Terms & Conditions
(Last Updated: January 2, 2022)
These Terms & Conditions are entered into by and between You and OFF LIVE Pte. Ltd. and its affiliates (“MYTY”, “we”, or “us”). The Terms prescribed here, together with any other documents provided to You, expressly incorporated by reference (collectively, referred to as the “Terms”), govern Your access to and use of our Services (as defined below). Please read the Terms carefully before You start to use the Services. By using the Services or by clicking to accept or agree to the Terms when this option is made available to You, You accept and agree to bound and abide by these Terms and by our Privacy Policy, incorporated herein by reference. If You do not want to agree to these Terms, You must not access or use the Services. You, Mr. Misang and MYTY may be collectively referred to as “Parties” under these Terms.
GhostsProject is a collection of digital artworks and decentralized software running on the Ethereum network. This website is only an interface allowing participants to execute smart contracts to purchase digital artworks of GhostsProject. No ownership of GHOST is managed by this website or MYTY. Users are entirely responsible for the safety and management of their own private Ethereum wallets and validating all transactions and contracts generated by this website before approval of all transactions. Furthermore, as GhostsProject smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions by MYTY.
This website and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website and its connected services, You are accepting sole responsibility for any and all transactions involving GHOST(s) in GhostsProject (as defined below). In order to use this website and its connect services, You agree to hold MYTY harmless for any and all problems, errors and failures, no matter the cause or source of those errors and accept sole responsibility for all transactions. By using the Services, You represent and warrant that You are of legal capacity to form a binding contract with MYTY, are not associated with a company providing similar services, and meet all the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Services.
2.1. “Art” refers to the underlying art respective to each GHOST.
2.2 "GhostsProject" refers to the original collection of 10,000 generated avatars.
2.3. “GHOST” is defined as any individual art, design, 2D drawings or 3D models that may be associated with GhostsProject that you Own, represented as a NFT.
2.4. “NFT” refers to any blockchain-tracked, non-fungible token, such as those conforming to the Ethereum ERC-721 or ERC-1155 standard.
2.5 “Own” is defined as possession of a GHOST NFT in your Ethereum wallet, that you have rightfully acquired from a legitimate source, where proof of such possession is recorded on the blockchain.
2.6. “Mr. Misang” is the original creator of digital artworks and deemed to be an affiliate of MYTY under these Terms.
2.7 “Services” refers to GhostsProject, and the related website, content, tools, apps, functionality and other services offered by MYTY.
Each GHOST is a digital artwork, represented as a non-fungible token or NFT, running on the Ethereum network. When you successfully execute a transaction to purchase a GHOST, you own the underlying GHOST, the Art, completely. Ownership of GHOST is mediated entirely by GhostsProject smart contract and the Ethereum network: at no point may we seize, freeze, or otherwise modify the ownership of any GHOST. Your ownership of a GHOST is restricted to only successfully purchased GHOST(s), and it is not applicable to other GHOSTs owned by other users and GhostsProject at large.
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by MYTY, its licensors, or other providers of such material and are protected by applicable international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We grant You a limited, personal, non-exclusive, and non-transferable license to access and use the Services only as expressly permitted in these Terms. You must not reproduce, distribute, license, sell, modify, create derivative works of, publicly display, publicly perform, republish, broadcast, download, store, or transmit any of the material accessible using our Services, except as follows: (i) Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials, (ii) You may store files that are automatically cached by Your web browser for display enhancement purposes and (iii) You may print one copy of a reasonable number of pages of the Services for Your own personal, non-commercial use and not for further reproduction, publication, or distribution. You must not: (a) modify copies of any materials of the Services, except as expressly permitted by these Terms; and (b) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You acknowledge and agree that, notwithstanding anything else set out in these Terms, Mr. Misang owns all worldwide legal right, title and interest in and to the Art, and all intellectual property rights therein. The rights that You have in and to the Art are limited to those described in the Terms. Mr. Misang reserves all rights in and to the Art not expressly granted to You in the NFT Licenses set out below. You acknowledge and agree that Mr. Misang has unlimited right to use, copy, modify and display Arts for the purpose of creating derivative works based on the protected work, GhostsProject, as an original creator, author and copyright holder of the Art in respect of GhostsProject.
The GHOST NFT is public domain under CC0
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
Additionally, You agree not to: (a) Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services, (b) Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services, (c) Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent, (d) Use any device, software, or routine that interferes with the proper working of the Services, (e) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, (f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services, (g) Attack the Services via a denial-of-service attack or a distributed denial-of-service attack, or (h) Otherwise attempt to interfere with the proper working of the Services.
When You purchase a GHOST NFT, Your transaction will be conducted in its entirety on the Ethereum network. GhostsProject has no control over such transactions or the Ethereum network, cannot reverse or issue refunds in connection with such transactions, and is not liable for any loss, damage or harm that you may incur as a result of such transactions. You agree that all payments made through GhostsProject website are final, and You will not challenge or dispute the charge with any third party. Your purchase of a GHOST NFT, like all transactions on the Ethereum network, will require You to pay a transaction charge (or gas fees) to use the Ethereum network, in addition to the stated purchase price of the GHOST NFT.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other user (whether registered or a guest) of the Services, or by anyone who may be informed of any of its contents. The Services include content provided by third parties, including materials provided by other third party service providers, financial institutions, and/or other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by GhostsProject, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of GhostsProject. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on our websites from time to time, but the content is not necessarily complete or up-to-date. Any of the material on any website may be out of date at any given time, and we are under no obligation to update such material. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the website. Your continued use of the Services following the posting of revised Terms means that You accept and agree to the changes. You are expected to check this page from time to time, so You are aware of any changes, as they are binding on You.
