Terms and Conditions

1. Introduction

1.1 Eligibility and Acceptance

Welcome to Dick Maniac Space Squad. These terms and conditions are entered into by and between You and Echo3 GmbH (referred to as “Echo3”, “we”, “us” or “our”). The following terms and conditions together with any documents, terms and conditions incorporated by reference (collectively, these “Terms of Service”), govern your access to and use of our Services, including www.dickmaniacspacesquad.com (“website”), or any other platform we may provide and any features, functions, products, rewards, offers, Digital Content, materials, or information that we make available on or through the Website (collectively the “services”), in existence now or in the future.

You are referred to as “You” or “your”. Together, you and Echo3 are referred to as “Parties”.

Please read the Terms and Conditions carefully before You start to use Services. Services are solely rendered on the basis of these Terms of Services. They apply whether agreed upon expressly or implicitly or in any other form. General terms and conditions, other conditions or forms of You will by no means be accepted or became part of these Terms and Conditions. If you do not agree to these Terms of Service, you may not access or use the services.

1.2 Updates to the Terms and Conditions

In the future we may change the Terms of Service from time to time without notice. All changes are effective immediately when we post them and apply when you use our services. However, if we decide to revise and update these Terms of Service the effective date will be posted so that you will always know what terms of use apply.

1.3 Storage of these Terms of Service

The Terms of Service are stored by Echo3. Via the following link you have access to the Terms of Service: www.dickmaniacspacesquad.com/terms&conditions .

1.4 Accessing the Services

We require all users to be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only use the services with your parents’ or your guardian’s approval and oversight. Subsequently your parents or the guardian is responsible for your actions. It is prohibited to use our services if you are under 13 years old.

You do not have to create an account in order to use or access the website. However, in order to access certain services, including accessing certain features on our Website, you may be required to link a digital wallet owned by you to our services. The digital wallets that we support are Browser Wallets (MetaMask, TrustWallet etc.) Network, WalletConnect, WalletLink, Ledger, Trezor, Lattice, Frame, Athereum, Formatic, Magic, Portis and Torus.

. Connecting your Wallet to our Website allows you to purchase, store and engage in transactions involving NFTs. Your use of any digital wallet is at your own risk and subject to their terms and conditions of that digital wallet. You are responsible for all use of your digital wallet and for any actions that take place using your digital wallet, whether by you or by another person. Therefore, you are solely responsible for keeping your digital wallet private key confidential and secure.

2. Purchasing “Dick Maniac Space Squad” NFT, secondary Marketplaces and Third-Party Sites

2.1 “Dick Maniac Space Squad” NFTs

“NFT” in these Terms of Service means a non-fungible token implemented on a blockchain (Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.

You may purchase a NFT through our website that links to and identifies a unique “Dick Maniac Space Squad” artwork (each a “DMSS”, and each such NFT, a “DMSS NFT”). A DMSS NFT identiﬁes the DMSS with which it is associated through a hash or a pointer in the DMSS NFT metadata. We will not mint multiple NFTs of the specific dick you purchased, but we may mint NFTs of different variations of your DMSS. Subsequently each DMSS is completely unique.

The DMSS NFTs, and any enhancements, are minted through a smart contract on the Ethereum blockchain, which is a digital distributed digital ledger of transactions maintained by a distributed peer-to-peer computer network that cryptographically validates transactions and records such transactions on the ledger. DMSS NFTs are recorded on the Ethereum blockchain, and we use smart contracts to allow you to receive DMSS NFTs.

Each DMSS NFT will include metadata with information about that specific DMSS NFT, including, but not limited to description, and any attributes we might include.

2.2 Purchasing your “Dick Maniac Space Squad” NFT

At times determined by us, we will offer NFTs for sale. We will display the prices in the Ether cryptocurrency (“ETH”). We do not guarantee that DMSS NFTs will be available for purchase at the time you seek to purchase one. Further, the prices are determined by us and we reserve the right to modify them at our discretion.

