Mint x Courtyard App
Effective Date: 3/27/23 Last Updated: 3/27/23
These Application Terms are hereby incorporated into the Courtyard Terms. To the extent that there is any conflict between any term or condition set forth in these Application Terms and any term or condition set forth in the Courtyard Terms, the term or condition set forth in these Application Terms will prevail, but solely to the extent such conflict exists.
THESE APPLICATION TERMS AND THE COURTYARD TERMS GOVERN YOUR USE OF THE APPLICATION SERVICES. EVERY TIME YOU USE THE APPLICATION SERVICES, YOU AGREE TO THESE APPLICATION TERMS AND THE COURTYARD TERMS.
We may at our sole discretion modify these Application Terms on a going-forward basis. We will post above notice of the date of the most recent update.
- 1.Application Service.
- 1.The Application Service made available by Courtyard hereunder enables the creation of a 3D rendering of your collectible asset (“3D Rendering”).
- 1.Registering Your Account. In order to access certain features of the Application Service you may be required to register an account on the Application Service (“Account”).
- 2.Registration Data. In registering an account on the Application Service, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
- 3.Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Courtyard. Furthermore, you are responsible for all activities that occur under your Account. You shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Application Service by minors. You may not share your Account or password with anyone, and you agree to notify Courtyard immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Courtyard has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, Courtyard has the right to suspend or terminate your Account and refuse any and all current or future use of the Application Service (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not have more than one Account at any given time. Courtyard reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Application Service if you have been previously removed by Courtyard, or if you have been previously banned from any Service, including the Application Service.
- 4.Necessary Equipment and Software. You must provide all devices and other equipment necessary to access or use the Application Service. You are solely responsible for any fees, including internet connection or mobile fees, that you incur in connection with your use of the Application Service.
- 3.License to the Application and 3D Rendering.
- 1.Application License. Subject to your compliance with these Application Terms, Courtyard grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the Application on a single Device (as defined below) that you own or control and to run such copy of the Application solely for your own personal, non-commercial purposes. Courtyard may revoke this limited right at any time, for any reason or for no reason, with or without notice.
- 2.License to 3D Rendering. The term “Content,” as defined and used in the Courtyard Terms, includes the 3D Rendering. Courtyard grants you a limited, non-exclusive, non-transferable right to publicly display the 3D Rendering, solely as furnished by Courtyard, and solely using the sharing and/or display utilities for the 3D Rendering made available by Courtyard within the Application, solely for your personal, non-commercial purposes. Courtyard may revoke this limited right at any time, for any reason or for no reason, with or without notice.
- 3.Updates. You understand that the Application Service is evolving. As a result, Courtyard may require you to install updates to the Application that you have installed on the Device through which you access or use the Application Service (“Device”). You acknowledge and agree that Courtyard may update the Application Service with or without notifying you. You may need to update third-party software from time to time in order to continue to use the Application Service. Any future release, update or other addition to the Application Service shall be subject to these Application Terms. In addition, without limiting the foregoing and notwithstanding anything herein to the contrary, you acknowledge and agree that Courtyard, in its sole discretion, may elect to discontinue and cease to make available the Application Service, or any feature or function thereof, at any time, with or without notice to you, and you are not relying and have no right to rely on the continued availability of the Application or any feature or function thereof.
- 4.Third-party Service; Third-Party Terms
- 1.Sharing Your Content and Information Through Third-Party Services. Courtyard may provide tools through the Application Service that enable you to export information, including the 3D Rendering, to a Third-Party Service. By using one of these tools, you agree that Courtyard may transfer that information to the applicable Third-Party Service. Courtyard is not responsible for any Third-Party Service’s use or misuse of your exported information.
- 2.Third-Party Application Access. With respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you shall only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service, except that such App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
- 3.Accessing and Downloading the Application from the Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
- (a) You acknowledge and agree that (i) the Agreement is concluded between you and Courtyard only, and not Apple, and (ii) Courtyard, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
- (b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- (c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Courtyard and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Courtyard.
- (d) You and Courtyard acknowledge that, as between Courtyard and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- (e) You and Courtyard acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Courtyard and Apple, Courtyard, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
- (f) You and Courtyard acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
- 5.Additional Disclaimer of Warranties. IN ADDITION TO THE DISCLAIMERS SET FORTH IN SECTION 20 OF THE COURTYARD TERMS:
COURTYARD DOES NOT GUARANTEE AND DOES NOT PROMISE ANY ACCURATE RENDERING OF YOUR ASSET, OR ANY ASSESSMENT OF YOUR ASSET CONDITION OR VALUATION, OR OTHER SPECIFIC RESULTS FROM USE OF THE APPLICATION SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COURTYARD OR THROUGH THE APPLICATION WILL CREATE ANY WARRANTY OR GUARANTEE.