Terms and Conditions (“T&C” , "Terms") issued by Viking Labs LLC (incl. Radical Penguins™)
Viking Labs LLC (a Limited Liability Company, incorporated in US, Wyoming ) are the creators of the Radical Penguins™ collectibles and any reference herein to "Radical Penguins", the "Radical Penguins team", “the team”, "us", "we", "our", the "Project", etc. (with or without the ™ logo) will imply Viking Labs LLC.
By choosing to make use of the Site and / or purchasing a Radical Penguin™ either directly, via a secondary transfer, via NFT upgrading, NFT minting, on another marketplace or via a decentralised exchange (”DEX”) you agree to accept the following terms of this agreement between you and us.
Please read these terms carefully before using the Site.
For clarity, if you do not agree to be bound by these Terms, do not use the Site. You are deemed to have read and accepted these Terms exhaustively and unconditionally. In case of your disagreement, in whole or in part, with these Terms, you must immediately cease any and all use of the Site. Also, we consider that by reserving a Radical Penguin collectible you are explicitly accepting these Terms (with the proof of acceptance recorded in your order, which is publicly visible on the Radix blockchain).
Radical Penguins™ is a collection of digital illustrations in the form of collectibles running on the Radix DLT Network in the form of Non Fungible Tokens (or NFTs). Those types of NFTs are referred to as "plain vanilla" NFTs, since they do not perform any other function except for being a collectible. They are essentially a collectible in substance, which just happen to have the form of a NFT.
The Site is only an interface allowing participants to reserve digital collectibles. Users are entirely responsible for the safety and management of their own private Radix DLT Network wallets and validating all transactions and contracts generated by this website before approval or engaging with us. Furthermore, as the Radical Penguins™ smart contract will run on the Radix DLT Network, there is no ability to undo, reverse, or restore any transactions. Users are entirely responsible for the safety and management of their own private Radix wallets and validating all transactions and contracts generated by this website / Site before approval.
The Radical Penguins™ name and Logo are Trademarked, and the imagery is Copyrighted.
This Site and its connected services (including Radical Penguins™) are provided “as is” and “as available” without warranty of any kind. By using this Site you are accepting sole responsibility for any and all transactions involving Radical Penguins™ digital collectibles.
We remind you that:
1) NFTs are not endorsed by any financial institution, nor government, nor are they regulated
2) The NFT market is brand new, with no clear and stable expectations
3) NFT ownership / trading is highly risky and is not suitable for most people
4) Due to the formulation or modification of national laws, regulations and regulatory documents, digital asset transactions / ownership(including NFTs, Crypto, Radix, etc.) may be suspended or prohibited at anytime
5) Blockchain technology and Non-Fungible Tokens("NFT") represent a novel technology that is fast evolving, with existing laws and application of existing laws unclear, impractical and with little to no guidance available
6) If you elect to purchase a Radical Penguins™ through the Site or a Radix Marketplace, any financial transactions that you engage in will be conducted solely through the Radix network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the Radix network (directly or indirectly via a NFT Marketplace).
7) Radix requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Radix network. The Gas Fee funds the network of computers that run the decentralized Radix network. This means that you will need to pay a Gas Fee for each transaction.
1. What are Radical Penguins™
Radical Penguins™ refers to the original collection of 10,000 penguin themed / styled illustrations that will be minted as NFTs on the Radix Blockchain. The Radical Penguins™ can be used as avatars, profile pictures, etc. and will have a series of collectible / illustrations traits. Traits are distinguishing characteristics and proprietary individually illustration files associated with each Radical Penguin collectibles. These traits include, but not limited to, Eyes, Eyewear, Mouth, Headwear, Body, Background, Equipment, Furs, Belts, Tattoo, Hats, Wearables for each Radical Penguin collectibles. Those types of NFTs are referred to as "plain vanilla" NFTs, since they do not perform any other function except for being a collectible.
Despite being in a collection, each Radical Penguins™ illustration is unique and therefore "non-fungible".
2. Radical Penguins™ are NOT an investment asset
Radical Penguins™ are collectible digital illustration pieces that also function as fun and for people to enjoy collecting. They are created as such and intended for people to enjoy collecting (e.g., use as a profile picture, avatar, on their T-shirt, as a sticker, etc.). They are NOT a financial instrument, investment asset or anything equivalent / similar (no matter how it might be referred to in other jurisdictions). Radical Penguins™ makes absolutely no representations nor claim anything that can be perceived as "value" or "investment" related. You explicitly acknowledge that you make no expectations of "yield", "profit", "investment" by reserving a Radical Penguin NFT. Again, this is a collectible, that should only be reserved if you love its illustration and only for fun.
3. Ownership and rights
3.1 What you own: General
You own the collectible in the form of a NFT. Each Radical Penguin is an NFT on the Radix DLT Network blockchain. When you purchase an NFT, you own the underlying Radical Penguin collectible . Ownership of the NFT will be mediated by the future Smart Contracts, a Radix NFT Marketplace and the Radix DLT Network: at no point may we seize, freeze, or otherwise modify the ownership of any Radical Penguin NFT (once it has been transmitted).
3.2 What you own: Personal use
Subject to your continued compliance with these Terms, Viking Labs LLC grants you a worldwide, royalty-free license to use, copy, and display the purchased NFT, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use and (ii) as part of a Marketplace that permits the purchase and sale of your Radical Penguin NFT (provided that the Marketplace is also compliant with our Terms).
