CYCLING BY THE RIVERSIDE by Portchie is a collection of non-fungible tokens (“NFTs”) based on the Ethereum blockchain to which are attached digital collectibles representing unique artworks composed of hand painted elements from artist Portchie.
These terms and conditions (“terms”) rule the relationship between CYCLING BY THE RIVERSIDE and any person (“user”, “you”) accessing and/or using CYCLING BY THE RIVERSIDE’ website (portchie-nft.com & mint.portchie-nft.com also referred to herein as “website”).
Please read these terms carefully before using the CYCLING BY THE RIVERSIDE website.
1. CONDITIONS OF USE OF THE CYCLING BY THE RIVERSIDE WEBSITE
The CYCLING BY THE RIVERSIDE website is intended to users who are at least eighteen (18) years of age. Thus, by using the CYCLING BY THE RIVERSIDE website, you confirm that you are at least eighteen (18) years old and you are deemed to have read and accepted these terms thoroughly and exhaustively.
If the user is under eighteen (18) years old, the user undertakes to obtain the prior and express consent of his/her parent or legal guardian to use the CYCLING BY THE RIVERSIDE website and to review the terms with them. The parent or legal guardian of a user under eighteen (18) years old undertakes to abide by these terms and acknowledges to be responsible for the activities of the user on the CYCLING BY THE RIVERSIDE website.
In case of your disagreement, in whole or in part, with these terms, you must immediately cease any and all use of the CYCLING BY THE RIVERSIDE website.
Access or use of the website for any other purpose as to enquire or participate in the CYCLING BY THE RIVERSIDE project is prohibited.
2. AMENDMENT TO THE TERMS
The terms may be updated from time to time as CYCLING BY THE RIVERSIDE may deem necessary or useful.
Upon disagreement to the terms, including as may be amended, you shall cease any and all utilization of the CYCLING BY THE RIVERSIDE website and related services.
3. ACCESS TO THE CYCLING BY THE RIVERSIDE WEBSITE
CYCLING BY THE RIVERSIDE reserves the right to, without notice nor compensation, temporarily or permanently, close the CYCLING BY THE RIVERSIDE website or access to one or more services in order to perform maintenance operations. CYCLING BY THE RIVERSIDE may carry out any changes and improvements to the CYCLING BY THE RIVERSIDE website and services that it deems necessary.
4.1 GENERAL SERVICES
The CYCLING BY THE RIVERSIDE website gives you access to functionalities, features and services related to CYCLING BY THE RIVERSIDE NFT collections and community (the “services”).
Access to some services may only be available to the holder of a CYCLING BY THE RIVERSIDE NFT and require proof of ownership by connecting the supported blockchain-based digital wallet to the CYCLING BY THE RIVERSIDE website (“digital wallet”) which is a MetaMask wallet.
Digital wallets and crypto exchanges are third-party products and services that are not affiliated, in any way whatsoever, with CYCLING BY THE RIVERSIDE nor in its custody or control. Access and use of digital wallets and exchanges are at the user’s own risk and discretion and subject to their own applicable terms.
You are solely responsible for your digital wallet security, including associated passwords, seed words, and keys. CYCLING BY THE RIVERSIDE shall not, in any event whatsoever, be held responsible for any risk associated with your access and/or use of a digital wallet. In the event you lose or can no longer access your digital wallet, CYCLING BY THE RIVERSIDE cannot retrieve your CYCLING BY THE RIVERSIDE NFT from your digital wallet.
4.2 NFT PRIMARY SALE SERVICES ON THE CYCLING BY THE RIVERSIDE WEBSITE
The CYCLING BY THE RIVERSIDE website may, in its sole discretion, give you access to primary sales of CYCLING BY THE RIVERSIDE NFTs through one or several of the following access rights: whitelist mint for whitelisted wallets, allow list and/or public sale.
If you decide to purchase a CYCLING BY THE RIVERSIDE NFT through the website, any financial transactions that you engage in will be conducted solely through the Ethereum network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. We 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 or any other transactions that you conduct via the Ethereum network. You acknowledge therefore that you participate at your own risk.
