AutoMinter

1 Use of the service

Our Service in a Snapshot. AutoMinter operates an online service that empowers our users, members, artists, designers, creators and others to build NFT and crypto projects for the future. We provide tools both free, and at cost to our users.

Eligibility. You may use the Service only if you can form a binding contract with AutoMinter, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.

In this agreement, a child is considered a person under the age of 13 years old (or the minimum legal age in the child's country to be able to consent themselves to the processing of their personal data if this age is higher than 13 years old). Children are not permitted to use or access the Service, unless their use of the Service is directly authorized by their parent or guardian or another authorized adult (e.g., a teacher) who agrees to be bound by this Agreement. Any use or access to the Service by a child who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement.

The Service may not be available to any Users previously removed from the Service by AutoMinter. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

License to use the AutoMinter Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. AutoMinter reserves all rights not expressly granted herein in the Service and the AutoMinter Content (as defined below). AutoMinter may terminate this license at any time for any reason or no reason.

Additional terms may apply for any content that you download from, upload to or print from the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads, downloads or prints.

2 AutoMinter Accounts

Your AutoMinter account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.

If you open a AutoMinter account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf

You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account private key secure.

You may control your User profile and how you interact with the Service by changing the settings in your account. By providing AutoMinter your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers

3 Serivce Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the AutoMinter servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, including engaging in phishing activity or including misleading links or information to entice viewers to click through to an illegal or fraudulent website; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any AutoMinter Content (as defined below), including any AutoMinter trademarks, in any manner that might tarnish, disparage, or reflect adversely on such AutoMinter Content; (xiv) using the Service or any AutoMinter Content (as defined) to support, incite or promote illegal behaviour, discrimination, hostility or violence; (xv) using any AutoMinter trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with AutoMinter trademarks; (xvii) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of AutoMinter; (xviii) using any AutoMinter Content to link to the AutoMinter website without the prior written consent of AutoMinter; (xviv) framing or hotlinking to the Service or any content other than your own without the prior written consent of AutoMinter; or (xvv) uploading any content that is illegal, sexual or pornographic, features child exploitation material or links to such material.

If your User Content breaches our Terms of Use, we may, without prior notice to you, delete such User Content and any other User Content you have uploaded.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from AutoMinter prior to establishing another account. If you attempt to establish another account without obtaining such authorization, AutoMinter may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of AutoMinter in each instance. If such consent is granted, you may not submit identical Stock Media (as defined below) to more than one account.

You are solely responsible for your interactions with other AutoMinter Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. AutoMinter shall have no liability for your interactions with other Users, or for any User's action or inaction.

4 Prohibited Content

You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that you know is not correct and current. You agree that any User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. AutoMinter reserves the right, but is not obligated, to reject and/or remove any User Content that AutoMinter believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on or via the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization. Further, you understand that if you contribute User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

Your User Content and AutoMinter's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights. AutoMinter may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder. If your User Content contains or incorporates in any manner any components including but not limited to design elements, fonts, clipart, sprites, vectors or brush tools and the like that are included in design programs, by uploading any such User Content to AutoMinter, you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the User Content created by you, and to license such User Content to AutoMinter for the purposes set forth herein. Your User Content is neither obscene, defamatory, or otherwise objectionable. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate. You will not transmit unsolicited emails or engage in spamming to publicize or promote your relationship with AutoMinter. If you use the Service to post, publish, share or print User Content, you agree that you have verified that the User Content does not contain anything that is illegal, encourages illegal activity, infringes (or is otherwise deceptively similar to) any third-party's Intellectual Property Rights (e.g. uploading full movie or television shows), or otherwise breaches these terms. You will not engage in pay per click advertising using keywords which compete with AutoMinter's own campaigns in order to promote your relationship with AutoMinter nor will you use or engage a third party on your behalf to use AutoMinter in any domain name. Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, AutoMinter shall send you written notice of such claim, using the email address provided by you to AutoMinter, specifying the details of the claim as then known to AutoMinter. Pending the determination of such claim, AutoMinter may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by AutoMinter.

AutoMinter takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, publishes or prints over or using the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content or Stock Media that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that AutoMinter shall not be liable for any damages you allege to incur as a result of User Content, Stock Media or your use of either in printed form. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that AutoMinter may disclose such User Content to law enforcement or other government authorities.

