Terms & conditions of purchase

Last Updated: November 19, 2022

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU WITH RESPECT TO YOUR PURCHASE, SALE, AND DISPLAY OF THE NON-FUNGIBLE TOKENS (“NFTs”) OFFERED THROUGH THIS WEBSITE, https://dualpower.io/ (the “Website”). THE NFTS OFFERED ON THIS WEBSITE ARE COLLECTIBLES FOR ART COLLECTORS THAT WANT THE OPPORTUNITY TO OWN A DIGITAL COPY, AND IF PERMITTED, PRINT A HIGH QUALITY IMAGE, FOR HOME USE ONLY TO DISPLAY UNIQUE ARTWORK FROM ACCLAIMED ARTISTS. THE NFTS ARE NOT OFFERED WITH THE INTENTION OF ANY REASONABLE EXPECTATIONS OF PROFITS FROM FUTURE SALES OR OF ANY INCREASE IN VALUE. THE NFTS OFFERED ON THE WEBSITE ARE INTENDED FOR YOUR PERSONAL ENJOYMENT ONLY. The following summary is intended to provide you with an overview of important legal provisions contained in this document that are described in more detail in the sections below.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action. You have the ability to opt-out of this arbitration clause by sending us notice of your intent to do so within thirty (30) days of your initial agreement to these Terms.

BY USING THE WEBSITE TO PURCHASE NFTS, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT PURCHASE NTFS, OR OTHERWISE MAKE USE OF THE SERVICES AVAILABLE ON THIS WEBSITE, IF YOU: (a) DO NOT AGREE TO THESE TERMS, OUR WEBSITE TERMS OF USE, AND PRIVACY POLICY; (b) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH LNMH LLC (“Company,” “we,” or “us”); OR, (c) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, NFTS, OR OTHER GOODS OR SERVICES BY APPLICABLE LAW.

These Terms and Conditions of Purchase (“Terms”) apply to your purchase, sale, and display of non-fungible tokens (“NFTs”) through the Website and use of any other services made available through the Website. Some purchases of NFTs may include special experience opportunities. Please view the terms regarding such experiences in Section 4 (“Experiences”) below. These Terms are an integral part of the Website and, together with our Website Terms of Use, Privacy Policy, and any other document referenced herein, govern your access to and use of this Website and your purchases of NFTs and other goods on or through the Website. We reserve the right to change or modify these Terms at any time and in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Website. You should review these Terms prior to purchasing any product or services that are available through this Website. Your continued use of this Website after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

When each NFT is sold or minted by you for the first time, the agreement for sale is between the Company and the initial purchaser, however, the payment transactions occur through third party service providers, such as MetaMask, and are subject to their terms and conditions and privacy policy, which we encourage you to review. All NFTs are stored on and accessible through the Ethereum blockchain. As such, the Company does not maintain the NFTs on this Website and, aside from transferring control of the NFT hash receipt of sale to the initial purchaser of the NFT, the Company has no control over the transfer, storage, ownership, or maintenance of the NFT. When you connect your cryptocurrency wallet to the Website using your trusted service provider, such as Paper.xyz or MetaMask, you accept and agree to be bound and abide by these Terms and all of the terms incorporated herein by reference. 

ALL TRANSACTIONS INITIATED THROUGH OUR SERVICE ARE FACILITATED AND RUN BY THIRD-PARTY ELECTRONIC WALLET EXTENSIONS, AND BY USING OUR SERVICES YOU AGREE THAT YOU ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY FOR THE APPLICABLE EXTENSIONS. FOR METAMASK, THOSE TERMS ARE AVAILABLE AT (https://metamask.io/terms.html) AND (https://metamask.io/privacy.html)

1. Linking Your Cryptocurrency Wallet

When you link your cryptocurrency wallet, you understand and agree that you are solely responsible for maintaining the security of your wallet and your control over any wallet-related authentication credentials, private or public cryptocurrency keys, and any and all non-fungible tokens or cryptocurrencies that are stored in or are accessible through your wallet. Any unauthorized access to your cryptocurrency wallet by third parties could result in the loss or theft of NFTs and/or funds held in your wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). We are not responsible for managing and maintaining the security of your cryptocurrency wallet nor for any unauthorized access to or use of your cryptocurrency wallet. 