3.3 What you own: Commercial use
Subject to your continued compliance with these Terms, Viking Labs LLC grants you a partial, worldwide license to use, copy, and display the purchased collectible for the purpose of creating derivative works based upon the NFT (“Commercial Use”) you own. Examples of such Commercial Use would e.g. be the use of the collectible to produce and sell merchandise products (T-Shirts etc.) displaying copies of the NFT. For the avoidance of doubt, nothing in this Section will be deemed to restrict you from (i) owning or operating a Marketplace that permits the use and sale of Radical Penguins™ generally (provided that the Marketplace is also compliant with our Terms); or (ii)earning revenue from any of the foregoing.
Why partial and not total? If the owner of the Radical Penguins collectible derives more than $250,00 per year, from commercial use of the Radical Penguins collectible imagery, then a royalty will be due to us. More information to be made available in due course, but if in doubt contact us.
3.4 What you own: General
You own the collectible. Each Radical Penguin is an collectibles in form of an NFT on the Radix DLT Network blockchain. When you purchase an NFT, you own the underlying Radical Penguin illustration completely. Ownership of the NFT will be mediated by the future Smart Contracts, a Radix NFT Marketplace and the Radix DLT Network: at no point may we seize, freeze, or otherwise modify the ownership of any Radical Penguin NFT (once it has been transmitted).
3.5 What you own: limitation of use
The only personal and / or commercial limitation of use of a Radical Penguins™ collectible is it they are used in a defamatory, derogatory or highly immoral way, or in way in which it causes / can cause direct negative consequences to the project (image or otherwise). In such cases we reserve the right to seek a remedy, to request a cease and desist, or other ways to effectively prevent the Radical Penguins™ NFTs of being used in such ways. This is addition to the Commercial use limit specified herein.
3.6 What we own
The intellectual property that involves Radical Penguins™ and its brand, illustration, logo, website imagery etc. is owned by Viking Labs LLC. All rights that are not specifically granted to the users and owners of Radical Penguins™ below are reserved by the Radical Penguins™ team / Viking Labs LLC. This includes but is not limited to the intellectual property rights surrounding the Radical Penguins™ name, brand, logo, illustration layer files, design, look and feel of the Penguins, the website, the smart contract code, or anything else not specifically granted by any following licenses. Viking Labs LLC may use selected NFTs for the Radical Penguins™ project's promotional purposes even if they have been reserved.
Viking Labs LLC other than the rights to the collectible, nothing herein gives you any rights to any other Trademarks or other intellectual property rights belonging to Viking Labs LLC including, without limitation, to Viking Labs LLC and Radical Penguins™, and the associated logos and illustrations. All of these rights are expressly retained by Viking Labs LLC.
4. General Provisions
1. You comply with all laws, regulatory requirements, guidance, rules and so on, as they are applicable to you and give all of the undertakings and warranties in these T&C on behalf of yourself and any person on whose behalf you are acting
2. You have undertaken all inquiries and conducted all due diligence and taken such legal accounting and tax advice as you consider appropriate and acknowledge that the acquisition, possession or use of certain tokens may be prohibited or restricted by applicable laws, regulations, or rules in your local jurisdiction
3. To the extent you are subject to any restrictions which apply to the purchase, receipt, possession, exchange transmission, of any NFT tokens in any jurisdiction, you will observe and comply, and continue to observe and comply, with all such laws, regulations and restrictions at your own expense and fully and effectively indemnify and hold Viking Labs LLC safe, its officers, members, shareholders, employees and agents, in relation to any losses demands or claim(s) resulting from your failure to do so
4. All fiat / tokens consideration and value provided by you for any NFT tokens are not related to any unlawful activities, including but not limited to money laundering, terrorist financing, tax evasion, or other unlawful activity
5. You will not procure promote or encourage through, or use the NFT tokens to finance, engage in, or otherwise support unlawful activities in any territory, and that all payments in fiat or tokens will be made by you only, in your name, lawfully authorised by you, from a digital wallet or bank account in accordance and compliance with all applicable local laws, regulations, rules and restrictions as may apply to such payments or transfers from time to time
6. You are familiar with NFTs and how they work and that you fully understand these T&Cs and precisely what you are acquiring
7. You are confident that you know enough about NFTs, smart contracts and the blockchain to be able to make an informed decision about whether to bid for, buy or reserve an NFT
8. You recognise the novel and evolving technology law and regulation relating to NFT Tokens (including Radical Penguins™ NFTs). This is especially true on the Radix blockchain, which is under development. You are familiar with Radix's limitations, developments, risks (including risks of failure) and accept them
9. You do not obtain any the right to distribute or otherwise commercialise the NFT (unless subject to Radical Penguins™ T&C, a future Radix Marketplace T&C, and the applicable Royalties charge)
10. Not seek to hide your intentions or circumvent any rules that the Radical Penguins™ team has set
11. Only reserve NFTs for its illustration, and not for speculative / investment purposes
12. You will comply with all laws, regulatory requirements, and rules as are applicable to the acquisition exchange ownership, possession, use, sale, purchase or transmission of the particular NFT you are proposing to acquire and, if you sell it onword, ensure that your buyer is also made aware and accepts these T&C
13. You acknowledge that even if you have purchased one or more Radical Penguin NFTs, the Radical Penguin project / Viking Labs LLC might still use those images for promotional / commercial purposes or for enabling future utility
14. You are not a citizen or company that cannot participate in the NFT / crypto markets or to which NFT / crypto offerings cannot be made without local regulatory approval. To our knowledge US citizens are not allowed to participate in certain markets and certain offerings cannot be made to US citizens (as per applicable US legislation). Therefore Radical Penguins™ are not available for US citizens. This also apply to other citizens that are not legally permitted to hold NFTs (such as mainland Chinese citizens, etc.). It is your responsibility to ensure you are in compliance with your laws and do not abuse the terms of this website
15. We are not addressing underage individuals. You agree that you are over the age of 18, or above the legal age of your jurisdiction (whichever is greater)
16. If you are aware of any suspicious activities that make use or plan to use the Radical Penguins™ project in unlawful / deceitful way you will report them promptly to us
17. You are not a Politically Exposed Person or "PEP" (or whatever other name this designation has in another jurisdiction)
5. General Prohibitions and Viking Labs LLC Enforcement Rights
You agree not to do any of the following:
1. Use, display, mirror or frame the Site or any individual element within the Site, Site’s name, any Viking Labs LLC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Viking Labs LLC's express written consent
2. Access, tamper with, or use non-public areas of the Site, Viking Labs LLC’ computer systems, or the technical delivery systems of Viking Labs LLC’ providers
3. Attempt to probe, scan or test the vulnerability of any Viking Labs LLC’ system or network or breach any security or authentication measures
4. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Viking Labs LLC or any of Viking Labs LLC’ providers or any other third party (including another user) to protect the Site;
5. Attempt to access or search the Site or download content from the Site using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Viking Labs LLC or other generally available third-party web browsers;
