Introduction
Hot Botties is a distributed application that runs on the Ethereum network,
using smart contracts to enable users to own and transfer non-fungible
tokens underlying unique chatbots (“Hot Botties”) comprised of
images, code, and dialog.
This website is only an interface allowing participants to browse and interact with the collection of Hot Botties chatbots. (This website together with the Hot Botties are the “Hot Botties App”). We do not retain any of the data input by users during chat sessions with Hot Botties after the sessions conclude. The App and the associated material and services are provided "as is" and "as available" without warranty of any kind.
PLEASE READ THESE TERMS OF SERVICE (THE “TERMS”) CAREFULLY BEFORE USING THE APP OR THE HOT BOTTIES. THESE TERMS GOVERN YOUR USE OF THE APP AND THE HOT BOTTIES, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE APP THE HOT BOTTIES AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE APP OR THE HOT BOTTIES OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY.
Intellectual Property
Mint Mentality LLC (“Mint Mentality”) is the sole author,
creator, and owner of all elements comprising the Hot Botties and the App,
including all related art, designs, dialog, code, copyright-protected
material, inventions, branding, names, trade dress, and trademarks
associated with the Hot Botties (the “Hot Botties IP”). Mint
Mentality retains the right to use all Hot Botties IP for any purpose,
including but not limited to, displays, marketing, new commercial products,
and services, and may license others to use the Hot Botties IP for any
purpose as well.
If you believe that your content has been copied in the App or the Hot Botties in a way that constitutes copyright infringement or other violation of your rights, please send a detailed report of your assertion to our designated copyright agent at td@mintmentality.io.
Ownership
When you purchase a Hot Bottie, you purchase a NFT on the Ethereum blockchain associated with the depicted Hot Bottie, and you own the underlying NFT completely. This means that you have the right to trade your NFT, sell it, or give it away. Ownership of the NFT is mediated entirely by the underlying smart contract and the Ethereum blockchain. The Hot Botties smart contract provides no ability to undo, reverse, or restore any transactions.
The App does not store, send, or receive Hot Botties, which are accessible
only through the ownership record maintained on the Ethereum network. Any
transfer of Hot Botties occurs within the supporting blockchain in the
Ethereum network, and not on the App.
For the sake of clarity, you understand and agree: (a) that your purchase of a Hot Bottie, whether via the App or otherwise, does not give you any rights or licenses in or to the Hot Botties IP, including, without limitation, our copyright in and to the images, code and dialog associated with each Hot Bottie (“Hot Botties Art”) other than rights expressly granted in these Terms; (b) that you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialize any elements of the Hot Botties IP without our prior written consent in each case; (c) that you will not apply for, register, or otherwise use or attempt to use any of Mint Mentality’s trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent; (d) that Mint Mentality does not guarantee that the Hot Botties, the Hot Botties Art, the App and any related material will always be functional and available; and (e) Mint Mentality may withhold consent relating to any of these Terms in its sole and absolute discretion.
License of Hot Botties Art
Subject to your continued compliance with these Terms, Mint Mentality grants you a worldwide, non-exclusive, revocable, royalty-free license to use, copy, and display the Hot Botties Art associated with the Hot Botties NFT you purchase (“Purchased Hot Bottie”) solely 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 Purchased Hot Bottie, provided that the marketplace cryptographically verifies each Hot Bottie owner’s rights to display the Art for their Purchased Hot Bottie to ensure that only the actual owner can display the Hot Botties Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Purchased Hot Bottie provided that the website/application cryptographically verifies each Hot Bottie owner’s rights to display the Hot Bottie Art for their Purchased Hot Bottie to ensure that only the actual owner can display the Hot Bottie Art, and provided that the Hot Bottie Art is no longer visible once the owner of the Purchased Hot Bottie leaves the website/application.
This license applies only to the extent that you continue to own the applicable Purchased Hot Bottie. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Purchased Hot Bottie for any reason, or have your rights in the Purchased Hot Bottie terminated under these Terms, the license granted to you in the Hot Bottie Art will immediately expire without the requirement of notice, and you will have no further rights in or to the Hot Bottie Art for that Hot Bottie.