You will be required to connect your MetaMask digital wallet to the CYCLING BY THE RIVERSIDE website in order to, depending on the rights you have been granted on the primary sale, (a) where applicable, confirm your current ownership of a CYCLING BY THE RIVERSIDE NFT (for services like ordering a print), and/or (b) where applicable, transfer to CYCLING BY THE RIVERSIDE the applicable purchase price, and (c) receive an NFT.
Applicable purchase price of a CYCLING BY THE RIVERSIDE NFT are set forth on the CYCLING BY THE RIVERSIDE website and are binding at the time of purchase. Gas fees are additional fees required by the Ethereum network at the time of purchase to complete the sale. CYCLING BY THE RIVERSIDE does not monitor nor benefit from these fees.
CYCLING BY THE RIVERSIDE will directly transfer the CYCLING BY THE RIVERSIDE NFT you acquired (minted) to the supported digital wallet you connected to the CYCLING BY THE RIVERSIDE website, depending the case and where applicable, upon confirmation of ownership of a CYCLING BY THE RIVERSIDE NFT or upon receipt of the corresponding purchase price.
All sales completed on the CYCLING BY THE RIVERSIDE website are final. Pursuant to applicable law, you acknowledge that no withdrawal, return and/or refund rights apply.
CYCLING BY THE RIVERSIDE IP;. Other than the rights to the art, nothing herein gives you any rights to any other trademarks or other intellectual property rights belonging to Portchie including, without limitation, CYCLING BY THE RIVERSIDE and all associated with the project. All of these rights are expressly reserved in the name of Portchie.
4.4 NFT SECONDARY SALE ON THIRD-PARTY PLATFORM
Users may resell and/or purchase CYCLING BY THE RIVERSIDE NFT on third-party platforms as part of secondary sales such as but not limited to OpenSea.
Platforms dedicated to secondary sales are third-party services that are not affiliated with CYCLING BY THE RIVERSIDE and which access and use are at user’s own risk and discretion and subject to their own applicable terms.
CYCLING BY THE RIVERSIDE may benefit from a percentage of the resale price of your CYCLING BY THE RIVERSIDE NFT, as set forth on the CYCLING BY THE RIVERSIDE website and subject to the third-party platform’s policy on which the resale is completed.
You undertake to only resell and/or purchase CYCLING BY THE RIVERSIDE NFT on third-party platforms that (i) cryptographically verify each NFT owner’s rights to display and list a CYCLING BY THE RIVERSIDE NFT for sale, to ensure that only the actual owner of this NFT can proceed with its resale, and (ii) provide for a percentage of the resale price to be automatically granted to CYCLING BY THE RIVERSIDE upon resale.
By reselling and/or purchasing a CYCLING BY THE RIVERSIDE NFT on an authorized third-party platform, you agree to abide by these terms.
5.1 CYCLING BY THE RIVERSIDE WEBSITE SECURITY
CYCLING BY THE RIVERSIDE shall make its best efforts to deploy the necessary resources to ensure users’ access to and effective operation of the CYCLING BY THE RIVERSIDE website. However, given the limitations related to the internet, CYCLING BY THE RIVERSIDE cannot guarantee that access and operation of the CYCLING BY THE RIVERSIDE website will not be interrupted, such as in event of force majeure, malfunction of the users’ equipment, malfunctions of the users’ internet networks and/or maintenance operations designed to improve the CYCLING BY THE RIVERSIDE website.
The user hereby represents, warrants, and agrees that, when accessing and/or using the CYCLING BY THE RIVERSIDE website and services, the user shall refrain from any act and/or omission which could, in any way whatsoever (a) jeopardize the security of the CYCLING BY THE RIVERSIDE website; (b) attempt, in any manner, to obtain passwords or other security information from any other user; (c) violate the security of any computer network, or cracks any passwords or security encryption codes; (d) run any processes that interfere with the proper working of the CYCLING BY THE RIVERSIDE website and services; (e) disturb, hinder and/or prevent the proper functioning of the CYCLING BY THE RIVERSIDE website and services (such as, but not limited to, downloading viruses or malicious code whatsoever or by performing hacking activities of any nature or that otherwise interfere with the proper functioning of the CYCLING BY THE RIVERSIDE website and services).