6. Use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
7. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
8. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
9. Impersonate or misrepresent your affiliation with any person or entity;
10. Violate any applicable law or regulation; or
11. Encourage or enable any other individual to do any of the foregoing.
Viking Labs LLC is not obligated to monitor access to or use of the Site or to review or edit any content. However, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
6. Your Obligations
You are solely responsible for your own conduct while accessing or using this website, and for any consequences thereof. You agree to use the website only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to:
1. Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or otherwise objectionable content
2. Distribute viruses, worms, defects, trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
3. Impersonate another person(s) or projects / organisations that you do not represent / own
4. Upload, post, transmit or otherwise make available through the website any content that infringes the intellectual property or proprietary rights of any party or otherwise violates the legal rights of others
5. Engage in, promote, or encourage illegal activity (including, without limitation, money laundering, tax evasion, terrorist financing, etc.)
6. Interfere with other users' use of the website
7. Use the website for any unauthorised commercial purpose
8. Modify, adapt, translate, or reverse engineer any portion of the website
9. Remove any copyright, trademark or other proprietary rights notices contained in or on the website or any part of it
10. Use any technology to collect information about the website's for any unauthorised purpose
11. Access or use the website for the purpose of creating a product or service that is competitive with any of our products or services.
If you engage in any of the activities prohibited by this Section, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account.
7. Source of funds, wealth and sanctions
You warrant that:
1. The funds (in this context fiat or crypto tokens) used for settlement / donation / reservation are not connected with and have not been used in any criminal activity, including tax evasion
2. You are not presently under investigation, nor have you been charged with or convicted of money laundering, terrorist activities or other crimes
3. Whether you are buying / reserving / bidding / donating for yourself or where you are doing this as agent on behalf of any ultimate buyer(s) you have also complied with all applicable rules that may apply including customer due diligence, anti-money laundering, counter terrorist financing, sanctions laws, that the funds used for settlement are NOT connected with the proceeds of any criminal activity, including tax evasion
4. You may be requested (in very specific cases) to disclose to us your identity and other supporting evidence (e.g., source of funds, source of wealth, etc.) and you will make such documentation available for immediate inspection on our request
5. You (including a buyer that you may represent) nor its wallet(s) is related or associate with a citizen or a resident that is the target of sanctions or embargoes imposed by the European Union, the United Kingdom, the United Nations or the United States
6. You or the individuals associated with you are NOT identified on the US Department of Commerce’s Denied Persons or Entity List, the US Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the US Department of State’s Debarred Parties List, or similar lists promulgated by the government of the European Union, the United Kingdom, or the United Nations
7. This applies to you and any other individual that you may purchase the NFT from you
By purchasing, holding and using an NFT, you expressly acknowledge and assume all risks associated with an NFT (currently known and potential future / unknown risks, including technological risks, operational risk, hacking risks, legal risk, valuation risk, tax risk and so on). This includes the risk of losing all your funds.
Similarly you expressly acknowledge and assume all risks related to the Radix blockchain, the Radical Penguins™ NFT technology (in its code or wider), or any other system in relation to the use / operation of your NFT. For example if security vulnerabilities / exploits or mishandlings (either malicious or unintentional) where to be found and exploited or misused, as a result of Radix itself, or the Radical Penguins™ NFTs itself, or any other computer / operating system used and if this cause any type of damage / loss of profit to you then you agree to hold the Radical Penguins™ harmless from this.
This is especially true for Radix blockchain which is under development and such unforeseen consequences may occur.
You accept and acknowledge each of the following:
1. To the extent that you sell your Radical Penguins™ collectible, please be aware that the prices of NFTs are extremely volatile and fluctuations in the prices of other NFTs, cryptocurrencies in general, popularity factors, subjective perceptions and so on, can impact the price of your Radical Penguins™ both positively and negatively. Given the volatility, NFTs such as Radical Penguins™ must not be considered an investment. You assume all risks in that connection.
2. Ownership of a Radical Penguin confers ownership of digital illustration only. Accordingly, no information on this website (or any other documents mentioned therein) is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, nothing on this website qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities or other financial products.
Due to the artistic nature of the project, Viking Labs LLC is not required to be, nor has it registered with, nor has been approved by, any regulator in any jurisdiction. You understand and are comfortable with the implication of this. It remains your sole responsibility to assure that the purchase of the Radical Penguins™ and the associated illustration is in compliance with laws and regulations in your jurisdiction.
3. You assume all risks associated with using an NFT including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorised access to information stored within your wallet.
4. NFTs (like cryptocurrencies and blockchain technology) are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your Radical Penguins™. You understand and accept all risk in that regard.
5. You assume all responsibility for any adverse effects of disruptions or other issues impacting Radix DLT Network, the Radix DLT Network platform or coding / programming error in relation to the NFTs.
