Effective date – May 08, 2023
By purchasing a MIMOTHO non-fungible token (“NFT”) the User agrees to abide by these Terms and Conditions.
Please note that the section on Dispute Resolution contains an arbitration clause and class action waiver. By agreeing to this Agreement, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action.
“Mimotho” is ARHITEKTURA IN OBLIKOVANJE, METKA MIKULETIČ S.P., a sole proprietor registered in Slovenia or its affiliates, agents, officers, contractors, employees and mimotho.com website.
“Netis” is NETIS d.o.o., a limited company incorporated and registered in Slovenia or its affiliates, agents, officers, contractors, employees and vendors.
“Site” is defined as nft.mimotho.com, the website where the project will take place.
“MIMOTHO NFT” is a digital artwork made to include a redeemable pass to claim a custom made physical Mimotho necklace or bracelet.
“User” is defined as a consumer who purchases a Mimotho NFT and claims physical Mimotho necklace or bracelet via the Site.
“OpenSea Platform” is the marketplace that allows a User to purchase a Mimotho NFT.
General Terms and Conditions
• Only 12 available.
• Only Ether (ETH) on Ethereum is accepted.
• Physical Mimotho necklace or bracelet must be claimed by July 15, 2023; after that date the Mimotho NFT may not be redeemed for a custom necklace or bracelet.
• Must own an Mimotho NFT in order to redeem the Mimotho NFT for a custom neckalce or bracelet.
• Balance necklace dimensions: 17 mm x 5mm x 5mm; curb chain dimensions: 1,2 mm, length 50cm; ; finish: brushed or high polished
• Balance necklace materials: 925 sterling silver or 14kt rose gold or 14kt white gold
• Stability necklace dimensions: 15 mm x 4mm x 4 mm; curb chain dimensions: 1,2 mm, length 50cm; finish: brushed or high polished
• Pillar of power necklace materials: 925 sterling silver or 14kt rose gold or 14kt white gold
• Pillar of power necklace dimensions: 37,5 mm x 5mm x 5mm; curb chain dimensions: 1,2 mm, length 60cm; finish: brushed or high polished
• Pillar of power necklace materials: 925 sterling silver or 14kt rose gold or 14kt white gold
• Momentum bracelet dimensions: SIZE S/M Inner diameter: 65 mm x 50 mm; SIZE M/L Inner diameter: 68 mm x 53 mm; ; finish: brushed or high polished
• Momentum bracelet materials: 925 sterling silver or 14kt rose gold or 14kt white gold
• All design details are determined by Mimotho.
• Estimated necklace or bracelet delivery: 4-6 weeks after successful claim on Site.
• Delivery timelines may vary depending on delivery address.
For additional details, please contact: email@example.com
All sales are final. The terms of the final sale, as set forth in these NFT Terms and Conditions, supersede any contradicting terms as may be stated on any sales receipt or that are part of Mimotho’s standard return policies and practices.
Your custom necklace or bracelet is anticipated to deliver in 4-6 weeks after the successful claim on nft.mimotho.com website.
Prior to shipment of the Mimotho necklace or bracelet, Netis will verify ownership of the corresponding Mimotho NFT. lf a Mimotho NFT holder sells their Mimotho NFT prior to shipment of the necklace or bracelet, such necklace or bracelet will no longer be shipped to the client and the order shall automatically be voided. Mimotho and Netis will not be held liable.
The Mimotho NFT, custom necklace or bracelet and all underlying intellectual property (including, but not limited to, the Mimotho jewellery image depicted by the Mimotho NFT and the custom necklace or bracelet) shall be for personal, non-commercial use only. The purchase of the foregoing shall not assign, convey or otherwise transfer any intellectual property rights therein (including, but not limited to, any commercial license or rights) to the purchaser.
Individuals who are of the age of 18 years or older, who own and have access to a crypto wallet compatible with the Ethereum network (e.g. Metamask), are eligible for participation in the Mimotho NFT Project as a User. Each User must be identified on the Site with their crypto wallet.
