Mint Now!

We will be limiting the mint to 10 Monks per transaction. However, you can return to the mint section as many times as you want.

Current Price: 1.5 SOL

Terms and Conditions

Awkmonks is a digital art collection living on a decentralized application on the Solana network  using uniquely coded smart contracts (each, a “Smart Contract”) currently accessible  at www.awkmonks.com (the, “Site” or “App” and collectively with Smart Contracts, referred  herein as the the “Site” or “App”). Awkmonks is comprised of unique characters known as  Awkmonks (each, a “Monk” or “Monks”). Each Monk is associated with a non-fungible token  (“NFT”) on the Solana network.

 

EACH MONK IS A UNIQUE NON-FUNGIBLE PIECE OF DIGITAL ARTWORK AND AS SUCH ARE  FINISHED PRODUCTS. ANY INFORMATION PROVIDED BY US OR ON THE SITE IS FOR  ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED  NOR IS IT INTENDED AS, AN OFFER TO SELL, OR THE SOLICITATION OF AN OFFER TO BUY, ANY  INTEREST IN ANY SECURITY, ENTITY, INVESTMENT VEHICLE OR CONTRACT, INCLUDING, BUT  NOT LIMITED TO, WITH RESPECT TO MONKS.

 

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO EXPECTATION OF PROFIT ASSOCIATED  WITH YOUR PURCHASE OF ANY MONKS AND YOU HAVE NO EXPECTATION TO DERIVE  PROFITS FROM THE MONKS AS A RESULT OF OUR EFFORTS OR THE EFFORTS OF ANY THIRD  PARTY. ANY REFERENCES TO SECONDARY MARKETS FOR NFTs ARE PROVIDED SOLELY FOR  INFORMATIONAL PURPOSES AND YOU ACKNOWLEDGE AND AGREE THAT YOUR PURCHASE  OF ANY MONKS IS NOT IN RELIANCE OF THE EXISTENCE OF ANY SUCH SECONDARY MARKET  THAT MAY OR MAY NOT SUPPORT MONKS.

 

Before using the Site, you must agree to these T&C and any other terms and conditions  incorporated or referenced herein (the T&C and any other terms and conditions incorporated  or referenced herein are collectively referred to as the “Terms”). PLEASE READ THESE TERMS  CAREFULLY BEFORE USING THE SITE, THE SMART CONTRACTS, OR THE SITE. THESE TERMS  GOVERN YOUR USE OF THE SITE, THE SMART CONTRACTS, AND THE SITE. YOU ARE NOT  PERMITTED TO USE THE SITE, THE SMART CONTRACTS, AND THE SITE IF YOU DO NOT ACCEPT  ALL OF THESE TERMS. BY USING THE SITE, THE SMART CONTRACTS, THE SITE, OR ANY PART  THEREOF, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL  OF THE TERMS CONTAINED HEREIN. 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  COMPANY OR LEGAL ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT  ACCEPT ALL OF THESE TERMS, THEN WE ARE NOT WILLING TO MAKE THE SITE, THE SMART  CONTRACTS, OR THE SITE AVAILABLE TO YOU. IF YOU DO NOT FULLY AGREE TO THESE TERMS,  YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE, THE SMART CONTRACTS, OR THE SITE.

ALL TRANSACTIONS INITIATED THROUGH THE SITE ARE FACILITATED AND RUN BY THIRD-PARTY  ELECTRONIC WALLETS ON THE SOLANA BLOCKCHAIN, AND BY USING THE SITE YOU AGREE THAT YOU ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY FOR THOSE  APPLICABLE WALLETS. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE  APP IS AN ADMINISTRATIVE PLATFORM ONLY. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING  THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ANY ASSETS YOU PURCHASE.