6. Rules and regulations might change and you (the owner) is responsible to keep up to date with such rules and regulations as they might be applicable to you.
7. Radical Penguins™ , does not make any representation / warranty / promise of anything at all in relation to the Radical Penguins™ collection / project (including, but not limited to, security of the NFT, availability, functionality, value, continued use, and so on), and will use this clause to the fullest extent if necessary, and you unequivocally accept this significant risk by interacting / owning with a Radical Penguins™ collectibles / NFT.
8. Finally, by engaging / owning / trading NFTs (including Radical Penguins collectibles), all your funds are at significant risk which can result in you losing access to your funds, and / or the value of the NFT (including Radical Penguins) you own might go down to nil (sometimes instantaneously). Hence engaging with NFT is not suitable for most individuals and extreme caution is recommended.
9. Should you choose to trade our collectibles / NFTs, please ensure that you comply with VikingLand's T&C and address any technical / trading related queries to them. Should there be a dispute following a trade of Radical Penguins™ NFTs, that is a dispute solely between the buyer and seller of such NFTs. We disclaim all trading related liabilities and responsibly (whether that liability stems from technical challenges, or a buyer / seller challenge).
Potential risk mitigation:
As a potential risk mitigation strategy no one owner should hold more than a very small number of Radical Penguins NFTs (if any) at any point in time. This is to minimise your exposure from the significant risks present in crypto / NFTs. This is not financial advice, but a common sense statement.
9. Disclaimer (Crypto assets)
Viking Labs LLC created only the imagery related to Radical Penguins 3D imagery, such imagery is unique and not-fungible with other crypto-assets, meaning that each Radical Penguin collectible is unique and exclusive to its owner.
All trading elements and crypto services are NOT provided by Viking Labs, but by the Radix Marketplace on which Radical Penguins are being listed on (VikingLand, www.vikingland.io).
Radical Penguins is not a provider of digital asset services including, but not limited to, services regarding initial coin offering; custody of digital assets on behalf of third parties or access to digital assets for the purpose of holding, storing and transferring digital assets; the purchase and sale of digital assets in legal tender; the exchange of digital assets for other digital assets; the operation of a digital asset trading platform; or any services related to third party order reception and transmission, third party portfolio management, advice, underwriting, guaranteed placement and unguaranteed placement.
Radical Penguins does not provide asset intermediation services including, but not limited to, services related to the offer, to clients or potential clients, to acquire rights on one or more assets on the basis of the possibility of a direct or indirect financial return or similar economic effect.
In this regard, the user hereby represents, warrants, and agrees that any use of the Radical Penguins website and services, including any purchase of a Radical Penguins collectibles, is made for its sole personal collection, use and enjoyment. User shall refrain from any act and/or omission which could, in any way whatsoever, be interpreted as or suggest that (i) the user is accessing or using the Radical Penguins website and/or services, including purchasing a Radical Penguins collectibles, for speculative or investment purposes, for use as a substitute for currency or other medium of exchange, or for resale or redistribution, or that (ii) accessing or using the Radical Penguins website and/or services, including purchasing a Radical Penguins NFT, may constitute an opportunity to gain economic benefit or profit, or an investment, equity, or other ownership or profit-sharing interest in Radical Penguins or its affiliates or business partners of any kind. In this regard, Radical Penguins makes no warranties whatsoever with regard to any future value or resale price of a Radical Penguins NFT.
You are the sole responsible for your compliance with applicable laws and regulations, including tax obligations in relation with NFT and cryptocurrencies. Please be aware that changes in applicable laws and regulations may impact the services and your rights and obligations regarding your Radical Penguins collectibles.
It is the buyer’s / holder's responsibility to ascertain and pay all taxes due, which may arise from minting, selling, owning or interacting with a Radical Penguin™ collectibles.
Will be set at 10% and enforceable via the VikingLand (the largest Radix NFT Marketplace.)
If you elect to purchase a Radical Penguin through the VikingLand website , any financial / crypto transactions that you engage in will be conducted solely through the Radix DLT Network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the Radix DLT Network.
Radix DLT Network requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Radix DLT Network. The Gas Fee funds the network of computers that run the decentralized Radix DLT Network. This means that you will need to pay a Gas Fee for each transaction.
14. How to buy / sell / trade Radical Penguins
Trading is not permitted under any circumstance until a full listing on a 3rd party Radix NFT marketplace. Such Marketplace will perform the required verification (KYC & AML) on its customers to ensure full compliance with its legal obligations, as applicable.
Penguins are available to trade on VikingLand (www.vikingland.io), the largest NFT Marketplace on Radix.
VikingLand allows to easily buy and sell your NFTs for the first time and is the only place where trades are allowed.
Please note that Radical Penguins / Viking Labs LLC is not a crypto asset service provider and therefore has no control over trades, prices or the Marketplace.
The name similarity between us (Viking Labs LLC) and the NFT Marketplace (VikingLand) is coincidental and we are not related entities.
Should you choose to trade our NFTs, please ensure that you comply with VikingLand's T&C and address any technical / trading related queries to them. Should there be a dispute following a trade of Radical Penguins™ NFTs / collectible, that is a dispute solely between the buyer and seller of such NFTs. We disclaim all trading related liabilities and responsibly (whether that liability stems from technical challenges, or a buyer / seller challenge).
Buying, Selling and Exchanging
You may, at your sole discretion, post your Radical Penguin collectibles for sale on the VikingLand Marketplace in accordance with the procedures set out in VikingLand’s FAQ.
To offer a Radical Penguin collectible for sale you are responsible for setting the price. This potential transaction is arranged exclusively between the Seller and Buyer (and not by us).