By connecting your Ethereum wallet and minting an NFT with our smart contract, you have purchased a DMSS. Your DMSS NFT will be minted directly into your wallet. With this DMSS you can show it off, sell it or use it in any other way you like. As the sole owner of the copyright in the work of art associated with the DMSS NFT, we grant to the buyer respectively owner of the respectice DMSS NFT an exclusive, worldwide license to use, in particular to reproduce, distribute, publicly perform, broadcast and make available, this work of art. An exclusive licence means that no person or company other than the licensee – that is the buyer of the DMSS NFT after the NFT purchase has been concluded between him/her and us – can exploit intellectual property rights. However, we reserve the right to use the respective work of art for marketing purposes only.

The buying process is as follows:

1. Go to the website and navigate to “Buy a maniac”

2. Connect your wallet

3. Mint an NFT

4. Confirm the purchase

5. After that you will receive a transaction confirmation

2.3 Secondary Marketplaces and Third-Party Sides

DMSS NFTs may be purchased, sold or traded on certain smart contract enabled secondary marketplaces, platforms and exchanges operated by third parties where users can sell, purchase, transfer, list for auction and bid on NFTs (“Secondary Marketplaces”). DMSS NFTs may not be compatible with all Secondary Marketplaces, and we make no guarantee about the availability or functionality of any Secondary Marketplace. You acknowledge and agree that all such DMSS NFT purchases, transfers, and sales will be entirely at your sole risk.

These Terms of Service only relate to your use of our services, and do not relate to any other website or Internet-based services, including Secondary Marketplaces, communication platforms or other websites or browser extensions to which the services may link (“Third-Party Sites”). References or links to any Third-Party Site that we make available are provided for your convenience and information only, for example, to make it convenient for you to trade your DMSS NFT. Such links should not be interpreted as endorsements by us of any Third-Party Site. We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, advertising, products, services, information or other materials on Third-Party Sites.

3. Payment, Taxes and Gas Fees

3.1 Payment

Any payments made to us will be e effectuated through the Ethereum blockchain. We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions on the Ethereum blockchain. It is solely your responsibility to conﬁrm that your payment for a DMSS NFT or an other DMSS digital product has been accepted. We do not provide refunds for any purchases that you might make on or through the website.

3.2 Taxes

You are entirely responsible for any tax liability which may arise from minting or reselling your DMSS NFT. You will pay or reimburse us for all Taxes of any jurisdiction including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, federal, state, local, foreign or other taxing jurisdiction.

3.3 Gas Fee

Since every transaction on the Ethereum blockchain requires the payment of a transaction fee (“Gas Fee”), you are required to pay a Gas Fee for each purchase of a DMSS NFT or for any Enhancements via the website. A Gas Fee or other transaction costs may also incur on a secondary marketplace. Gas Fees are paid to the network of computers that operate the Ethereum blockchain. Please note, that Gas Fees ﬂuctuate due to a number of factors.

4. Ownership and Intellectual Property

The website and services, including any DMSS, DMSS Enhancements, media, web applications, mobile applications, software, metadata, materials, design, text, images, photographs, illustrations, animation, content, media ﬁles, artwork, graphic material, databases, proprietary information, graphics and visual effects, as well as any accompanying documentation or other written materials, tangible or intangible, and all legally protectable elements of the foregoing, including, without limitation, all derivative works, translations, adaptations or variations of same, regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, and all intellectual property rights therein (all of the foregoing, individually and collectively, the “Digital Content”), are the property of Echo3 GmbH and/or where applicable, its licensors or suppliers.

You are hereby granted a limited license (without the right to sublicense) to access and use the Digital Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you other than as explicitly set forth in these Terms.

Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you other than as explicitly set forth in these Terms.

Your purchase of a DMSS NFT means, you have full ownership rights, including the right to sell and transfer it. However, we reserve the right to use the work of art related to your DMSS NFT for marketing purposes only.

5. Risk Assumption

Please note that the prices of NFTs are extremely volatile, and the fluctuations in the prices of other NFTs may impact the prices of your DMSS NFT both positively and negatively. You assume all risks about purchasing NFTs. Given the volatility NFTs such as DMSS NFTs should not be considered as a financial investment instrument.

