THE BORING STUFF
TERMS & CONDITIONS
Last updated: January 1st, 2022.
Terms of Service
Welcome to FluffyHamsters.com, a website and digital collectible NFT service (collectively the “Service “) of Coinway Capital and any of its affiliates (“we,” “Coinway,” “our,” or “us”). This page explains the terms and conditions by which you may use our website (including any subdomains) and digital NFT artwork provided on or in connection with Fluffy Hamsters.
By using the website, minting, trading, creating an account and checking the “I agree” (or similar) box, or otherwise accessing or using the Service, you agree that you have read, understood, and agree to the terms and conditions, including the License Terms (collectively, the “License”), which constitute a binding agreement with us.
These Terms apply to all visitors, users, buyers, sellers, and others who access the Service (“User(s),” or “you,” or “your”).
PLEASE READ THIS AGREEMENT CAREFULLY AND BE SURE YOU UNDERSTAND IT FULLY AS IT EXPLAINS YOUR RIGHTS RELATED TO YOUR USE OF THE SERVICE AND PRODUCTS.
1. Use of Service
Fluffy Hamsters is a collection of digital PNG artworks (NFTs) forever stored on the Solana Blockchain. Users can buy (or mint) digital artworks, such as NFTs and other digital assets (“Assets”), and socialize around the content and game development (e.g., participate in Discussions via the Community Discord Server). Our Service allows for a buyer (“Buyer”) to purchase enhanced licenses (following the applicable license agreement below.) References to “buying,” “minting,” or “purchasing” Assets means buying or purchasing a digital artwork and the enhanced licenses to those Assets.
This website is only an interface allowing visitors/users to purchase and exchange digital collectibles. Users are solely responsible for the safekeeping and managing of their private Solana wallets and validating any transaction and contract generated by this website before approval.
This website and its connected services provide “as are” and “as available” without a warranty of any kind. Using this website, you accept sole responsibility for all transactions involving Fluffy Hamsters digital collectibles.
We know that your email inbox is full already, so we appreciate that you allow us to email you as well. We don’t take that trust lightly. We have a double opt-in system when you sign up to prevent spam.
When you provide us with your email address, you consent to let us use the email address to send you messages, such as project updates, company updates, special promotions, NFT community partnerships, and special offers (“Newsletters”).
Fluffy Hamsters are not responsible for any automatic filtering you or your network provider may apply to emails. Please check your spam folder and whitelist our domain (fluffyhamsters.com) to if you are having issues getting all communication.
We will not send you more than 1-4 relevant emails in one month, and you can unsubscribe with one click in the email.
We don’t share or sell your email to any third party.
We store and use your information safely with our email newsletter provider Mailchimp.
3. Service Rules
When using the Service you agree not to engage in any of the following prohibited activities:
- The use of any automated system, including without limitation “robots,” “spiders,” “offline readers,” and more
- To not access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same time by using a conventional online web browser.
- Attempting to compromise the system integrity, interfere, or security or decipher any transmissions to or from the Service servers.
- Taking any action that imposes, as we determine at our sole discretion- an unreasonable or disproportionately large load on our infrastructure.
- To not interfere with the proper working of the Service.
- The unauthorized access of any content on the Service through any technology or means other than those provided or authorized by the Service.
- We may, without notice, change the Service, stop providing the Service or features of the Service, or create usage limits for the Service.
4. Proprietary Rights
The Service, and all materials therein or transferred thereby, including, without limitation, NFTs, software, images, graphics, text, illustrations, logos, patents, animations, trademarks, copyrights, audio, photographs, videos, and music belonging to Fluffy Hamsters.
5. Payment, Refund, Taxes and Fees
Payment: Purchasing or minting an NFT is processed through a secure connection to your select Solana cryptocurrency wallet. The user’s responsibility is to ensure they are on the actual website before purchasing and not a scam/fake website. Fluffy Hamsters or Coinway is not responsible for any purchases done by users on a fraud website.
Refund Policy: As the Fluffy Hamsters smart contract runs on the Solana blockchain, there is no ability to cancel, undo, reverse, or restore any initiated transaction. Each NFT constitutes a unique digital product and is non-refundable. All sales are final.
Taxes and Fees: Digital assets are currently tax-free in a sale. Buyers are responsible for paying any Solana Blockchain minting and transaction fee (gas fee) during a purchase. These are non-refundable and are paid directly to the Solana network during a purchase.
The Fluffy Hamsters digital artwork NFTs use the unique creator royalty utility for the secondary market (trading.) Each NFT has the following 7% creator royalty split. 3% split between the three creators and artists, and 4% goes to the company wallet managing the project and community.
7. Copyright & Ownership
Fluffy Hamsters NFTs are protected by Creator-owned IP copyright. The company gives any buyer/holder/owner of our digital asset NFTs the following exclusive rights of use:
- Buyers can use the NFTs as a profile image or displayed on any digital media.
- Buyers can use the NFTs in games, P2E, metaverse, and more.
- Buyers have full rights to resale on secondary markets as long as the marketplace cryptographically verify each Fluffy Hamsters NFT owner’s rights to display the Art.
- Buyers can use the NFTs in any staking, or breeding setup.
- Buyers get an unlimited worldwide commercial usage license in print, advertising, packaging, web distribution, and merchandising.
- Buyers can create Non-commercial derivative animations, memes, artwork, and more of their underlying artwork.
The buyer/holder/owner of our digital asset NFTs are not allowed to:
- Create/change and sell any derivative (altered) digital asset version of the artwork/NFTs.
- Sign partnership agreements on behalf of the brand/company IP.
Coinway and Fluffy Hamsters can use any of its IP for, and not limited to, promotional purposes, print, advertising, merchandising, P2E, games, partnership deals, or, and not limited to, any commercial product adaptation.
Why this type of copyright?
We want to grow a good and strong brand through partnerships and other potential opportunities. This setup will increase the brand value and benefit the community and the DAO element of our company, as funds are used to grow and entertain even more. This structure also gives us better ways to work with legal rights to help protect any digital asset and its owners/holders with a successful brand.
Is this setup worse or better than other NFT projects?
Most NFT projects don’t even talk about copyright. As such, the digital asset defaults into a fully creator-owned IP copyright, where you can only use it for personal display and are not allowed to trade/resell it. Meaning if you do, you are breaking copyright law.
Some projects, like CryptoPunks, have the same setup as we do, except they only allow you to display and trade your digital asset. Nothing more.
The project BYAC uses the Collector-owned IP copyright. This license grants you all the same rights as ours, with the one exception: BYAC can’t make any partnerships, IP protection, merchandising, and more, with digital assets not owned by their company.
A project like Cryptotoadz uses what is called CC0 or Creative Commons copyright. The images are free for anyone to use, change, sell, and more. This license makes it pretty much impossible to call it a unique holding and protect it against any potential “bad actors,” – but it can potentially cause a brand to go viral quicker.
Ultimately that is up to you to decide.
Our version gives you all the benefits of ownership and enhanced commercial rights of the digital asset, much like Shutterstock, with the added element of us being able to use all IP to grow and strengthen the brand for our community to grow strong.