When you buy / sell a Radical Penguins collectible in the VikingLand Marketplace, the Marketplace may charge a fee for the transaction and a royalty.
Transactions between buyers and sellers
We do not intervene, arrange or more generally do not participate in the conclusion of the sale / trades / swaps between Buyers and Sellers on the VikingLand Marketplace in any way, nor do we intervene in any way in the choice and/or price of the Radical Penguins offered on the Marketplace.
We are not a party nor an agent to the sale or purchase of Radical Penguin on the VikingLand Marketplace, and we do not act as an execution intermediary for the bilateral or multilateral matching of the interests of Buyers and Sellers. This means that we will not arrange and/or match potential buying interests of the potential Buyers to Radical Penguins collectible posted for sale by the Buyers or Seller, or otherwise direct Offers to potential Buyers or Seller. You are solely responsible for your offers to sell or buy Radical Penguins collectibles; we make no claims regarding any Offer, Seller, Price, Buyer, and/or Radical Penguin collectibles value (if any).
Notwithstanding the foregoing, VikingLand Marketplace can potentially intervene after the transactions have been made, if the proposed purchase is not compliant with their Terms and/or applicable law or regulations.
Marketplace Prices and Offers for Sale
We do not control the value (if any), relevance and/or fairness of the prices proposed by a Seller. The Seller is solely responsible for determining the selling price of the relevant Radical Penguin collectible and the Buyer is solely responsible for evaluating the price of any Radical Penguin posted on the VikingLand Marketplace.
Disputes on the VikingLand Marketplace
Any and all claims arising from the use of the VikingLand Marketplace functionalities must be addressed with VikingLand (and not us).
Disputes on the Buying and Selling
Responsibility for disputes between the Buyers and the Sellers: When buying or selling Radical Penguins collectibles on the VikingLand Marketplace, you understand and agree that you are solely responsible for the relevant transaction. To the fullest extent allowed by applicable law, we shall not be held liable for damages caused by the sale, purchase, price, or any other act carried out by either Buyers or Sellers on or in connection with VikingLand Marketplace.
Dispute resolution between the Buyers and the Sellers: Any and all potential claims must be resolved between the relevant Buyer and / or Seller. The Seller is solely responsible for addressing any claim made against that Seller.
Taxes: As a matter of principle, the Seller / Buyer is responsible for all taxes, duties, and levies due in respect of the transaction it enters into with a Seller / Buyer.
Ownership title to a Radical Penguins collectible: For the avoidance of doubt we do not own (or hold title to) the Radical Penguins collectibles, such tiles apply to their individual holders. This also applies to the collectibles which are bought / sold / transacted on the VikingLand Marketplace. The ownership of the Radical Penguins collectible solely and unequivocally belongs to the seller / holder / or buyer (if the transaction successfully concludes) of the collectible. The ownership is verified by the VikingLand Marketplace via cryptographic ways and VikingLand Marketplace holds a central registry of ownership of the Radical Penguins collectibles holders' address.
15. Do I need to perform KYC/ AML to trade Radical Penguins?
What is KYC / AML?
KYC is an acronym for “know your customer”, or “know your client”. It involves the verification of a customer's identity and address. Identity verification requires information that can be used to verify your identity, like a valid driver’s license, a passport, etc. and address verification requires information that can be used to verify your address like a bank statement, council bill, utility bill, etc.
Know Your Customer (KYC) regulations are mandatory for major cryptocurrency exchanges, financial institutions because it ensures they comply with regulatory rules and laws, therefore remaining anti-money laundering (AML) compliant.
Do I need to do it ?
Short answer: this is the responsibility of the NFT Marketplace (i.e. the crypto asset service provider). As such, VikingLand may perform KYC / AML procedures on its clients, aligned with VikingLand's legal requirements. Please refer to VikingLand's website for more information.
Long answer: Since Viking Labs LLC only created the Radical Penguins illustrations, it does not generally collect KYC on its customers, since such obligations reside with the relevant crypto assets service provider, trading provider and / or NFT marketplace.
Radical Penguins have selected and contracted with VikingLand (www.vikingland.io) as the NFT Marketplace for the Radical Penguins collectables. VikingLand is the largest NFT Marketplace on the Radix network by volume and by number of NFT projects listed. VikingLand has initially issued the Radical Penguins NFTs to the individuals who reserved them by performing an allocation process. As such, Radical Penguins has created the illustration and VikingLand has issued the NFTs.
Importantly, Radical Penguins collectables can ONLY be purchased / traded / swapped on VikingLand.
VikingLand had made representations to us that they are operating legally and maintaining robust / proportional KYC & AML compliance procedures for transactions on all their customers. They further represented that they are responsible for setting relevant compliance thresholds, and so on as relevant, in accordance with their own legal requirements, as applicable in their jurisdiction.
If you do not complete the KYC & AML process (in case it is applicable to you, as / if decided by VikingLand), you will not be able to purchase / trade / swap your Radical Penguins on the VikingLand NFT Marketplace.
Although you may not enjoy full anonymity during cryptocurrency transactions, and there may be legal reporting requirements to relevant authorities, VikingLand may need to preform such procedures to comply with regulations.
Please note that VikingLand and Viking Labs LLC are not related / connected parties despite the name similarity.
16. Limitation of liability and Warranty disclaimers
Simply speaking, to the greatest extent permitted by applicable law, in no event shall Viking Labs LLC be liable for any direct / indirect damages caused to a user in relation to access and/or use of the Site and/or the services.
