These terms of use (the “Terms”) apply to the websites at oms.xyz (the “Site”) and the NFT collection Open Minds (the "Collection), associated with this website.
2.1. Open Minds is a project by PONY DIGITAL LTD and we run the Site. We’re a company registered in England and Wales with company number 11936419 whose registered address is at 56 Leman Street, London, England, E1 8EU. In these terms we refer to ourselves as “we”, “us”, “our” or “ourselves”.
2.2. In case you need it, our VAT number could be requested on hi@pony.studio
2.3. You can contact us at hi@pony.studio.
For information about how we collect and use your personal information, please see our privacy notice which is available here.
For information about how we collect and use your personal information, please see our privacy notice which is available here.
4.1. By interacting with our website and/or purchasing the NFTs, through this website or any secondary market, you agree to be bound by these Terms.
4.2. These Terms set out the terms on which you may use the Site. These Terms are important and you should read them carefully before using the Site or purchasing an NFT. They explain how you may use the Site and what are your rights as an NFT holder.
4.3. We may transfer our rights and obligations under these Terms to another organisation/registered company at any time. We will notify you in writing if this happens and we will ensure that the transfer will not affect your rights.
4.4. You may not use this site, the NFTs, and the Artworks associated with the NFTs for any illegal or unauthorised purpose nor may you, in the use of the NFTs and the Artworks associated with the NFTs, violate any laws in your jurisdiction (including but not limited to copyright laws). We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4.5. Our site and collection are directed to people residing in jurisdictions where the purchase of NFTs is not prohibited. It's your responsibility to be informed if the country you're a resident of allows NFT trading and access to crypto assets.
4.6. By agreeing to these Terms, you confirm that you are at least 18 years old.
4.7. By using (and continuing to use) the Site, you agree to comply with these Terms. If you do not agree with these Terms then you must stop using the Site immediately and you should not purchase an NFT from this site or secondary markets.
5.1. The collection is split into "Seasons". Please note that each season might have different mechanics for purchasing an NFT(auction, free minting, whitelisting, etc)
5.2. Once deployed, we have no control over the Smart Contract, nor over the Gas Fees you would incur when submitting your request to Mint the NFT/s to the network or purchase it on secondary market. We can not guarantee or cover any Gas Fees associated with trading the NFT.
5.3. Payment for the right to Mint is made in ETH (being the cryptographic currency on the Ethereum Network). Therefore, please be aware that transactions in cryptographic currency may be irreversible and that, accordingly, and funds paid to an incorrect recipient may not be recoverable.
5.4. Purchasing the NFTs does not grant you ownership of the Intellectual Property over the Artwork or any part of the Collection.
5.5. You're allowed to use the artwork associated with your NFT for commercial purposes, only after acquiring written permission from us, by emailing hi@pony.studio.
5.6. You're allowed to create derivative designs of the artwork associated with your NFT, but you must mention Open Minds as the original creator. The new designs remain our Intellectual Property.
5.7. If you're using the artwork for any illegal purposes, according to the law of England and Wales, we reserve the right to take all legal measures to cease and revoke the artwork associated with your NFT.
5.8. Your benefits and rights as an NFT holder are listed here. We endeavour to keep this list growing.
5.9. You shall not transfer the NFT in a manner that is intended to interfere with the desired functioning of the Smart Contract governing the NFTs, including any use intended to circumvent the application of Royalties.
5.10. The maximum number of NFTs released under this Collection is 7,777.
5.11. There's no set date for releasing subsequent seasons. You'll be notified by our team when the next season will be released.
5.12. All NFT holders of Season 1, The Entrepreneur are entitled to be included in the whitelist for Season 2. You must be a holder of an NFT from Season 1 at the time of creating this whitelist.
5.13. You are solely responsible for any transaction requested through your Wallet. Due to the nature of the Ethereum Network, we're unable to reverse, cancel, undo or otherwise alter any transaction and/or transfer.
5.14. You are entirely responsible for any tax liability which may arise out of or in connection with the purchase of the Artworks associated with your NFTs.
5.15. We remain the Intellectual Property owners of all the artwork associated with this Collection, including clones and derivatives done by our community. The royalties collected from secondary sales is 7% which is split 67% for operating costs and 33% for donations.
6.1. We may change these Terms at any time. Any major changes will be notified on our social channels. You should therefore check these Terms each time you visit our Site for any changes. These Terms were last updated on 18 Oct 2022.
6.2. If you do not agree with the new/amended Terms then you must stop using the Site or sell your NFT. If you continue using the Site or being an NFT holder, you agree to comply with the new/amended Terms.