Without limit to the generality of the following, User agrees and shall procure that neither Netis nor any other company is obliged to identify User as author of the respective works, unless required by law.
Netis shall not be liable for any losses resulting from or arising out of delays in processing transactions, inability to execute transactions, or lack of timely response from Netis customer support.
You acknowledge and agree that you may be required to pay network or miner’s fees in order for a transaction to be successful. Insufficient network fees may cause a transaction to remain in a pending state outside of Netis’s control, and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions.
Netis shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Netis. Always check the url of the Site to ensure you are visiting the right webpage, interacting with the correct Site, and to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
Subject to all applicable laws. Void where prohibited.
This User Agreement, your use of the Site & OpenSea Platform, your rights and obligations, and all actions contemplated by, arising out of or related to this User Agreement shall be governed by the laws of the Slovenia, as if this User Agreement is a contract wholly entered into and wholly performed within the Slovenia. YOU AGREE THAT ALL ORDERS ACCORDING TO THE TERMS OF THIS AGREEMENT SHALL BE DEEMED TO HAVE OCCURRED IN THE SLOVENIA AND BE SUBJECT TO THE INTERNAL LAWS OF SLOVENIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.
You agree and understand that any controversy, claim, or dispute arising out of or relating to this User Agreement or the breach thereof or the services provided to you by Netis shall be settled solely and exclusively by binding arbitration held in the county in which you reside, or another mutually agreeable location, including remotely by way of video conference administered by JAMS and conducted in English, rather than in court. You expressly agree that any dispute about the scope of this User Agreement to arbitrate and/or the arbitrability of any particular dispute shall be resolved in arbitration in accordance with this section. You expressly agree that an arbitrator may issue all appropriate declaratory and injunctive relief necessary to ensure the arbitration of disputes (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). You agree to keep any arbitration strictly confidential.
You agree that this arbitration provision applies not just to disputes with Netis but also to (a) disputes with Netis and any other party named or added as a co-defendant along with Netis at any time during a court action, and (b) disputes in which a party is named as a defendant in a court action involving claim(s) arising from or related to this Agreement or any other Netis agreement or program terms, even if Netis is not named or added as a defendant. Any such co-defendant or defendant is a third-party beneficiary entitled to enforce this arbitration provision.
You agree that the arbitrator shall have the authority to order any remedies, legal or equitable, which a party could obtain from a court of competent jurisdiction in an individual case based on the claims asserted, and nothing more. The arbitrator shall not award punitive or exemplary damages to either party, unless such remedies would otherwise be available under applicable law.
The parties agree and acknowledge that this arbitration provision evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. s. 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this arbitration provision, and the FAA shall preempt all state laws to the fullest extent permitted by the law.
You agree that any such arbitration shall be conducted in accordance with the then prevailing JAMS Streamlined Arbitration Rules & Procedures (the “Rules”), with the following exceptions to such Rules if in conflict:
- The arbitration shall be conducted by one neutral arbitrator;
- You agree that service of a demand for arbitration via Written Notice constitutes sufficient written notice of the Demand for Arbitration;
- Arbitration may proceed in the absence of any party if that party has been given Written Notice of the arbitration, as specified in this Agreement and/or the Rules; and
- Each side agrees to bear its own attorney’s fees, costs, and expenses, unless such remedies would otherwise be available under applicable law.
You agree that, wherever practicable, we will seek to appoint a fair representation of diverse arbitrators (considering gender, ethnicity and sexual orientation), and will request administering institutions to include a fair representation of diverse candidates on their rosters and list of potential arbitrator appointees.
You agree to abide by all decisions and awards rendered in such proceedings and you agree that such decisions and awards rendered by the arbitrator shall be final and conclusive, except for any appeal rights under the FAA.