All information we collect through the Services is subject to our Privacy Policy. By using the Services, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy.
If the Services contain links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in any third-party product marketplaces and in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those third-party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to in the Services, You do so entirely at Your own risk and subject to the terms and conditions of use for, and privacy policies applicable to, such websites. You will comply with, and You acknowledge that You are subject to, all terms and conditions of use for, and privacy policies applicable to, all third parties whose services interoperate with, or are otherwise accessed from, the Services.
In respect of your use of the Services, You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, THE WEBSITE, OR ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY POSTED MATERIAL, OR ON ANY WEBSITE LINKED TO THE SERVICES. YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THE WEBSITES, THEIR CONTENT, AND ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GHOSTSPROJECT OR MYTY, NOR ANY PERSON ASSOCIATED WITH GHOSTSPROJECT OR MYTY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER GHOSTSPROJECT OR MYTY NOR ANYONE ASSOCIATED WITH GHOSTSPROJECT OR MYTY REPRESENTS OR WARRANTS THAT THE SERVICES, THE WEBSITES, THEIR CONTENT, OR ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR ANY OTHER FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, GHOSTSPROJECT OR MYTY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GHOSTSPROJECT OR MYTY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT OF THE SERVICES OR SUCH OTHER WEBSITES, 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, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF GHOSTSPROJECT OR MYTY EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO GHOSTSPROJECT OR MYTY IN THE TWELVE MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. YOU ACKNOWLEDGE AND AGREE THAT GHOSTSPROJECT OR MYTY HAS MADE THE SERVICES AVAILABLE TO YOU IN RELIANCE ON THE LIMITATIONS OF LIABILITY IN THIS SECTION 13, AND THE DISCLAIMER OF WARRANTIES IN SECTION 10 ABOVE, AND WITHOUT SUCH DISCLAIMERS AND LIMITATIONS GHOSTSPROJECT OR MYTY WOULD NOT BE ABLE TO OFFER THE SERVICES TO YOU.
You represent and warrant that your purchase of GHOST NFT(s) will not amount to: (a) breach of any agreements with third parties; (b) breach of any agreements with banks or financial institutions, or any other form of agreement; (c) breach of any applicable laws in your jurisdiction; or (d) an infringement, misappropriate or violation of a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary intellectual rights or rights of publicity or privacy, or result in violation of any applicable law or regulation.
You further represent and warrant that, you understand the cryptocurrencies and NFT market, along with associated risks, expenses, and fees. To initiate certain transactions on GhostsProject website, you must voluntarily invoke one or more smart contract operations from an Ethereum wallet. All such transactions on the website, including sale or purchases of NFT(s) are initiated though one or more smart contracts at your sole discretion and complete risk. The smart contracts are configured to facilitate the execution of a sale or transfer of an GHOST NFT. You acknowledge the risk of GhostsProject smart contracts and agree to be bound by the outcome of any GhostsProject smart contract operation by invoking, calling, requesting, or otherwise engaging with the smart contract, whether or not the smart contract behaves as per your expectations. You acknowledge and agree that there are risks associated with purchasing and holding NFT(s) and using blockchain technology. These including, but are not limited to, risk of losing access to NFT(s) due to loss of private key(s), custodial error or purchaser error, risk of mining or blockchain attacks, risk of hacking and security weaknesses, risk of unfavourable regulatory intervention in one or more jurisdictions, risks related to token taxation, risk of personal information disclosure, risk of uninsured losses, unanticipated risks, and volatility risks.
You agree to defend, indemnify, and hold harmless GhostsProject and/or MYTY, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms or Your use of the Services, including, but not limited to, Your submissions, any use of the Services’ content, functions, and products other than as expressly authorized in these Terms, or Your use of any information obtained from the Services.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS CERTAIN PROVISIONS, SUCH AS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS THE YOUR LEGAL RIGHTS. THIS SECTION REQUIRES THE PURCHASER TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Each Party (i) waives all its respective right(s) to have any and all disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") arising from or related to this Agreement resolved in a court, and (ii) waives all its respective right(s) to have any Disputes heard before a court. All Disputes shall first be resolved by way of mediation between the authorized representatives of the Parties. If the aforementioned mediation by the Parties do not provide a resolution to the Dispute, the Parties shall arbitrate such Dispute through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court). Any Dispute shall be referred to and finally resolved by individual binding arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the applicable Arbitration Rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference in this Section 15. The seat and venue of the SIAC arbitration shall be Singapore. The SIAC arbitration tribunal in respect of the Dispute shall consist of 1 arbitrator and the language of the arbitration shall be English. You and we expressly waive any form of trial by jury, in any jurisdiction, provided that we may seek injunctive or other equitable relief in any relevant court of jurisdiction, to grant it in the event of an actual or threatened infringement or misappropriation of intellectual property rights. You acknowledge that discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration.
Neither You nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all the preceding language in this Disputes section will be null and void. This Disputes section, including, without limitation, the arbitration agreement and class action waivers contained herein, will survive the termination of Your relationship with us.
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Singapore without giving effect to any choice or conflict of law provision or rule, that would cause the application of the laws of any other jurisdiction. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
No waiver by GhostsProject and/or MYTY of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GhostsProject and/or MYTY to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms and our Privacy Policy constitute the sole and entire agreement between You and us, regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.