1. To the fullest extent permitted by law, you agree that in no event will Viking Labs LLC / Radical Penguins™, nor its service providers involved in creating, producing, or delivering the Site (and its services / collectables / etc.), 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 or the service, products or third-party sites and products, or for any damages related to loss of revenue, loss of profits, loss of savings, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data (including computer data), cost of substitute services of any kind, and whether caused by strict liability or tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if Viking Labs LLC, Radical Penguins™ or a Radix NFT Marketplace or its service providers have been advised of the possibility of such damages; or for any other claim, demand, or damages whatsoever resulting from or arising out of or in connection with these terms of the delivery, use, Site, or performance of the service. Access to, and use of, the service, products or third-party sites, 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.
2. Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability (total liability) of Viking Labs LLC arising out of or in any way related to these terms, the access to (or inability to access to) and use of the service, Site, content or collectables, or NFTs or the provision of any service, whether in contract, tort, strict liability, or any other legal theory, is strictly limited to the lower of (i) $100 or (ii) the amount in fiat equivalent which was paid directly to Viking Labs LLC at the time of the transaction (in the 6 months period preceding the date the claim arose, otherwise the claim is prescribed), whichever is lower.
3. All limitations (including foregoing limitation) will apply even if the above stated remedy fails of its essential purpose.
4. You are aware and accept that, as with any other venture, the Radical Penguins project might fail. This can include, but is not limited to, failure to complete the illustrations, failure to deliver the illustrations to the wallets which reserved the Penguins in the form of NFTs, failure to maintain the illustrations / NFTs long term, failure to mint the NFTs, failure to protect the NFTs from cybersecurity attacks, and so on. This should be read in the broadest spectrum of possible negative scenarios. In such undesirable cases, Viking Labs LLC (and its officers, directors, members, managers, etc.) cannot be held liable for any losses (directly or indirectly) or any other connected legal claims.
5. We disclaim any liability / responsibility that results (directly or indirectly) from potential technical failures, hacks, operational errors, malfunctions or the Radix blockchain itself (or equivalent Radix technology) and the way in which Viking Labs LLC / Radical Penguins™ team might have programmed / delivered / written the code of the Radical Penguins™ collectables NFTs (in case of hack, malicious misuse or error). In such cases Viking Labs LLC cannot be held liable.
6. Viking Labs LLC is incorporated as a Limited Liability Company and has sufficient, but limited capital. This implies that a potential lawsuit endeavour is very unlikely to be worth pursuing. By interacting with us you agree that you cannot hold us liable for anything and take our services "as is" and without any explicit or implicit warranty, representation or recourse against us. By using this website you are accepting sole responsibility for any and all transactions involving Viking Labs LLC / Radical Penguins digital collectibles.
7. In the event that you violate the Terms and Conditions or other laws and regulations you should give us appropriate / commensurate compensation and pay for all costs incurred therefrom (including attorney fees etc.). If the compensation does not offset the actual losses you should give additional compensation.
8. You expressly understand and agree that your access to and use of the Site is at your sole risk, and that the website is provided "as is" and "as available" without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we make no warranties and hereby disclaim all implied warranties regarding the website and any part of it (including, without limitation, the website, any smart contract, future smart contract, NFTs, or any external websites). This includes the implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, correctness, accuracy, reliability and any warranties arising out of course of dealing or usage of trade. Without limiting the generality of the foregoing, we, our subsidiaries, affiliates, and licensors do not represent or warrant to you that: (a) your access to or use of the website will meet your requirements, (b) your access to or use of the website will be available, uninterrupted, timely, secure or free from error, (c) the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Site (d) the website or any content, services, or features made available on or through the website are free of viruses or other harmful components, and (e) that any data that you disclose when you use the website will be secure. Any reliance you place on such information or content is strictly at your own risk.
9. You accept the inherent security risks of providing information and dealing online over the internet, and agree that we have no liability or responsibility for any breach of security.
10. We will not be responsible or liable to you for any losses you incur as the result of your use of the Radix DLT network nor do we have no control over and make no guarantees regarding any Smart Contracts or future Smart Contracts.
11. You understand and agree that we will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which you may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages.
12. You acknowledge and agree that we have made the website available to you and entered into these terms in reliance upon the warranty disclaimers and limitations of liability set forth herein. We would not be able to provide the website to you without these limitations.
13. Radical Penguins makes no warranties whatsoever, regarding the Radical Penguins Site, the services, and any transaction involving, in whole or in part, Radical Penguins NFT and/or cryptocurrencies, including, but not limited to, with regard to any risk associated with Radical Penguins NFT, such as, risk of failure to transfer the NFT to the user due to an error, such as forgotten passwords, mistyped addresses or incorrectly constructed transactions, mining attacks, cybersecurity attacks, blockchain malfunctions or other technical errors, telecommunications failure, unfavourable regulatory determinations or actions in one or more jurisdictions (including with respect to NFTs and/or cryptocurrencies), taxation of NFTs or cryptocurrencies, personal information disclosure, uninsured losses, unanticipated risks, volatility risks, server failure or data loss, corrupted or otherwise inaccessible digital wallets, unauthorised access, inability to access, transfer or display the NFT, risks arising from third-party providers, including third-party providers that may mint and/or store the NFT, and any damages arising from any unauthorized third-party activities, including without limitation the introduction of viruses or other malicious code, phishing attacks, sybil attacks, fifty-one percent (51%) attacks, brute forcing changes to the protocol rules of the blockchain (i.e., “forks”), or other means of attack that may affect, in any way, the Radical Penguins NFT.
14. Radical Penguins does not warrant that the user’s access and use of the Radical Penguins website and the services will be uninterrupted timely and free from errors, malfunctions, viruses and malicious codes of any kind whatsoever. No information provided on the Radical Penguins website is ever guaranteed in any way whatsoever.
15. The user expressly acknowledges and accepts that electronic communications may not be free from interferences with third parties. Radical Penguins shall in no event be liable for any damages, losses, costs, expenses and loss of profit, of whatever nature and kind, resulting from or arising out of such interference with third parties through the internet network.
