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Terms and Conditions – RacehorseNFT.io

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the RacehorseNFT.io website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and the International Racehorse Owners Network Limited ("IRON", "we", "us" or "our"). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. If you are accepting these terms on behalf of a company or other legal entity, you represent that you have the legal authority to accept these terms on that entity's behalf, In which case "you" will mean that entity. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and IRON, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

WEBSITE

RacehorseNFT is a collection of digital artworks (NFTs) running on blockchain. This website is only an interface allowing participants to exchange digital collectibles. Users are entirely responsible for the safety and management of their own private wallets and validating all transactions and contracts generated by this website before approval. Furthermore, as the RacehorseNFT smart contract runs on a blockchain, there is no ability to undo, reverse, or restore any transactions.

This website and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving RacehorseNFT digital collectibles.

OWNERSHIP

  1. You Own the NFT. Each RacehorseNFT is an NFT on a blockchain. When you purchase an NFT, you own the underlying RacehorseNFT, the Art, completely. Ownership of the RacehorseNFT is mediated entirely by the Smart Contract and the blockchain: at no point may we seize, freeze, or otherwise modify the ownership of any RacehorseNFT.

  2. Personal Use. Subject to your continued compliance with these Terms, RacehorseNFT.io 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: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your RacehorseNFT, provided that the marketplace cryptographically verifies each RacehorseNFT owner’s rights to display the Art for their RacehorseNFT to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your RacehorseNFT, provided that the website/application cryptographically verifies each RacehorseNFT owner’s rights to display the Art for their RacehorseNFT 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 RacehorseNFT leaves the website/application.

  3. Commercial Use. Subject to your continued compliance with these Terms, IRON grants you an unlimited, worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art (“Commercial Use”). Examples of such Commercial Use would e.g. 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 Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of RacehorseNFT generally, provided that the marketplace cryptographically verifies each RacehorseNFT owner’s rights to display the Art for their RacehorseNFT to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of RacehorseNFT generally, provided that the third party website or application cryptographically verifies each RacehorseNFT owner’s rights to display the Art for their RacehorseNFT 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 RacehorseNFT leaves the website/application; or (iii) earning revenue from any of the foregoing.

THIRD PARTY SITES

The Website and Service may contain links to other independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to users of the Service. Such Linked Sites are not under IRON control, and IRON is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

TERMINATION

You agree that IRON, in its sole discretion, may suspend or terminate your member account (or any part thereof) or use of the Service for any reason, including, without limitation, for lack of use or if IRON believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. IRON may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.

CHANGES AND AMENDMENTS

We reserve the right to modify this Agreement, or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

ACCEPTANCE OF THESE TERMS

These Terms constitute the entire legal agreement between you and IRON, govern your access, whether oral or written. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms create any agency, partnership, or joint venture. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any or your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision.

We will not be liable for any failure or delayed performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labour conditions, power failures, Internet disturbances, or acts or omissions of third parties. You agree that we may provide you with notices (including, without limitation those regarding changes to these Terms) by email, regular mail, or postings on the website. By providing us with your email address, you consent to us using the email address to send you any notices required by law in lieu of communication by postal mail.

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

CONTACTING US

If you have any questions regarding this Agreement, we encourage you to contact us using the details below:

support@ironracing.org

This document was last updated on 21 September 2022