To the extent you seek emergency relief in connection with any controversy, claim, or dispute arising out of or relating to this User Agreement or the breach thereof, or the services provided to you by Netis, you agree that the “Emergency Relief Procedures” provision of the JAMS Comprehensive Rules, currently Rule 2(c), shall govern. You agree and understand that this User Agreement restricts you from seeking emergency relief from any court, including without limitation temporary restraining orders and/or preliminary injunctions, and you agree that, to the extent either party breaches this User Agreement by seeking such relief from a court, that party shall be responsible for paying the opposing party’s attorneys’ fees in opposing such relief, and the arbitrator shall render an award of such attorneys’ fees at the earliest possible time after such fees are incurred.
Notwithstanding the foregoing obligation to settle disputes through arbitration, you or we may assert claims, if they qualify, in small claims (or an equivalent) court in Slovenia. However, if the claims are transferred, removed or appealed to a different court, they shall be subject to arbitration.
You agree that you or we may, without inconsistency with this arbitration provision, apply to any court for an order enforcing the arbitral award. You irrevocably and unconditionally agree to waive any objection that you may now or hereafter have to the laying of venue of any action or proceeding relating to enforcement of the arbitral award in the courts located in Slovenia.
You agree that all such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity. In arbitration the parties waive their rights to have a jury trial.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE OR FOR ANY OTHER REASON LITIGATION PROCEEDS IN COURT THEN YOU AGREE THAT YOU AND WE:
• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS USER AGREEMENT OR THE SERVICES THAT NETIS PROVIDES OR ANY OTHER MATTER INVOLVING US HERETO, AND
• SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS LOCATED IN SLOVENIA AND YOU AGREE NOT TO INSTITUTE ANY SUCH ACTION OR PROCEEDING IN ANY OTHER COURT IN ANY OTHER JURISDICTION.
You agree to arbitrate solely on an individual basis, and agree and understand that this User Agreement does not permit class action or private attorney general litigation or arbitration of any claims brought as a plaintiff or class member in any class or representative arbitration proceeding or litigation. The arbitral or other tribunal may not consolidate more than one User’s claims and may not otherwise preside over any form of a representative or class proceeding.
If any portion of this arbitration clause is held to be invalid or unenforceable, the remaining portions will nevertheless remain in force, subject to two exceptions: (a) if a determination is made that the prohibition on class litigation and arbitration is unenforceable, and that determination is not reversed on appeal, then this arbitration clause (except for this sentence) will be void in its entirety; and (b) if a court determines that a public injunctive relief claim may proceed notwithstanding the prohibition on class litigation and arbitration, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, any individual claims will be arbitrated, and the parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded.
You agree that this section of this Agreement has been included to rapidly and inexpensively resolve any disputes with respect to the matters described herein, and that this section shall be grounds for stay or dismissal of any court action commenced by you with respect to a dispute arising out of such matters.
A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate the Agreement or your mimotho account, you may simply discontinue using our Services.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree to indemnify and hold Netis, its affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
Limitation of Liability; No Warranty.
IN NO EVENT SHALL NETIS, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (I) FOR ANY LOSS OF THE DIGITAL ASSETS ASSOCIATED WITH YOUR DIGITAL ASSET WALLET AT THE TIME OF THE EVENT OR CIRCUMSTANCE GIVING RISE TO YOUR CLAIM OR (II) FOR ANY LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SITE, OR THIS AGREEMENT, EVEN IF NETIS HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF NETIS’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT NETIS BY APPLICABLE LAW, NETIS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NETIS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. NETIS DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES AND SITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT NETIS WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (I) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSET PRICE DATA, OR ANY ERROR, DELAY OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF THE SERVICES OR ANY WEBSITE OR SERVICE LINKED TO OUR WEBSITE; (III) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF THE SERVICES; OR (IV) ANY OTHER LOSSES THAT MAY ARISE FROM THE MISUSE OF THE SITE.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of Slovenia.
The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Slovenia.
Mimotho reserves the right, at our sole discretion, to modify or replace these Terms at any time.
If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.
If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.
Your continued use of our Services will be subject to the new terms.