TERMS & CONDITIONS
TERMS OF SERVICE
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Collector”) and PG Trading Sagl, doing business as Bunker2171Labs (“Bunker2171Labs,” “Bunker 2171,” “we,” “us,” or “our”).
Bunker 2171 is a project of digital artwork non-fungible tokens (NFTs) composed of, among other things, the following collections: Gorilla Nemesis, Dragons 2171, Bunker Beasts, and Alien Kimera Protocol (each, a “Bunker 2171 NFT”) running on the Ethereum network.
I. ACCEPTANCE OF TERMS
Bunker2171Labs provides its services (described below) to you, the Collector, through its website and application program interface located at bunker2171.com (the “Website”) and labs.bunker2171.com (the “Website”), subject to the following Terms of Service (the “Terms”). By using or accessing the Website, you acknowledge that you have read and agree to these Terms.
Bunker2171Labs may change or amend these Terms at any time at its sole and absolute discretion. We encourage you to review these Terms and to check periodically for any updates or changes.
Collector must be at least thirteen (13) years old to access and use the Website; provided, if you are between the ages of thirteen (13) and eighteen (18) years old (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of your primary residence) you may only access and use the Website with the prior permission of your parent or legal guardian, and you represent and warrant to us that you have such permission and that your parent or legal guardian has reviewed and discussed these terms of service with you.
III. DESCRIPTION OF SERVICES
Bunker 2171 is a project composed of various collections of non-fungible tokens (“NFTs”) stored on the Ethereum blockchain: Gorilla Nemesis, Dragons 2171, Bunker Beasts, and Alien Kimera Protocol.
Amber is the utility token of the Bunker 2171 ecosystem. It is not an investment and has no economic value. Each element of the collection “Dragons 2171” can claim 1 Amber token per day for 2171 days, starting from (19-11-2021). Amber tokens are a means by which users may activate the Alien Kimera Protocol and may purchase digital/physical items exclusively inside our ecosystem. Bunker 2171 is built to be a community-driven project and does not recommend purchasing Amber for speculative investment purposes.
MutantKongz is a derivative collection minted on an OpenSea smart contract and is to be considered outside the perimeter of the relevance of these terms. It was built before the foundation of the Bunker 2171 project and the tokens of which it is composed were used as airdrop tickets for some Bunker 2171 NFTs.
The Bunker Chronicles collection was also minted on an OpenSea smart contract and will be migrated to a Bunker2171Labs proprietary contract in the future.
IV. TERMS OF SALE
Bunker2171Labs sells post-apocalyptic and mutant-themed character art authenticated as NFTs. In exchange for payment, Collector is granted an NFT. The purchase of the NFT does not grant any profit-sharing interest or equity in Bunker2171Labs, ownership of intellectual property, or any other rights.
Collector must link a Web3 Wallet (MetaMask) to the Website and use Ethereum (ETH) cryptocurrency from his Web3 Wallet to complete his purchase.
Bunker2171Labs will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With this in mind, Bunker2171Labs 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 in via the Website or using the smart contracts, or any other transactions that you conduct via the Ethereum network or a Web3 Wallet.
The Collector is responsible for any sales, use, value-added, or other governmental taxes, fees, or duties due concerning your order.
Collector represents and warrants that any purchase of an NFT by you is solely for your personal collection, use and enjoyment, and not for speculative or investment purposes, or for use as a substitute for currency or any other medium of exchange.
Bunker2171Labs owns the name and mark and other intellectual property and proprietary technologies that constitute the brand image by which Bunker2171Labs is known to the public. Intellectual property and proprietary technologies owned by Bunker2171Labs, include, but are not limited to Bunker2171Labs smart contracts, logos, trademarks, product names, service marks, and copyrightable works, including but not limited to the content of its internet sites, user interface, and metadata as it relates to Bunker2171Labs.