5 Community

Users may join the AutoMinter community Discord service. Community members can share and view information, questions and comments from other Users, as well as follow, message and recognise other Users and review and recognise their posts (“Community Content”). Community Content will become public globally (including places without the same data protection as where you live)

To participate in the Community, you must be over 16 and comply with the Community Guidelines, as amended from time to time.

Please carefully consider the information you include on the Community and understand that even after you close your account on the Community or AutoMinter, your posts and other information will remain in anonymised form. To request removal of your information from the Community, please contact us. If we are unable to remove any of your information, we will let you know why.

AutoMinter may comment on, move, correct, delete, edit or refuse to publish your Community Content to ensure it is accurate, not misleading and complete, to comply with these Terms of use and our Community Guidelines or maintain the quality of the Community in AutoMinter's sole discretion.

6 AutoMinter Sites

(i) AutoMinter allows all Users to create publicly available websites (“AutoMinter Sites”). All content on AutoMinter Sites including the subdomains is “User Content” that is subject to these Terms of Use.

(ii) You must not present a misleading endorsement or affiliation with AutoMinter on a AutoMinter Site, including (but not limited to), by attempting to register a domain name or subdomain name that includes the word ‘AutoMinter' or any other AutoMinter brand or trademark.

(iii) AutoMinter may include or require any terms to be included on a free AutoMinter Site at any time for any reason.

(iv) AutoMinter Free users may create unlimited AutoMinter Sites and have up to five (5) live AutoMinter Sites on the free my.AutoMinter.site URL. AutoMinter Free users may purchase an unlimited number of domains.

(v) AutoMinter Pro and AutoMinter for Enterprise subscription holders may create and publish unlimited AutoMinter Sites and purchase an unlimited number of domains. They may also bring your own (“BYO”) up to five (5) domains. Each Team is allotted one free sub-domain on my.AutoMinter.site URL.

(vi) AutoMinter for Education and AutoMinter for Non-for- Profit subscription holders may create unlimited AutoMinter Sites, purchase an unlimited number of domains and BYO up to one (1) domain. Each Team is allotted one free sub-domain on the my.AutoMinter.site URL.

(vii) All AutoMinter Sites on a free my.AutoMinter.site URL only (not purchased or BYO will: (i) include a tool to report AutoMinter Sites that do not comply with our terms of use or are otherwise illegal; (ii) include a badge that states “Designed with AutoMinter” that links to AutoMinter.com; and (iii) be subject to AutoMinter's policy on unacceptable domain names, in AutoMinter's sole discretion.

(viii) Our Joint Controller Addendum will govern any processing of personal data which is protected under the GDPR or similar law and which AutoMinter processes in connection with a AutoMinter Site created by a free User. If you are a free User then, by creating a AutoMinter Site, you confirm that you have read, understood and agree to our Joint Controller Addendum in full, and that the Joint Controller Addendum shall be incorporated into this Agreement. In event of any conflict between the body of this Agreement and the Joint Controller Addendum, the Joint Controller Addendum shall prevail. For the purposes of this clause, “GDPR” means: (i) the European Union General Data Protection Regulation 2016/679 (“EU GDPR”); and (ii) the EU GDPR as saved into UK law by virtue of s. 3 of the European Union (Withdrawal) Act 2018.

(ix) You must comply with all applicable laws when creating and operating your AutoMinter Site or linking to forms or websites from your AutoMinter Site (and/or processing any personal data in connection with your AutoMinter Site), including laws relating to data protection, impressum, and the sending of email, SMS and other forms of direct marketing.

(x) AutoMinter may delete your AutoMinter Site at any time without notice if it determines that you are in breach of this Agreement or the Acceptable Use Policy or that your AutoMinter Site otherwise presents a risk of harm in AutoMinter's reasonable opinion.

(xi) When you purchase, renew or transfer a domain name through AutoMinter, AutoMinter acts as a reseller for domain name registration services through our third-party Registrar, Tucows, Inc. (“Tucows”). You agree to and are subject to the Tucows Master Registration Agreement which is hereby incorporated (the “Tucows Terms”). A breach of the Tucows Terms is a breach of this Agreement.

(xii) Your use of our domain services is subject to the policies of Internet Corporation for Assigned Names and Numbers (https://icann.org) (“ICANN”). You agree to comply with ICANN's requirements, standards, policies, procedures and practices. Your rights and responsibilities as a domain name registrant under ICANN's 2009 Registrar Accreditation Agreement are summarized here. You can learn more about domain name registration in general here.