2. Terms of Sale

By placing an order on the Website, you agree that you are submitting a binding offer to purchase an NFT or other service. If you are the initial purchaser of an NFT or you are purchasing a service, then all amounts due are to be paid to LNMH LLC. You also acknowledge and agree that Company receives ten percent (10.00%) of every subsequent sale of an NFT (“Royalty”). For example, if you are the initial purchaser, and you sell an NFT for the cryptocurrency equivalent of US $100.00 to a subsequent purchaser, the cryptocurrency equivalent of US $10.00 of that purchase price will automatically be transferred to Company and you will receive the cryptocurrency equivalent of US $90.00. Company has the right to collect Royalties for NFT sales in perpetuity and may use those funds in any manner Company sees fit. As such, if you sell an NFT on a third-party NFT marketplace, you agree to include a statement substantially similar to the following in the description of the NFT:

“10% Royalty applies for this and all future sales of this NFT. See the LNMH Terms, available at https://dualpower.io/terms-of-use/ for details. You agree to sell your NFTs only on market places such as opensea.io who collect and remit royalties.”

In addition, when you buy an NFT on this Website, you agree to pay all applicable fees associated with the transaction and you authorize us to automatically charge and collect such fees from your payment, which will be processed by third party service providers such as MetaMask and are subject to their terms and conditions. We have no control on the gas fees or transaction fees that you pay directly to miners or the blockchain and we will have no liability for and you agree to hold us harmless for your own transaction costs or mistakes or actions. 

No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.

3. Intellectual Property

Other than our intellectual property rights as described in our Website Terms of Service, all other trademarks, product names, and logos on the Website are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Without limiting the foregoing, if you believe that third-party material hosted on the Website infringes your copyright or trademark rights, please file a notice of infringement by contacting us at admin@lnmh.io or, with respect to your copyright rights, by using the process and information described under the “Copyright Infringement” section of our Website Terms of Use.

In addition to any rights granted under our Website Terms of Use, we hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website content. In return, you agree: (a) not to engage, or assist, in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity; and, (b) not to engage in any other activity or behavior that poses a threat to LNMH LLC, (e.g., by distributing a virus or other harmful code, or through unauthorized access to the Website or other users’ cryptocurrency wallets and not to interfere with other users’ access to or use of the Website or services.

With respect to the NFTs, each purchaser of an NFT is granted an exclusive, limited license to such NFT and its content to access, use, or store such NFT and its content solely for their personal, non-commercial purposes. NFTs are a limited-edition digital creation based upon content that may be trademarked and/or copyrighted by, and which are otherwise owned or used under license by, the Company. For the sake of clarity, the NFTs sold by the Company have not been and will not be minted by the Artist. The Company owns, or uses under license, the copyright to the artwork from which the NFTs will be minted and the Artist is not involved with the Company. Unless otherwise specified, your purchase of an NFT does not give you the right to publicly display, perform, distribute, or otherwise reproduce the NFT or its content for any commercial purpose. You further agree that you are not receiving any copyright interest in the NFT or its content, which is retained by the Company or its licensor, and you agree that Company may sell, license, modify, display, broadcast, and create derivative works based upon the original artwork, your NFT, or its content. Company reserves all right to commercially exploit in any manner its intellectual property rights in any to the underlying artwork from which an NFT may be created, including with respect to the issuance of additional series of NFTs based on the same artwork and content added thereto. Any commercial exploitation of the NFT could subject you to claims of copyright infringement. If you purchase an NFT on the Website, you hereby agree to hold us harmless from and against any and all violations or breaches of these Terms.

If you are unsure whether a contemplated use of the Website content or a NFT and its content would violate these Terms, please contact us at admin@lnmh.io.

4. Experiences

The following applies to all in-person and virtual experiences and events organized by the Company (the “Experiences”) available to those purchasers of certain NFTs. By redeeming or participating in an Experience, you acknowledge your understanding of and agree to these terms. Your attendance at any future Experience is conditioned upon your agreement and adherence to these Terms, any future terms and conditions applicable to the Experiences, and any instructions given to you by the Company with respect to any Experience. All terms and conditions relating to the Experiences are applicable to the NFT itself regardless of the owner of the token at the time of redemption. All Experiences associated by the NFT may only be redeemed once, are non-transferrable, and can only be redeemed by the owner of the NFT as of the date of the Experience. All Experiences must be redeemed after the respective Experience is made available by the Company and prior to the redemption date providing in the listing. 

5. Taxes

We are not responsible for determining the withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto (“Taxes”), that may apply to transactions on this Website. You agree that you are solely responsible for determining what, if any, Taxes apply to your transactions and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities. Unless otherwise indicated on an applicable invoice, amounts due on this Website are exclusive of sale, use, value added or similar Taxes (“Sales Taxes”). This means that Sales Taxes become your sole responsibility. Upon our request, you agree to promptly provide a properly executed Internal Revenue Service Form W-9 or applicable Internal Revenue Service W-8 and any other tax form that is reasonably required by us so to comply with our tax reporting obligations.

