OVERVIEW OF TERMS AND CONDITIONS
This website is operated by Erektguy. Throughout the site, the terms “we”, “us” and “our” refer to Erektguy. Erektguy offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlinks. These Terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and conditions are considered an offer, acceptance is expressly limited to these Terms and conditions.
Any new features or tools which are added to the current website shall also be subject to the Terms and conditions. You can review the most current version of the Terms and conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ACCEPTANCE OF TERMS AND CONDITIONS
By agreeing to these Terms and conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
Our website is the platform that allows you to purchase Art in form of the NFT tokens. All NFT tokens purchasable on this website are non-utility NFT tokens that serves solely as representation of Art.
We reserve our right to extend our offers by offering you additional products and services from time to time.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - NFTS OR SERVICES
By purchasing (minting) NFTs on our website you agree and acknowledge that you (purchaser) purchase NFTs that serves solely as an representation of Art, and do not guarantee any future use, utility or value in any form.
We reserve the right, but are not obligated, to limit the sales of our NFTs or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any NFTs or services that we offer.
All descriptions of NFTs or NFTs pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any NFTs or service at any time.
We do not warrant that the quality of any NFTs, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6: SALE OF NFTS
a) By purchasing Erektguy NFTs (non-fungible tokens), you agree to the terms and conditions stated in this document. All NFTs purchased by you (purchaser) are subject to Erektguy terms and conditions, any other terms and policies presented on this website.
b) By purchasing NFTs on our website you (purchaser) confirms full compliance with the regulations of your country, including presence of all necessary experience, licenses, permits, approvals or any other documentation required by Jurisdiction of your Country, to purchase (mint) NFTs.
c) By purchasing NFTs on our website you confirm that you are not involved in any illegal practices, suit, prosecution or any legal action concerning NFTs, and any Digital asset or currency transferred to us does not come from any illegal or unlawful activity.
d) Purchasing NFTs cannot be canceled for change of mind, may require payment in full price and for the purpose of transaction execution may require connecting or provide your digital wallet. Purchasing of NFTs is non-refundable.
Section 7: Warning and Acknowledgments
a) You (purchaser) purchase (mint) NFTs entirely at your own risk and understand the risks of purchasing the NFTs, including risks stated in the following Terms and Conditions on our website. b) NFTs purchasable on this website are not intended for speculative use, are not represented as a financial product, and we do not provide in any way financial advice to you, any website visitor, purchaser, or any other person or parties. c) By purchasing NFTs on our website, you acknowledge and accept all risks that may come with extreme price volatility, including the risk of being worthless in the future. d) We do not guarantee any possible future use or utility behind any NFT tokens purchased on our website. e) We do not guarantee any particular price availability or possibilities of reselling any NFTs purchased on our website on the secondary market. f) By purchasing NFTs on our website, you agree to purchase solely Art represented in the form of the NFT tokens without any future expectation of the use, financial value, or other expectations. g) By purchasing an NFTs on our website you understand and accept any potential legal risks that can affect you by purchasing NFTs on our website. h) By purchasing an NFTs on our website you understand and accept that NFTs purchase can be affected by technological risks, or any other risks associated with blockchain or NFT industry in general.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and conditions.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and conditions, you are prohibited from using the site or its content and any product ( NFTs) purchased on our website: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
a) We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. b) We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. c) You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. d) You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. e) In no case shall Erektguy team, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Erektguy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms and conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and conditions are effective unless and until terminated by either you or us. You may terminate these Terms and conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and conditions shall not constitute a waiver of such right or provision. These Terms and conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and conditions). Any ambiguities in the interpretation of these Terms and conditions shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms and conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
SECTION 19 - CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and conditions and at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and conditions constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms and conditions should be sent to us at email erektguy@protonmail.com .
SECTION 21 - DEFINITIONS:
Purchaser: Refers to any person who purchase (mints), hold NFTs purchased on our website You: Refers to the purchaser Terms and Conditions: Refers to this document publicly available to any website visors, purchaser, which constitutes a legally binding agreement between the purchaser and Erektguy team, governing NFT purchasing and all related legal requirements. NFTS: non-fungible token representing Art Art: means Art, Artwork, Design, Derivative Art or any other form of creative Artwork created by artist/artists. Website: refers to the website https://erektguy.wtf that mainly serves as a platform that allows you to purchase Erektguy Art in form of the NFT tokens.
Privacy policy
This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from erektguy.wtf
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”. Additionally we collect all private messages via all social media channels related to the project.
We collect Device Information using the following technologies:
“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
“Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
“Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
IPS and private messages via all social media channels to track all communication.
We use the Device Information and all private messages via all social media channels that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION We share your Personal Information with third parties to help us use your Personal Information, as described above. We use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
DO NOT TRACK Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
YOUR RIGHTS If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
DATA RETENTION When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
CHANGES We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons
CONTACT US For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at erektguy@protonmail.com.