16. The exclusions and limitation of damages set forth above are fundamental elements of the basis of the bargain between Viking Labs LLC and YOU.
A ranking is made available, in a non-prominent way, for the Radical Penguins indicating, on average, how rare their traits are. This ranking is a very imprefect indication of potential rarity, since it is calculated as the sum of how frequent each of the 12 traits which compose a Radical Penguin collectible appear in the full collection, then adds them together, and sorts it on a scale of 1 to 100.
Due to the calculation mechanism, a Radical Penguin collectible, with only one extremely rare trait, but with 11 other frequent traits, may have a low rating, even if, looked from an aesthetic point of view the collectible can be considered a very rare collectible.
Therefore, the ranking is not suitable for making determinations of value, and it is just added as a convenient way to sort.
We disclaim all liability which stems from any valuation of Radical Penguins, even if that stems from the ranking system, or from other sources. Please note that each potential valuation of a collectible (if any at all) is highly subjective, can change at any moment and can have a total loss of value in an instant.
18. Other T&Cs:
1. Please observe our Data Protection Policy
3. Please note that typical "force majeure" clauses apply
4. Links to Third Party Websites or Resources. The Site may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources
5. Viking Labs LLC (the creators of Radical Penguins™) is subject only to the laws of Wyoming (under which it has been incorporated in). By purchasing or interacting with us, notwithstanding the provisions under the "Dispute Resolution and Arbitration" Section, you explicitly agree that the Courts and the Laws, of the the State under which Viking Labs LLC has been incorporated will have sole jurisdiction over any legal matters (irrespective of any other jurisdictional claims, that you at your sole discretion have explicitly waived by interacting with us / by reserving a Radical Penguin).
By reserving / purchasing / selling / buying / donating of a Radical Penguin NFT (or a NFT reservation) you declare that you comply with all T&Cs enclosed herein. Generally, you are declaring and acknowledging that you are acting in good faith and comply with all applicable laws, you are not sanctioned and declare that the money used in connection to any sale / donation / reservation comes from legitimate sources and the intention of every dealing with us (or with a potential future buyer of the NFT) is legitimate. You are not connected (directly or indirectly), nor plan to facilitate any type of illegal activity by way of a Radical Penguin NFT. This applies to you as a holder of the NFT and to any other persons that might purchase the NFT from you (i.e. they need to comply with the same T&Cs as here). Lastly, you acknowledge that you are purchasing a NFT for fun / its illustrations / as a collectable and NOT as a investment product of any form.
You may choose to submit comments, bug reports, ideas or other feedback about the website or our services, including without limitation about how to improve the website or our services or NFT collection (collectively, “Feedback”) on our email address (RadicalPenguinsXRD@gmail.com) or on our Social Media addresses. By submitting any Feedback, you agree that we are free to use such Feedback in any way we choose without additional compensation to you and you hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license to incorporate and use the Feedback for any purpose.
20. Hold harmless / indemnification
You agree to hold harmless and indemnify Viking Labs LLC, Radical Penguin and its subsidiaries, affiliates, officers, members, directors, agents, principals, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, disputes, demands, losses, damages (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys' fees / expenses arising out of or in any way related to (a) your access to or use of the Site b) your breach of these Terms, c) your misuse of the website (including the services / NFTs offered via the website), d) your violation of applicable laws, rules or regulations in connection with your access to, use of the website and / or reservation of Radical Penguins™ collectables, e) any potential trading related claim (which is typically a buyer / seller issue or a Marketplace technical issue).
21. Changes to the Terms and Conditions
We may revise these T&C from time to time, but the most current version will be available on our Site. You are responsible for reviewing and becoming familiar with any such modifications. Revisions may be material and are at the sole discretion of Radical Penguins™. By continuing to access our website and holding / transacting any Radical Penguin collectables you agree to be bound by the most current Terms.
In the event you do not agree to the terms, including as maybe amended, you shall cease any and all utilisation of the Site and related services.
Radical Penguins™, this website, our services, etc. are not intended for children or underage individuals (i.e. below the age of consent). You must be at least 18 years old and at least the legal age of consent in your jurisdiction (whichever is higher) to access this website or purchase a Radical Penguin. If not, you are not permitted to use this website or our services for any reason. By accessing the website, you represent and warrant that you comply with this age requirement.
23. Dispute Resolution and Arbitration
1. Informal resolution of disputes. You and Viking Labs LLC must first attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, the use of the Services, or the Site (collectively, "Disputes") informally. Accordingly, neither you nor Viking Labs LLC may start a formal arbitration proceeding for at least 90 days after one party notifies the other party of a claim in writing. As part of the informal resolution process you must deliver your written notice to us on: email@example.com and request a receive receipt.
2. In case the informal resolution fails, all disputes arising out of or in connection with these Terms, including without limitation your access or use of the website, or to any products sold or distributed through the website (i.e. Radical Penguins™ collectables), will be referred to and finally resolved by arbitration under the rules of the American Arbitration Association. The case will be adjudicated by a single arbitrator and will be administered by the American Arbitration Association in accordance with its applicable rules. We will not accept the legal fees and cost of another party associated with the arbitration proceedings. The place of arbitration will be Cheyenne, Wyoming, US (unless agreed in writing by Viking Labs LLC). The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any Wyoming court. Notwithstanding the foregoing, we may seek and obtain injunctive relief.
With respect to any dispute arising out of or related to these terms, including without limitation disputes related to the website or any products sold or distributed through the website, or the smart contracts or future smart contracts: (i) you hereby expressly give up your right to have a trial by jury; and (ii) you hereby expressly give up your right to participate as a member of a class of claimants in any lawsuit, including but not limited to class action lawsuits involving any such dispute.