Restrictions on Use of Hot Botties
You agree that unless you receive Mint Mentality LLC's express prior
written consent, you may not: (i) modify Hot Botties IP (including Hot
Botties Art) in any way; (ii) use Hot Botties IP to advertise, market, or
sell any product or service; and (iii) use any Hot Botties IP or Purchased
Hot Bottie in any manner that violates restrictions on your conduct in
these Terms.
Conduct on the App
You agree that you are responsible for your own conduct while accessing or using the App, and for any consequences thereof. You agree to use the App 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, obscene, or otherwise objectionable content; (ii) distribute malware, 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) upload, post, transmit or otherwise make available through the App any content that infringes the intellectual property rights of any party; (v) use the App to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity; (vii) interfere with other users' enjoyment of the App; (viii) exploit the App for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the App; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the App or any part of it; (xi) reformat any portion of the App; or (xii) display any content on the App 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
Purchases or Transfers of Hot Botties
If you elect to purchase, trade, or transfer Hot Botties, any financial
transactions that you engage in will be conducted solely through the
Ethereum network. Mint Mentality will not have control over these
transactions, nor the ability to reverse any transactions. Mint Mentality
will have no liability to you or to any third party for any claims or
damages that may arise as a result of any transactions that you engage in
via the App or any other transactions that you conduct via the Ethereum
network.
No Guarantees or Future Promises
Owning a Hot Bottie-associated NFT provides no guarantee in the way of
future benefits. You agree that you are not relying on any future
commitments by Mint Mentality to host, display or offer Hot Botties, the
App or any Hot Botties IP. You accept and assume any risk related to the
quality, performance, uptime, or availability of the App or Hot Botties.
Not Intended as Investments
Hot Botties are meant to be a chatbot NFT for you to collect. They are not
meant as investment vehicles. We make absolutely no promise or guarantee
that Purchased Hot Botties will be worth anything more than what you and
the market deem them to be worth.
Taxes
You are entirely responsible for any tax liability which may arise from
minting, transferring or reselling your Purchased Hot Botties.
Not Intended for Children
The Hot Botties project is not targeted towards children. You agree that
you are over the age of 18, or above the legal age of your jurisdiction,
whichever is greater.
No Aiding Third Parties to Violate Terms
You agree that you shall not assist any third parties in violating these Terms.
Indemnification
You agree to hold harmless and indemnify Mint Mentality and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys' fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the App or Hot Botties, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the App. You agree that Mint Mentality will have control of the defense or settlement of any such claims.
Limitation of Liability
We will not be liable to you on account of anything done, omitted or suffered by us acting in good faith when providing the App and the Hot Botties to you pursuant to these Terms, including in respect of a Force Majeure Event.
We will not be liable for the performance, errors or omissions of third parties or decentralized networks not under our reasonable control.
We will have no liability or responsibility for your compliance with laws or regulations governing the transfer and use of NFTs. Further, you are solely responsible for compliance with all requirements of any applicable laws, rules, and regulations of governmental authorities.
Mint Mentality will not be liable to the you for any loss or claim in the nature of consequential or indirect loss, including without limitation, loss of profits, loss of chance, loss of expectations, or loss of opportunity.
You accept the security risks of providing information and engaging in transactions over the internet and you agree that Mint Mentality has no liability or responsibility for any breach of security unless it is due to its gross negligence.
Termination
Notwithstanding anything contained in these Terms, Mint Mentality reserves the right, without notice and in its sole discretion, to terminate your right to access or use the App or Hot Botties at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Governing Law and Venue
These Terms, and your access to and use of the App and Hot Botties, shall be governed by and construed and enforced in accordance with the laws of the State of Massachusetts, without regard to conflict of law rules or principles of the State of Massachusetts or any other jurisdiction that would cause the application of the laws of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of Suffolk County in the State of Massachusetts.