(xiii) You agree that by submitting an application or registering or renewing your domain name, you represent and warrant that: (i) all information provided to AutoMinter or Tucows is true, complete and correct and is not misleading in any way and the application is made in good faith; and (ii) you have not previously submitted an application for the domain name and been rejected.

(xiv) You must provide us with such co-operation and support as we may reasonably request to provide the AutoMinter Sites, including by (i) responding promptly to our communications; (ii) providing accurate and prompt responses to our requests for any information or documentation reasonably required, including to meet ICANN's verification requirements; (iii) agreeing to your information being shared with ICANN and Tucows; and (iv) obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations in respect of your proposed domain name.

(xv) Registration of a domain name does not create a proprietary right and shall not be construed as evidence of ownership. The registration can be subsequently challenged by third parties or cancelled if any of the above warranties are found to be untrue, incomplete, incorrect or misleading.

(xvi) You indemnify us from and against any and all liabilities incurred by us in connection with our use or reliance upon any images or trading names, or any data, information, specifications, documentation, computer software or other materials provided by you or compliance with any directions or instructions by you in relation to the provision of the AutoMinter Sites.

(xvii) You must conduct backups of any of your data (whether hosted on our computer systems or provided to us in connection with the performance of the Services) at such intervals as are reasonable having regard to the nature of the data.

(xviii) AutoMinter will not be liable for any loss that arises as a result of the AutoMinter Site not being available due to your AutoMinter Site being deleted or suspended for breach of this Agreement.

(xvix) You are responsible for renewing your domain name. AutoMinter will not be liable for a domain name being cancelled or not available (for instance because it has been purchased by a third party) that you have failed to renew in a timely fashion.

(xx) You are responsible for any claims arising because you order a domain name that matches or infringes a registered trade mark, whether or not you receive prior notice from AutoMinter or Tucows. You will indemnify and hold harmless AutoMinter and Tucows for any claim that the domain name infringes a registered trade mark.

(xxi) We don't guarantee we can hide websites from search engines on request and AutoMinter Sites are subject to moderation regardless of whether they are password protected.

7 Our Propriatory rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and Stock Media belonging to other Users (the “AutoMinter Content”), and all Intellectual Property Rights related thereto, are the exclusive property of AutoMinter and its licensors (including other Users who post User Content or contribute Stock Media (as defined below) to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any AutoMinter Content. Use of the AutoMinter Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

8 Billing and refunds

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. AutoMinter may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.

You may cancel your AutoMinter account at any time; however, there are no refunds for cancellation. In the event that AutoMinter suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

9 Privacy

We care about the privacy of our Users. Our Privacy Policy sets out how we collect, use, disclose and store your personal information and how it is transferred to and processed. It also contains details of how to exercise your privacy rights (such as access and correction) and how to make complaints.

10 Security

AutoMinter cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

11 Indemnity

You agree to defend, indemnify and hold harmless AutoMinter and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, your Stock Media, or any content that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password, or other appropriate security code.

12 No Warranty

The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, AutoMinter, its subsidiaries, and its licensors do not warrant that the content, including without limitation User Content and Stock Media, is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.

AutoMinter does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the AutoMinter service or any hyperlinked website or service, and AutoMinter will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

13 Limitation of Liability.

To the maximum extent permitted by applicable law, in no event shall AutoMinter, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of User Content or Stock Media. Under no circumstances will AutoMinter be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

To the maximum extent permitted by applicable law, AutoMinter assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; (vii) user content or the defamatory, offensive, or illegal conduct of any third party; and/or(viii) financial loss from purchasing a AutoMinter subscription from an unauthorised reseller; and/or (ix) loss or deletion of User Content.. In no event shall AutoMinter, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to AutoMinter hereunder or $100.00, whichever is greater.

No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose.

Notwithstanding anything to the contrary contained herein, AutoMinter shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Stock Media, or other content, any additions or combinations of User Content or Stock Media with other content, or the context in which the User Content, Stock Media, or other content is used by you.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AutoMinter has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

AutoMinter makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including but not limited to export and import regulations.

13 Entire Agreement/Severability.

This Agreement, together with any amendments and any additional agreements you may enter into with AutoMinter in connection with the Service, shall constitute the entire agreement between you and AutoMinter concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

14 No Waiver.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and AutoMinter's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Terms of Use