NFTs do not constitute securities or derivatives.

Ownership of a DMSS NFT confers ownership of NFT related to the digital Art only. Accordingly no information on this website or any other documents mentioned therein is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Due to the artistic nature of DMSS it has not been registered or approved by any regulator in any jurisdiction. It is in your responsibility to confirm that the purchase of NFTs is in compliance with the laws in your jurisdiction.

NFTs, digital assets and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies including the DMSS value. You understand and accept all risk in this regard.

6. Your Warranties

You agree that you are responsible for your own conduct while accessing or using the Platform and Services, and for any consequences thereof. You agree to use the Platform only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. You warrant and agree that your use of the Platform and Services will not (and will not allow any third party to), in any manner, involve:

a. the distribution of any viruses, worms, defects, Trojan horses, corrupted ﬁles, hoaxes, or any other items of a destructive or deceptive nature;

b. making available through the website or services any content that infringes the intellectual proprietary rights of any party;

c. using the Services to violate the legal rights of others;

d. engaging in, promoting, or encouraging illegal activity (including, without limitation, money laundering);

e. interfering with other users’ enjoyment of the website or Services;

f. exploiting the Platform or Services for any unauthorized commercial purpose;

g. reformatting or framing any portion of the website or the services;

h. using any spider, site search/retrieval application, or other device to retrieve or index any portion of the website or Services, or to collect information about its users for any unauthorized purpose;

i. accessing or using the website or services for the purpose of creating a product or service that is competitive with any of our products or services;

j. impersonating another person (via the use of an email address or otherwise); or

k. acquiring DMSS NFTs through inappropriate or illegal means.

7. General Disclaimers and Limitation of Liability

7.1 General Disclaimers

Echo3 makes no warranty, express or implied, oral or written, with respect to the NFTs, the enhancements or digital content or other services, including any warranties with respect to tile, non-infringement, technical operation or performance, description or quality for a particular purpose, each of which is specifically disclaimed.

The services and content offered by Echo3, including the DMSS NFTs, are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. Except as is required by local law, any warranty of any kind is excluded by this.

We are not a broker, financial institution, or creditor.

7.2 Limitation of Liability

To the fullest extent permitted by law, in no event shall DMSS be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these Terms of Services, the services, or for any damages related to loss of profit, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise.

The access to and use of the services are at your own discretion and risk, and you shall be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.

Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of us arising out of or in any way related to these Terms of Services, the access to and use of the service, content, or any products or services purchased through the website exceed the greater of the amount received by Echo3 from the sale of NFTs that are the subject of the claim.

We are not responsible to you for any reason (whether for breaching these Terms or any other matter relating to your purchase of NFTs or enhancements) other than in the event of fraud or fraudulent misrepresentation by us or other than as expressly set out in these Terms. We have no responsibility to any person other than a purchaser in connection with the purchase of any DMSS NFT on this Platform.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

Neither we nor you will be responsible for any failure to meet any obligation which we or you have under these Terms which is caused by circumstances beyond our or your reasonable control.

8. Disputes, Governing Law, Choice of Forum

All disputes arising out of or in connection with this agreement including disputes referring to its conclusion, validity, and interpretation, are subject to the exclusive jurisdiction of the court in Salzburg.

9. This agreement will be governed by, and all disputes relating to or arising in connection with this agreement shall be resolved in and in accordance with, the substantive law of Austria.Miscellaneous

9.1 Severability clause

If any provision of these Terms is found to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not a affect the validity and enforceability of any remaining provisions.

9.2 Supremacy of these Terms of Service

These Terms represent the entire agreement between you and Echo3 GmbH relating to your right to access and use the website or services and supersede any and all prior or written or oral agreements between you and Echo3 GmbH with respect to such subject matter.

9.3 Language

This agreement is written in English. In the event of a translation and of a discrepancy, the English-Language version shall prevail. The language available for the communication between the Parties is English.