VII. RIGHT TO PERSONAL USE
Subject to your continued compliance with these terms, Bunker2171Labs 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: for your own personal, non-commercial use; as part of a marketplace that permits the purchase and sale of your Bunker 2171 NFT, provided that the marketplace cryptographically verifies each Collector rights to display the art for their Bunker 2171 NFT to ensure that only the actual owner can display the art; or as part of a third party website or application that permits the inclusion, involvement, or participation of your Bunker 2171 NFT, provided that the website/application cryptographically verifies each Collector rights to display the art for their Bunker 2171 NFT 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 Bunker 2171 NFT leaves the website/application.
VIII. RIGHT TO COMMERCIAL USE
Subject to your continued compliance with these terms, Bunker2171Labs grants you an unlimited, worldwide license to use, copy, and display the purchased art to create derivative works based upon the art (“Commercial Use”). Examples of such Commercial Use would 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 paragraph will be deemed to restrict you from owning or operating a marketplace that permits the use and sale of Bunker 2171 NFTs generally, provided that the marketplace cryptographically verifies each Collector’s rights to display the art for their Bunker 2171 NFT to ensure that only the actual owner can display the art; owning or operating a third party website or application that permits the inclusion, involvement, or participation of Bunker 2171 NFTs generally, provided that the third-party website or application cryptographically verifies each Collector’s rights to display the art for their Bunker 2171 NFT 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 Bunker 2171 NFT leaves the website/application; or earning revenue from any of the foregoing.
This permits the Collector to produce commercial products, but not to use the “Bunker2171Labs”, or “Bunker 2171” name or logo concerning that product. The Right to Commercial Use is effective so long as the Collector owns that same purchased Bunker 2171 NFT at the time of the derivative’s creation. A subsequent Collector is not entitled to ownership of derivatives produced by a previous Collector.
The Collector agrees to not use the purchased Bunker 2171 NFT in a derivative work that depicts or encourages illegal acts, or involves pornography, racism, obscenity, violence, libel, or slander.
By purchasing a Bunker 2171 NFT, the Collector acknowledges and agrees that these Terms are binding on subsequent Bunker 2171 NFT collectors and any succeeding collectors, causing all collectors of the purchased Bunker 2171 NFT to be subject to these Terms.
XI. RULES OF CONDUCT
As a part of using the Bunker2171Labs website, Collector agrees to not:
Modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software created by Bunker2171Labs. Hack, crack, phish, SQL inject, or otherwise threaten or harm the security of our systems or those of other collectors. Infringe on the intellectual property rights of Bunker2171Labs and its artists. Do anything that infringes on the rights of Bunker2171Labs or a third party.
XII. ASSUMPTION OF RISK
Website transactions, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations utilize experimental smart contract and blockchain technology, including NFTs, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. Collector acknowledges and agrees that such technologies are experimental, speculative, and inherently risky and may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain (i.e., “forks”) which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your cryptocurrency or NFT, or lost opportunities to buy or sell NFTs.
XIII. DISCLAIMER OF WARRANTIES
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BY USING THIS WEBSITE, COLLECTOR ACCEPTS SOLE RESPONSIBILITY FOR ANY AND ALL TRANSACTIONS INVOLVING BUNKER 2171 NFT COLLECTIBLES.
XIV. LIMITATION OF LIABILITY
COLLECTOR AGREES TO HOLD US, OUR AFFILIATED AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, LICENSEES AND ASSIGNS, HARMLESS FROM ANY LOSSES, DAMAGES, CLAIMS, COSTS, AND EXPENSES YOU MAY INCUR AS A CONSEQUENCE OF MINTING (OR ATTEMPTING TO MINT) YOUR NFT.
XV. DISPUTE RESOLUTION
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. COLLECTOR AGREES TO WAIVE ANY CLASS ACTION STATUS, CLASS ARBITRATION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. THE COSTS SHALL BE BORNE BY THE PARTY THAT INITIATES ARBITRATION.
Bunker2171Labs will not collect any cookies, IP addresses, or Collector data in connection with your use of the Website. This is subject to change. Collector understands that Bunker2171Labs may work with third-party applications that collect data, such as Discord, Collab.Land for NFT holder verifications or giveaways. Additionally, Collector understands that the Ethereum network is a public blockchain and all of your transaction history initiated through the Website will be made public.
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and any invalid provision shall be deemed to be severed from the Terms.