARM OR LIABILITIES INCURRES AS A RESULT OF YOUR INVESTMENT DECISIONS. 

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR YOUR PURCHASE, TRANSFER, STORAGE, USE, OWNERSHIP OR MAINTENANCE OF YOUR MYSTYK NFT OR FOR ANY EVENT THAT RESULTS IN YOUR INABILITY TO ACCESS YOUR MYSTYK NFT. 

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY OF EITHER PARTY FOR FRAUD, DEATH OR BODILY INJURY CAUSED BY NEGLIGENCE, VIOLATION OF LAWS, OR ANY OTHER ACTIVITY THAT CANNOT BE LIMITED OR EXCLUDED BY LEGITIMATE MEANS. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

LIMITATION OF LIABIITY 

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 

IN NO EVENT SHALL THE AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT BY COMPANY OR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS EXCEED $5,000 CAD. 

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION OF THE TERMS OF USE ARE AN ESSENTIAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY AND WILL APPLY EVEN IF THE REMEDIES AVAILABLE HEREUNDER ARE FOUND TO FAIL THEIR ESSENTIAL PURPOSE. 

INDEMNIFICATION 

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, and their agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site or MYSTYK NFT, (b) your violation of these Terms, (c) your violation of the rights of a third party, including another user and (d) your failure to pay any taxes or sales taxes in connection with your MYSTYK NFT or your possible use of the Site. You agree to promptly notify us of any third-party Claims and cooperate with the Company Parties in defending such Claims. You further agree that the Company Parties shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US. 

THIRD-PARTY LINKS TO OTHER SITES 

The Site may contain links to independent third-party websites or services that are not owned or controlled by us. We have no editorial control and are not responsible for the content of such third-party websites, nor do we endorse the accuracy or reliability of such content. You further acknowledge and agree that Company and its officers, directors, employees or agents, 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 your use or reliance on the content available on or through any such third-party websites. We strongly recommend that you carefully read the terms and conditions and privacy policies of any third-party websites that you visit. 

‍INTELLECTUAL PROPERTY  

Unless otherwise stated in writing by us, we retain the sole and exclusive property on all intellectual property rights, including all copyright and trademark, in all content and other materials contained on our Site or provided in connection with our Site. This includes but is not limited to any and all source code, databases, functionality, software, photos, designs, graphics, images, pictures, icons, audiovisual content, videos, sounds, text, source code, selection of information, compilation of data, aggregated data, collective work, trademarks, logos, slogans, arrangement and presentation of all content and the overall design of the Site. You shall receive no license or usage rights to the Site other than what is explicitly stated in these Terms. The Company logo and any Company product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of Company or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, the look and feel of the Site’s Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission. 

MYSTYK NFT LICENSE 

By agreeing to these Terms, you agree to be bound by the license (“License”) below governing the rights you have to any MYSTYK NFTs you own. You acknowledge and accept that the License may limit or restrict rights that you already have to the MYSTYK NFT. If, prior to agreeing to these Terms, you have any rights to a MYSTYK NFT that are incompatible or inconsistent with the License (“Remaining Rights”), you hereby agree to transfer all Remaining Rights to Company.  

  1. Ownership 

You acknowledge and agree that we (or, as applicable, our licensors) own all worldwide legal right, title and interest in and to the art, design, drawing, or other pictorial or graphic work of authorship that may be underlying or associated with a MYSTYK NFT that you own (the “Art”), and all intellectual property rights therein. The rights that you have in and to the Art are limited to those described in this License. We reserve all rights in and to the Art not expressly granted to you in this License. 

  1. License 

Subject to and conditioned upon your continued compliance with the terms of this License, Company grants you a worldwide, non-exclusive, royalty-free license to use, copy, and display the Art associated with your MYSTYK NFT, so long as you use the MYSTYK NFT for your own personal, non-commercial use or are listing or selling the MYSTYK NFT on an Authorized Marketplace. 

  1. Restrictions 

You agree not to use the Art associated with your MYSTYK NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others. 

  1. Terms of License 

The License granted above applies only to the extent that you continue to own the applicable MYSTYK NFT. If at any time you sell, trade, donate, give away, or otherwise transfer ownership of your MYSTYK NFT for any reason, the License granted will immediately be transferred to the new owner with respect to that MYSTYK NFT as set forth above without the requirement of notice, and you will have no further rights in or to the Art associated with that MYSTYK NFT. If you exceed the scope of the License without entering into a broader license agreement with or obtaining an exemption from Company, you acknowledge and agree that: (i) you are in breach of this License; (ii) in addition to any remedies that may be available to us at law or in equity, we may immediately terminate this License, without the requirement of notice; and (iii) you will be responsible to reimburse us for any costs and expenses incurred by us during the course of enforcing the terms of this License against you. 