7.1. You may only use our Site for lawful reasons.
7.2. Whilst we try to make this Site available at all times, we make no promises that it will be available at all times and we will not be liable if the Site is unavailable for any period of time, for whatever reason.
7.3. Access to the Site may be restricted or the Site may be unavailable to allow us to repair, maintain or improve the Site. We do not guarantee that access to the Site will be uninterrupted.
7.4. Some areas of our Site may be restricted to those people to who we have provided special access (NFT holders).
7.5. You are responsible for ensuring that you have the necessary and compatible equipment and/or devices for accessing our Site.
From time to time we may update or change content on our Site.
9.1. The content on our Site is posted for general information purposes on an ‘as is’ basis and is not intended to amount to advice on which you should rely.
9.2. You should always obtain your own professional advice before taking any action or refraining from doing something based on the content of our Site.
9.3. We use reasonable endeavours to provide content which is up to date, but we do not warrant, represent, promise or guarantee that the content on our Site is up to date or accurate.
10.1. If you have login details to access any part of the Site, you must treat those details as confidential and you must not share them with or disclose them to any other person or any other third party.
10.2. You will be responsible for all activity and orders placed under your login details. If you believe that someone else knows your password or wallet details then you should contact us immediately using the details set out in section 2 above.
10.3. If we believe that you have not complied with these Terms or any other terms applicable to you, then we reserve the right to disable or suspend your access to this website.
The Site may contain links to third-party websites. We are not responsible for the content on any linked website and we accept no responsibility for any loss or damage suffered due to your use of them. We provide these links as we believe it may assist you and other visitors to our Site but by providing the link we do not in any way approve the linked website or anything contained therein.
12.1. If you submit any content to our Site you agree that:
a) you own the intellectual property rights in the content you submit and no content which you submit will infringe the intellectual property rights of anybody else;
b) you are personally responsible for the content which you submit;
c) you will not submit anything which is false, misleading or inaccurate;
d) you will not submit anything which is defamatory, threatening or which is otherwise considered offensive or which is against the law; and
e) you will not submit anything which contains viruses or similar programs or files which damage equipment, devices or software.
12.2. We reserve the right to remove any submissions made to our Site.
12.3. If you fail to comply with this section 12 of these Terms, we reserve the right to suspend or withdraw indefinitely your access to or use of our Site. We may also take legal action against you and we may disclose your details to law enforcement agencies where we believe this is necessary or if we are required to disclose them by law. We may take any other action as we consider is necessary.
13.1. We do not guarantee that our Site will be free from viruses, bugs or other harmful code or programs. It is your responsibility to ensure that the equipment and devices you use to access our Site are installed with up-to-date and sufficient anti-virus software.
13.2. You must not intentionally introduce viruses, bugs or other harmful code or programs to our Site.
13.3. You must not attempt to hack or attack or attempt to gain unauthorised access to our Site, any part of it or any software or equipment connected to it. We may take legal action against you and we may disclose your details to law enforcement agencies where we believe this is necessary or if we are required to disclose them by law. We may take any other action as we consider is necessary.
14.1. To the fullest extent permitted by law we exclude all liability for loss or damage arising out of or in connection with your use of our Site and/or Collection (including any inability to use our Site). This exclusion covers, but is not limited to, liability for:
- any direct loss;
- any loss of profit;
- any loss of revenue, anticipated savings or goodwill; or
- any indirect or consequential loss.
14.2. To the fullest extent permitted by law, we exclude all representations and warranties relating to our Site and the content on it.
14.3. As explained in section 8, we will not be liable for any loss or damage arising out of or in connection with your use of or reliance on any content on our Site.
14.4. If you are a consumer, then none of these exclusions or limitations or other terms in these Terms affect your rights under consumer law.
14.5. NFTs are only intended and offered as collectibles, NFTs do not represent an investment, nor grant any right to perceive financial benefits or governance over the project or the Company. Note that the NFT market is highly volatile, and that your NFT may lose all value.
15.1. We own (or we are an authorised licensee of) all intellectual property rights on this Site, the material and content published on it and the NFT artwork related to the Collection Open Minds. These are protected by worldwide intellectual property laws and we reserve all such rights.
15.2. Any royalties that may come from the work later will belong to us, regardless of who owns the NFT of the original work.
15.3. Unless you have a formal copyright license from us, you agree that we own the Intelectual Property Rights over the artwork associated with your NFT.
If any part of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant part shall be deemed deleted. Any modification to or deletion of such part under this clause shall not affect the validity and enforceability of the rest of these Terms.
If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. You hereby irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms, their subject matter or formation.
Open Sea