You accept the inherent security risks of providing information and dealing online over the internet, and agree that we have no liability or responsibility for any breach of security unless it is due to our willful misconduct.
We will not be responsible or liable to you for any losses you incur as the result of your use of the Ethereum network nor do we have absolute control over and make no guarantees regarding any smart contracts.
5.2 MALICIOUS THIRD PARTIES
Please be aware that malicious third parties may offer for sale NFT counterfeited CYCLING BY THE RIVERSIDE property and/or falsely act as affiliated to or endorsed by CYCLING BY THE RIVERSIDE. In case of doubt, please contact CYCLING BY THE RIVERSIDE by email hello@Portchie-NFT.com.
Your interactions with these third parties are at your own risks and discretion. CYCLING BY THE RIVERSIDE is not responsible, in any way whatsoever, for any act or omission of said malicious third parties, nor any adverse consequence resulting from your interactions with them.
6. UNDERTAKINGS OF THE PARTIES
6.1 USERS UNDERTAKINGS
Users shall not, directly or indirectly, without being expressly authorized by these terms and/or the digital ownership assignment, or by prior written consent of CYCLING BY THE RIVERSIDE, in any way whatsoever:
(a) Copy, Modify, Communicate, transmit or create any derivative work, use, commercialize or reproduce all or part of the CYCLING BY THE RIVERSIDE website and/or CYCLING BY THE RIVERSIDE property, and related intellectual property rights of CYCLING BY THE RIVERSIDE, or register or attempt to register any trademark or copyright or otherwise acquire additional intellectual property rights in or to any CYCLING BY THE RIVERSIDE property; use the CYCLING BY THE RIVERSIDE website or any CYCLING BY THE RIVERSIDE property to create, endorse, support, promote or condone any content, material or speech that is, or may be deemed to be by CYCLING BY THE RIVERSIDE at its sole discretion, defamatory, obscene, pornographic, indecent, abusive, offensive, harassing, violent, hateful, racist, discriminatory, inflammatory or otherwise objectionable or inappropriate; and, in general, access, download, upload, share, communicate any content and/or use the CYCLING BY THE RIVERSIDE website or CYCLING BY THE RIVERSIDE property in a way that may infringe the rights, including intellectual property rights, of CYCLING BY THE RIVERSIDE or third parties, damage the reputation, rights and interests of CYCLING BY THE RIVERSIDE, or falsely suggest an affiliation with or endorsement by CYCLING BY THE RIVERSIDE.
(b) Decompile, disassemble the CYCLING BY THE RIVERSIDE website, reverse engineer or attempt to discover or reconstruct the source code, the ideas on which it is based, the algorithms, the file formats or the programming or interoperability interfaces of the CYCLING BY THE RIVERSIDE website except to the extent permitted by law, in any manner whatsoever. In the event the user wishes to obtain the information necessary to implement the interoperability of CYCLING BY THE RIVERSIDE the website with other software developed or independently acquired by the user, for use in accordance with the destination of the CYCLING BY THE RIVERSIDE website, the user undertakes, before relying on a third party, to first consult CYCLING BY THE RIVERSIDE which may provide the necessary information for the implementation of such interoperability. The user acknowledge that, where appropriate, the exact cost incurred internally by CYCLING BY THE RIVERSIDE for providing this information will be invoiced by CYCLING BY THE RIVERSIDE to the user;
(c) Proceed Alone, Or With help of a third-party service provider, to correct of any errors in and/or alter any content of the CYCLING BY THE RIVERSIDE website in order to make it conform to her/his own purposes (CYCLING BY THE RIVERSIDE alone reserves for itself the exercise of this right in accordance with exceptions provided by law); or integrate or combine the CYCLING BY THE RIVERSIDE website with other software or documents or create composite or derivative works with help of all or parts of the CYCLING BY THE RIVERSIDE website;
and, in general, violate any law or regulation, or make any use of the CYCLING BY THE RIVERSIDE website, services or CYCLING BY THE RIVERSIDE property that may be deemed contrary to public order or unfair.