You further agree that you are not receiving any copyright interest in the MYSTYK NFT or its content, and indeed, you agree that we may sell, license, modify, display, broadcast and create derivative works based upon your MYSTYK NFT or its content. Any commercial exploitation of the MYSTYK NFT could subject you to claims of copyright infringement.  

If you are unsure whether a contemplated use of the Site or a MYSTYK NFT would violate these Terms, please contact us.  

‍‍MODIFICATIONS, INTERRUPTIONS 

We may, in our sole discretion, make any changes or modifications to these Terms or replace them at any time and for any reason. We will notify you of any changes by posting the revised Terms on our Site and updating the date at the top of these Terms, and you hereby agree to waive any right to receive additional notices of any changes or modifications. You are responsible to review these Terms occasionally and your continued use of the Site will be deemed as an acceptance of such revised Terms. If you do not agree with the changes, you must discontinue use of the Site. 

We reserve the right to change, modify, or remove any content from the Site at any time or for any reason at our sole discretion, without notice and we have no obligation to update any information or content on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice. As such, we will not be liable to you or any third party for any modification of content, change, suspension, or discontinuance of the Site. 

While we strive to ensure the Site is available 24/7, we cannot guarantee it will be. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, which may result in interruptions, delays, or errors on the Site.  

You agree and acknowledge that we shall not be liable for any delays, errors or interruptions in the transmission or delivery of data via the Site and we shall have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime, maintenance or discontinuance. Nothing in these Terms shall be construed as an obligation for us to maintain the Site or to supply any corrections, updates, or releases in connection therewith. 

TERMINATION 

Company has the right, without providing notice to you, to take all or any of the following actions (with or without notice), or take any other action we reasonably deem appropriate:  

  1. terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms; 
  1. issue a warning to you.  

USERS OUTSIDE OF CANADA 

The Company is a Québec corporation. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate, available or legal for use outside of Canada. If you choose to access the Site from outside of Canada, you do so on your own initiative and you are solely responsible for complying with applicable laws. We make no representations that our Site will be available for access or use outside of Canada, but any access or use outside of Canada will be subject to these Terms. Access and use of this Site is prohibited where this Site is illegal.  

DISPUTES RESOLUTION 

If you have a dispute with Company arising under these Terms, we will attempt to resolve such dispute through our support team. If we cannot resolve the dispute through our support team within 30 days of your notice to Company regarding the dispute, then the determination of the dispute shall be settled solely and exclusively by final and conclusive binding arbitration in the City of Montréal, Province of Québec.  

Where applicable, both you and Company agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. Where applicable, there will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action, or as a member in any such class or collective proceeding (the “Class Action Waiver”).  

Notwithstanding any other provision of these Terms or the applicable arbitration rules, where applicable, disputes regarding the enforceability, revocability, scope, or validity or breach of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. You and Company agree that you will not be retaliated against, disciplined or threatened with discipline as a result of your filing or participating in a class or collective action in any forum. However, we may lawfully seek enforcement of the arbitration clause set out above and the Class Action Waiver under the applicable law and seek dismissal of such class or collective actions or claims.  

If for any reason the arbitration provisions set out above is not applicable, then each party, (i) to the fullest extent permitted by applicable law, hereby irrevocably waives all right to trial by jury in relation to any issue relating to these Terms of Use or any other matter involving the parties, and (ii) submits to the exclusive jurisdiction and venue of the courts located in the City of Montréal, Province of Québec.  

These Terms do not hinder the rights of either party to seek injunctive relief in order to limit immediate, serious and irreparable injury. 

ENTIRE AGREEMENT 

These Terms and our Privacy Policy, constitute the entire agreement and understanding between you and us relating to your use of the Site and MYSTYK NFTs. Our failure to insist on, exercise or enforce any right or provision of these Terms shall not be considered or deemed as a waiver of such rights. Any waiver must be in writing to be effective. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms supersede and replace any prior agreements we might have between us regarding the Site and MYSTYK NFTs. 

GOVERNING LAW 

This Agreement shall be interpreted and construed in accordance with the laws of the Province of Québec and the federal laws of Canada applicable therein.  

ASSIGNMENT 

You may not assign any rights and/or licenses granted under these Terms. We reserve the right to assign our rights without restriction, including without limitation to any Company affiliates or subsidiaries, or to any successor in interest of any business associated with the Site. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.  

SEVERABILITY 

If any provision of these Terms is determined to be invalid or unenforceable under or by any regulation, law, court of competent jurisdiction, or any government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.  

CHANGE OF CONTROL 

Should Company be acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.  

SURVIVAL 

All provisions of these Terms which by their nature extend beyond the expiration or termination of these Terms, including, without limitation, those sections pertaining to suspension or termination, cancellation, general use of the Site, disputes with Company, and general provisions, shall survive the termination or expiration of these Terms. 

CONTACT US 

If you have any questions about these Terms or if you have a complaint, please contact us via email at: info@mystyk.art.