6. Privacy

You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy, which is incorporated into these Terms.

7. Modifications

You agree and understand that we may modify part or all of this Website or the services without notice, and that we may update these Terms and any other document incorporated by reference therein at any time.

8. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE COMPANY, THE WEBSITE AND ANY WEBSITE CONTENT CONTAINED THEREIN, AND ANY AND ALL NFTS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE WEBSITE WILL (a) MEET YOUR REQUIREMENTS; (b) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR, (c) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (v) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (w) SERVER FAILURE OR DATA LOSS; (x) CORRUPTED WALLET FILES; (y) UNAUTHORIZED ACCESS TO APPLICATIONS; OR, (z) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING, OR OTHER MEANS OF ATTACK AGAINST THE WEBSITE OR NFTS.

NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT THE COMPANY OR ANY COMPANY PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFT.

We are not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the NFTs. LNMH LLC and its affiliates and its and their respective owners, officers, directors, and employees are not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting NFTs including forks, technical node issues, or any other issues having fund losses as a result.

Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

9. Assumption of Risk

COLLECTIBLES FOR ART COLLECTORS THAT WANT THE OPPORTUNITY TO OWN A DIGITAL COPY, AND IF PERMITTED, PRINT A HIGH QUALITY IMAGE, FOR HOME USE ONLY TO DISPLAY UNIQUE ARTWORK FROM ACCLAIMED ARTISTS. THE NFTS ARE NOT OFFERED WITH THE INTENTION OF ANY REASONABLE EXPECTATIONS OF PROFITS FROM FUTURE SALES OR OF ANY INCREASE IN VALUE. THE NFTS OFFERED ON THE WEBSITE ARE INTENDED FOR YOUR PERSONAL ENJOYMENT ONLY.

Please note that accessing, purchasing, or using NFTs entails a potentially significant degree of risk because the price and liquidity of blockchain assets. As such, by purchasing an NFT, you accept and acknowledge the following risks:

NFTs are not legal tender and are not backed by any government. Transactions in NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction. If you decide to participate in resale markets for NFTs, the resale value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, which may result in the potential for permanent and total loss of value of a particular NFT should the market for that NFT disappear. It is not our intention, nor should you have any reasonable expectation, that any NFT purchased with increase in value or generate any future profits for you. We offer NFTs for your private display and enjoyment of artwork from acclaimed artists, which will always be available to you (unless you lose access to your cryptocurrency wallet, which we cannot control and is your sole responsibility). We encourage you to purchase our NFTs because you appreciate the artwork and the artists, and not for any expectation of future profits or increase in value. Your ability to realize the utility of the NFTs, namely, your private display and enjoyment, is independent of any of the other NFTs sold through or in connection with this Website and any change in resale value, should you choose to participate in such activities, is purely incidental and the result of market forces beyond our control. 

You agree and understand that you are solely responsible for determining the nature, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding NFTs. You agree and understand that you access and use this Website at your own risk; however, this brief statement does not disclose all of the risks associated with NFTs and other digital assets. 

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY 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, THE WEBSITE, WEBSITE CONTENT, THE SERVICES OR THIRD PARTY WEBSITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE, WEBSITE CONTENT, THE SERVICES OR THIRD-PARTY WEBSITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL 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 THE COMPANY ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE WEBSITE, WEBSITE CONTENT, NFTS, OR ANY SERVICES PURCHASED ON THE WEBSITE EXCEED THE GREATER OF (a) US $100.00 OR (B) THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICES IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.

11. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless LNMH LLC, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to: (a) your use or misuse of the NFTs; (b) your violation of these Terms; (c) your violation of the rights of a third party, including another user; and, (d) your failure to pay any Taxes or Sales Taxes in connection with your transactions on this Website or to provide us with a properly executed tax form described in Section 5. You agree to promptly notify us of any third-party Claims and cooperate with the Company Parties in defending such Claims. You further agree that the Company Parties shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US.

12. Governing Law

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in New York City and County of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Disputes and Arbitration Agreement

LNMH LLC 

ATTN: Managing Member 

300 Delaware Avenue, #210 

Wilmington, DE 19801

14. Miscellaneous

If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms. These Terms, together with our Website Terms of Use and Privacy Policy, comprise the entire agreement between you and us relating to your access to and use of the Website and any NFTs you have purchased, and supersede any and all prior discussions agreements, and understandings of any kind. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. In the event of any inconsistency between these Terms and our Website Terms of Use, these Terms shall govern with respect to the conflicting subject matter.