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Terms and Conditions

Secret Society of Whales is a collection of digital artworks (NFTs) running on the Ethereum Blockchain. This website serves only as a platform for participants to exchange digital collectibles. No transactions can be undone, reversed, restored, or refunded. Users are solely responsible for the security and management of their own private Ethereum wallets, as well as confirming and approving all transactions and contracts made through this website. This website and its related services are offered "as is" and "as available," with no warranties expressed or implied. By using this website, you agree to take full responsibility for any and all transactions involving digital collectibles from the Secret Society of Whales.

These NFTs are not intended as investments. They serve exclusively as collectible objects for collectible purposes. They are not intended for any investment purposes. We do not guarantee that these NFTs will hold any particular value once minted on our website. You agree to hold us harmless for any losses you may incur as a consequence of minting your NFT. These potential losses include any gas fees for failed transactions, any excessive gas fees charged due to website or smart contract bugs, and any loss of your NFT due to website or smart contract bugs. You are responsible for any tax liability which may arise from minting or reselling your NFT(s). Class Action Waiver: You agree to waive any class action status, and any legal dispute around the NFTs project. Children: You agree that you are over the age of 18, or the legal age within your jurisdiction.

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Ownership

I. You own the NFT. On the Ethereum blockchain, each Whale is an NFT. When you buy the NFT, you receive complete ownership of the underlying whale and the art of the whale. The ownership of the NFT is entirely mediated by the Ethereum Network and the Smart Contract: we can never seize, freeze, or otherwise change the ownership of any Secret Society Whale. 

II. Personal Use. Subject to your continued compliance with these Terms, Ice Machine Labs, LLC grants you a worldwide, royalty-free license to use, copy, and display the purchased Art, along with any extensions that you choose to create or use, 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 Whale / NFT. The marketplace must verify each Whale owner’s rights using the Ethereum blockchain to confirm authenticity. Once confirmed, the marketplace may display the Art for each Whale. This ensures that only the actual owner can display the Art; or (iii.) as part of a third party website or application that permits the inclusion, involvement, or participation of your Whale, provided that the website/application verifies each Whale owner’s rights using the Ethereum blockchain to confirm authenticity. If verified, the third-party website can display the Art for the Whale. This ensures that only the actual owner can display the Art. The third-party site must make sure that the Whale NFT is no longer visible once the owner of the Whale leaves the website/application. 

III. Commercial Use. Subject to your continued compliance with these Terms, Ice Machine Labs, LLC grants you an unlimited, worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art (“Commercial Use”). Examples of such Commercial Use would e.g. be the use of the Art to produce and sell merchandise products (T-Shirts etc.) displaying copies of the Art. For the sake of clarity, nothing in this section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of Secret Society Whales generally, provided that the marketplace cryptographically verifies each Whale owner’s rights to display the Art for their Whale to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of Whales generally, provided that the third party website or application cryptographically verifies each Whale owner’s rights to display the Art for their Whale to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased Whale leaves the website/application; or (iii) earning revenue from any of the foregoing.

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DAO Disclaimer

The team behind Secret Society of Whales have formed a decentralized autonomous organization ("DAO"), which holds governing power and decision-making over the contents of the Secret Society of Whales community wallet. The rights reserved are granted to the owners of the organization and distributed through ownership of the DAO token, the Secret Society Wealthy Whale collection. These rights do not include the intellectual property rights surrounding Secret Society of Whales names, brand, logos, trademarks, the website, the design of the User Interface and User Experience (“UX”), the smart contract code, and all the generative traits used of the Secret Society of Whales.

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Privacy Policy

Secret Society of Whales will not collect any cookies, IP addresses, or user data in connection with your use of the website and app. This is subject to change. Additionally, you understand that the Ethereum blockchain network is a public blockchain and all of your transaction history initiated through the website will be made public. You also understand that Secret Society of Whales may work with third-party apps that collect data, such as Discord or Collab.Land for Whale Holder verifications or giveaways. However, if Secret Society of Whales aims to launch products (e.g. merch store) in the future, this will require us to collect and store user data. In that event, this provision is subject to change.

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SSoW Terms and Conditions
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