6.2 undertakings of CYCLING BY THE RIVERSIDE
CYCLING BY THE RIVERSIDE endeavors use of reasonable efforts to (a) act honestly, fairly and professionally, (b) communicate with the holders of CYCLING BY THE RIVERSIDE NFT in a fair and clear manner, (c) prevent, identify, manage and disclose any conflicts of interest that may arise, (d) maintain all of its systems and security access protocols to appropriate standards of applicable laws and regulations, and, in general (e) act in the best interests of the holders of CYCLING BY THE RIVERSIDE NFT and treat them equally, unless provided otherwise on the CYCLING BY THE RIVERSIDE website or any other notice by CYCLING BY THE RIVERSIDE.
CYCLING BY THE RIVERSIDE offers services related to crypto-assets (NFT) that are unique and not fungible with other crypto-assets. Each CYCLING BY THE RIVERSIDE NFT is unique and exclusive to its owner.
CYCLING BY THE RIVERSIDE is not a provider of other kinds of digital asset services or asset intermediation services.
In this regard, the user hereby represents, warrants, and agrees that any use of the CYCLING BY THE RIVERSIDE website and services, including any purchase of a CYCLING BY THE RIVERSIDE NFT, is made for its sole personal collection, use and enjoyment. User shall refrain from any act and/or omission which could, in any way whatsoever, be interpreted as or suggest that (a) the user is accessing or using the CYCLING BY THE RIVERSIDE website and/or services, including purchasing a CYCLING BY THE RIVERSIDE NFT, for speculative or investment purposes, for use as a substitute for currency or other medium of exchange, or for resale or redistribution, or that (b) accessing or using the CYCLING BY THE RIVERSIDE website and/or services, including purchasing a CYCLING BY THE RIVERSIDE NFT, may constitute an opportunity to gain economic benefit or profit, or an investment, equity, or other ownership or profit-sharing interest in CYCLING BY THE RIVERSIDE or its affiliates or business partners of any kind. In this regard, CYCLING BY THE RIVERSIDE makes no warranties whatsoever with regard to any future value or resale price of a CYCLING BY THE RIVERSIDE NFT.
You understand and agree that we will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which you may incur, howsoever caused and under any theory of liability, including, but not limited to, any loss of profits (whether incurred directly or indirectly), loss of goodwill or reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss.
You are the sole responsible for your compliance with applicable laws and regulations, including tax obligations in relation with NFT and cryptocurrencies. Please be aware that changes in applicable laws and regulations may impact the services and your rights and obligations regarding your CYCLING BY THE RIVERSIDE NFT.
8. WARRANTY AND LIABILITY
It is expressly agreed that CYCLING BY THE RIVERSIDE obligations under these terms are obligations of means. To the greatest extent permitted by applicable law, the user expressly acknowledges that the CYCLING BY THE RIVERSIDE website, services, including CYCLING BY THE RIVERSIDE NFT, are provided by CYCLING BY THE RIVERSIDE “as is”. Other than as provided in these terms and to the fullest extent permissible by applicable law, CYCLING BY THE RIVERSIDE makes no other warranties or representations, express or implied, and hereby disclaims all implied warranties.
CYCLING BY THE RIVERSIDE makes no warranties whatsoever, regarding the CYCLING BY THE RIVERSIDE website, the services, and any transaction involving, in whole or in part, CYCLING BY THE RIVERSIDE NFT and/or cryptocurrencies, including, but not limited to, with regard to any risk associated with CYCLING BY THE RIVERSIDE NFT, such as, risk of failure to transfer the NFT to the user due to an error, such as forgotten passwords, mistyped addresses or incorrectly constructed transactions, mining attacks, cybersecurity attacks, blockchain malfunctions or other technical errors, telecommunications failure, unfavorable regulatory determinations or actions in one or more jurisdictions (including with respect to NFTs and/or cryptocurrencies), taxation of NFTs or cryptocurrencies, personal information disclosure, uninsured losses, unanticipated risks, volatility risks, server failure or data loss, corrupted or otherwise inaccessible digital wallets, unauthorized access, inability to access, transfer or display the NFT, risks arising from third-party providers, including third-party providers that may mint and/or store the NFT, and any damages arising from any unauthorized third-party activities, including without limitation the introduction of viruses or other malicious code, phishing attacks, sybil attacks, fifty-one percent (51%) attacks, brute forcing changes to the protocol rules of the blockchain (i.e., “forks”), or other means of attack that may affect, in any way, the NFT.