3. Class Action Waiver. You and Viking Labs LLC agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
24. General Terms
1. Reservation of rights. Viking Labs LLC and its licensors exclusively own all right, title and interest in and to the Site, including all associated intellectual property rights. You acknowledge that the Site is protected by copyright, trademark, and other laws of the United States and other jurisdictions. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
2. Entire agreement. These terms constitute the entire and exclusive agreement understanding between Viking Labs LLC and you regarding the Site, and these Terms supersede and replace all prior oral or written understandings or agreements between Viking Labs LLC and you regarding the Site. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extend permissible and the other provision of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Viking Labs LLC prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Viking Labs may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure the benefit of the parties, their successors and permitted assigns.
3. In the event any one or more of the provisions of these Terms are unenforceable, it shall be stricken from the applicable document, but the remainder of the Terms shall remain in force. The provisions declared unenforceable shall be replaced by the provisions that are closest in meaning and scope to the initial provisions.
4. Waiver of rights. Viking Labs LLC's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a dully authorise representation of Viking Labs LLC. Except as expressly set forth in these Terms the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
5. Fiat to crypto disclaimer: any claim can be settled in either fiat (USD) or crypto (XRD) at whatever the "spot" rate was at the time the transaction subject to the claim was performed (as opposed to whatever other subsequent exchange rates may be). This determination of payment in either fiat or crypto equivalent will be made solely by Viking Labs LLC. Any claimant unequivocally renounce any claims of making this determination.
25. Pre-Babylon notice
Radix DLT (the DLT technology that Radical Penguins operates on) is under development and still in its infancy. The main upgrade that is required for NFTs to be technically enabled is called "smart contracts" and is codenamed the "Babylon" upgrade. Babylon is currently scheduled for Q3 2023 by the Radix DLT team.
Before Babylon, Radical Penguins will operate as most (if not all) of the other NFT projects on the Radix DLT network, by effectively simulating what a NFT is generally expected to do. However, after Babylon Radical Penguins will take steps and deliver the project as a "full" NFT project.
You are accepting this technical distinction and all its implications (legal, risk, operational or otherwise).
26. Donation awareness events
A "donation awareness event" is where we spotlight a reputable charity, usually chosen by a reputable community member publicly (such as on Twitter / Telegram, from the Radix CEO, Radix Head of Compliance, etc.) and ask our members to donate to the said charity. To kick-start the donation event, we promise to the person who donates / pledges the most a free unique Penguin Tribute NFT from us. The free Penguin is therefore more of an excuse to encourage charitable donations.
This is different from a traditional bid / auction, since in such cases a sale is implied and a therefore an explicit commercial interest. In our donation awareness events we are very clear that this is for charity only, hence no monetary gains should be expected / nor demanded.
How we typically conduct the donation awareness events in responsible manner? In all of our donation awareness events will:
1. Use the name “donation awareness event” and not bid / auction, for clarity.
2. Remind users to be responsible and only to donate / pledge what they are comfortable with and only to support the charity in question (usually a few times during the event to ensure coverage).
3. Allow plenty of time for the donation to unfold (usually a week or more), to remove the time pressure element.
4. Publish the rules to ensure that this nuance is clear and hence no monetary gain is to be expected from the donation.
5. If the amount pledged is over the amount specified our Risk Strategy / Risk Policy, then we will apply the necessary compliance procedures on the donation before we execute it, if the donation is intended to go through Viking Labs LLC's crypto wallet / bank account. Alternatively, if the donation is directly from the donor's bank / crypto account to the charity's crypto account the responsibility for checks rests with the bank and the charity and not with Viking Labs LLC.
6. If the individual who pledges the most is considered of unacceptable risk after the compliance procedures are applied, we will not send the free Penguin Tribute to such individual, but select the second highest pledge, and so on, until a suitable individual is identified.
7. We therefore reserve the right not to execute the donation if compliance checks are not passed.
27. Fair marketing
1. We NEVER discuss, talk about, engage, nor makes any price / value based representations / warranties / promises. As a matter of policy, all marketing around the Radical Penguins is done mindfully and only focused on the perceived artistic quality of the illustrations. We will never engage in unfair, abusive, deceptive marketing and only do fair, clear and not misleading marketing and / or representations.
2. We impose that if any owner of a Radical Penguin NFT will ever sell its NFT and / or wises to independently engage in marketing activities, it could do so only if the "fair marketing" principles, as specified herein, are observed, and in any case, in full compliance with the laws and regulations of the territory in which it conducts such marketing activities.
28. Contact information
Please contact us at: RadicalPenguinsXRD@gmail.com, or by using the details provided below:
97, 1603 Capitol Avenue, Suite 413-A, Cheyenne, WY, Laramie, US, 82001
You acknowledge and agree with all the above T&C. You will only hold Penguins up until the limit which is set and do so with every intention to comply with any laws that are applicable to you.
You will only trade your Radical Penguins™ NFT in accordance with the T&Cs and only a) via us (temporarily) and b) in the future via a Radix NFT Marketplace (which is likely to have their own T&Cs).
If you breach any of the T&C that entitles us to refuse to complete, to terminate or to cancel all and any agreements we have with you or process any sale, deliver any NFT’s or register you to bid for any NFT and that you will have no recourse against the Viking Labs LLC / Radical Penguins™ team for doing so.
Generally speaking, we disclaim all responsibility if you act illegally, unlawfully, deceitfully or break any of the T&C and you have hold us harmless from claims and their associated costs (subject to these T&C).
The right of final interpretation of the Terms and Conditions is owned by Viking Labs LLC.
Copyright © 2023. Radical Penguins™ is a collectable collection created by Viking Labs LLC on the Radix DLT network. All Rights Reserved.