CYCLING BY THE RIVERSIDE does not warrant that the user’s access and use of the CYCLING BY THE RIVERSIDE website and the services will be uninterrupted, timely and free from errors, malfunctions, viruses and malicious codes of any kind whatsoever. No information provided on the CYCLING BY THE RIVERSIDE website is ever guaranteed in any way whatsoever.
The user expressly acknowledges and accepts that electronic communications may not be free from interferences with third parties. CYCLING BY THE RIVERSIDE shall in no event be liable for any damages, losses, costs, expenses and loss of profit, of whatever nature and kind, resulting from or arising out of such interference with third parties through the internet network.
The user shall indemnify, defend and hold Portchie, CYCLING BY THE RIVERSIDE, and its member, directors, officers, employees, and agents (collectively, "the CYCLING BY THE RIVERSIDE claimants") harmless from and against any and all claims, liabilities, judgments, awards, losses, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees), arising out from (a) any breach by the user, or any of its respective employees or agents if any, of this terms or of any warranty, representation, covenant or obligation contained herein; (b) any infringement or alleged infringement on the part of the CYCLING BY THE RIVERSIDE claimants in connection with any and all use of the CYCLING BY THE RIVERSIDE website, services and/or CYCLING BY THE RIVERSIDE NFT by the user.
8.3 LIMITATION OF LIABILITY
To the greatest extent permitted by applicable law, in no event shall CYCLING BY THE RIVERSIDE be liable for any indirect damages caused to a user in relation to access and/or use of the CYCLING BY THE RIVERSIDE website and/or the services.
9.1 BREACH OF TERMS
If the user’s utilization of the CYCLING BY THE RIVERSIDE website is deemed in breach of the terms, CYCLING BY THE RIVERSIDE reserves the right to, 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 access to the CYCLING BY THE RIVERSIDE website and/or the services available to the user. CYCLING BY THE RIVERSIDE may attempt to inform the user of its decision to suspend or limit the user’s rights and may, at its discretion, decide to restore the user’s rights.
9.2 THIRD PARTY CONTENT
The CYCLING BY THE RIVERSIDE website may display affiliate and/or non-affiliate hypertext links redirecting the user to third party websites and/or applications. CYCLING BY THE RIVERSIDE shall not be held liable, in any way whatsoever, in respect of any hypertext links to third parties that may be accessible on the CYCLING BY THE RIVERSIDE website. In this respect, please note that CYCLING BY THE RIVERSIDE neither has any control over the content published by such third parties nor monitors such content. As a result, CYCLING BY THE RIVERSIDE shall in no event be held liable in respect of any content published by third parties whatsoever. The user is hereby invited to duly read the terms and conditions governing third-party websites and applications that the user may access by clicking on hypertext links displayed on the CYCLING BY THE RIVERSIDE website and related website pages.
In the event any one or more of the provisions of these terms are unenforceable, it shall be stricken from the applicable document, but the remainder of the terms shall remain in force. The provisions declared unenforceable shall be replaced by the provisions that are closest in meaning and scope to the initial provisions.
9.4 ELECTRONIC COMMUNICATION
In accordance with applicable law, the user acknowledges and agrees that information exchanged between the user and CYCLING BY THE RIVERSIDE in electronic format (including via email) shall be deemed valid means of communication., notice and proof, equivalent to information in paper format.
10. APPLICABLE LAW
The validity of these terms and any of its terms and provisions, as well as the rights and duties of the parties hereunder, shall be governed, interpreted and enforced in accordance with the law of South Africa.In the event of a dispute arising between the parties regarding the interpretation, execution or termination of these terms, the parties shall endeavor to resolve such issue through amicable means. Notwithstanding anything to the contrary provided herein, the court of appropriate jurisdiction in South Africa shall be the venue for any formal disputes between user and CYCLING BY THE RIVERSIDE.
11. CONTACT INFORMATION
Please contact us by e-mail at email@example.com