  1. THE SITE.
    To use the Site, you will need to have a web browser and the Phantom Wallet (www.phantom.app) or similar to interact with the Solana network. All transactions regarding Monks are managed and confirmed on the Solana blockchain. You understand  that your Solana public address may be made publicly visible whenever you engage in a  transaction. We do not own nor control your web browser, Phantom Wallet, or similar  wallets on the Solana network, or any other third-party site, product, or service that you  might access, visit, or use for the purpose of enabling you to interact with the Site. We  are not liable for the acts or omissions of any such third parties, nor will we be liable for  any damage that you may suffer as a result of your transactions or any other interaction  with any such third parties. Any tools or calculations that are displayed on the App or  otherwise provided on the Site are for informational and entertainment purposes only.  These calculations are in no way predictions of any value associated with MONKS and you agree that you will not construe any such tools or calculations as predictions of  future prices or values in any way or that we are giving you any advice on any value  associated with the Monks. For the avoidance of doubt, the Monks are finished  products and any additional tools, gamification, folklore, online communities or  calculations provided on the Site are solely for entertainment purposes. All decisions are  made in your sole discretion without reliance on any information provided on the Site.  There will be a total of 8,888 Monks initially minted for sale. All sales are final and we do not guarantee that all interested buyers will be able to purchase a Monks before  they are sold out. We disclaim all liability in connection with the purchase of any Monks.  It is your responsibility to ensure that your purchase of any Monks has been completed.  We reserve the right to terminate or end the initial sale of Monks at any time.
  2. OWNERSHIP; LICENSE; RESTRICTIONS.
    Definitions. (i) “Art” means any art, design, and drawings that may be associated with a MONK that you Own. (ii) “Own” means, with respect to a Monk, a Monk that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the Solana blockchain. (iii) “Purchased Monk” means a Monk that you Own. (iv) “Third Party IP” means any  third-party patent rights, copyrights, trade secrets, trademarks, know-how or  any other intellectual property rights recognized in any country or jurisdiction in  the world.
  3. Ownership. (i) When you purchase a Monk, you own only the NFT, not any associated Art. Each Monk is associated with an NFT on the Solana blockchain. When you acquire a Monk, you own the NFT, not the associated Art, or any  other Monk Materials (as that term is defined below), or any Third Party IP. You  can trade the NFT, sell it, or give it away for free similarly to physical artwork.  Ownership of the NFT is governed solely by the Smart Contract and the Solana  Network. (ii) We Own the Site, and the Site includes the Art. You acknowledge and agree that we (or, as applicable, our licensors) own all legal right, title and  interest in and to all other elements of the Site, and all intellectual property  rights therein (including, without limitation, all Art, designs, names, copyrights, trademarks, patents, systems, methods, information, computer code, software,  services, “look and feel”, organization, compilation of the content, code, data,  and all other elements of the Site (collectively, the “Monk Materials”)). Other  than expressly stated in these Terms, you do not have any other rights in the  Monk Materials. You acknowledge that the Monk Materials are protected by, as  applicable, copyright, trade dress, patent, and trademark laws, international  conventions, other relevant intellectual property and proprietary rights, and  applicable laws. All Monk Materials are the copyrighted property of us or our  licensors, and all trademarks, service marks, and trade names associated with  the App or otherwise contained in the Monk Materials are proprietary to us or  our licensors. You may not use the Monk name without our prior written  consent. Except as expressly set forth herein, your use of the Site does not grant  you ownership of or any other rights with respect to any Art, content, code,  data, or other Monk Materials that you may access on or through the Site. We  reserve all rights in and to the Monk Materials that are not expressly granted to  you in these Terms. For the avoidance of doubt, you understand and agree: (a)  that your acquisition or purchase of a Monk, whether via the Site or otherwise,  does not give you any rights or licenses in or to the Monk Materials (including,  without limitation, our copyright in and to the associated Art or the Monk name/trademark) other than those expressly contained in these Terms; (b) that  you do not have the right, except as otherwise set forth in these Terms, to  reproduce, distribute, or otherwise commercialize any elements of the Monk Materials (including, without limitation, any Art) without our prior written  consent in each case, which consent we may withhold in our sole and absolute  discretion; and (c) that you will not apply for, register, or otherwise use or  attempt to use any Monk trademarks or service marks, or any confusingly similar  marks, anywhere in the world without our prior written consent in each case,  which consent we may withhold in our sole and absolute discretion.
  1. License to Art. (i) General Use. Subject to your full and continued compliance with these Terms, we grant you a limited worldwide, non-exclusive, non transferable, royalty-free license to use, copy, and display the Art of your Purchased Monks solely for the following purposes: (a) for your own personal,  non-commercial use; (b) as part of a marketplace that permits the purchase and  sale of your Purchased Monks, provided that the marketplace cryptographically  verifies each Monk owner’s rights to display the Art for their Purchased Monk to  ensure that only the actual owner of the NFT can display the Art; or (c) as part of  a third party website or application that permits the inclusion, involvement, or  participation of your Purchased Monks, provided that the website/application  cryptographically verifies each Monk owner’s rights to display the Art for their  Purchased Monks to ensure that only the actual owner of the NFT can display  the Art, and provided that the Art is no longer visible once the owner of the Purchased MONKS leaves or logs out of the applicable website/application. (ii)  Non-digital Commercial Use. Subject to your continued compliance with these  Terms, we grant you a limited, worldwide, non-exclusive, non-transferable  license to use, copy, and display the Art for your Purchased MONK for the  purpose of commercializing your own physical merchandise that includes,  contains, or consists of the Art for your Purchased MONK (“Commercial Use”),  provided that such Commercial Use does not (a) include any form of  collaboration or involvement of any brand or other third party, or (b) result in  you earning more than USD$100,000 in gross revenue each year. In the event  your Commercial Use exceeds USD$100,000 in a given year, you will need to  enter into a commercial license with us. If you exceed the USD$100,000  limitation, you will be in breach of these Terms, and must contact us regarding  entering into a broader license agreement (which will be in our sole and absolute  discretion). Without entering into a commercial license with us, you  acknowledge and agree that: (x) you are in breach of these Terms; (y) in addition  to any remedies that may be available to us at law or in equity, we may  immediately terminate the license granted above; and (z) you will be liable and  responsible to reimburse us for any costs and expenses incurred by us during the  course of enforcing these Terms against you (including attorney and legal fees).
  1. Restrictions. You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without our express prior written consent in each case: (i) modify the Art for your Purchased Monks in any way, including,  without limitation, the shapes, designs, drawings, attributes, or color schemes;  (ii) use the Art for your Purchased Monks to advertise, market, or sell any third  party product or service; (iii) use the Art for your Purchased Monks in connection  with images, videos, or other forms of media that depict hatred, intolerance,  violence, cruelty, or anything else that could reasonably be found to incite  violence or otherwise infringe upon the rights of others; (iv) use the Art for your  Purchased Monks in movies, videos, or any other forms of media, except to the  limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use; (v) sell, distribute for commercial gain  (including, without limitation, giving away in the hopes of eventual commercial  gain), or otherwise commercialize merchandise that includes, contains, or  consists of the Art for your Purchased Monks, except as expressly permitted in  these Terms; (vi) attempt to trademark, copyright, or otherwise acquire  additional intellectual property rights in or to the Art for your Purchased Monks;  or (vii) otherwise utilize the Art for your Purchased Monks for your or any third  party’s commercial benefit. To the extent that Art associated with your  Purchased MONK contains Third Party IP (e.g., licensed intellectual property  from a celebrity, athlete, or other public figure), you understand and agree as  follows: (w) that you will not have the right to use such Third Party IP in any way  except as incorporated in the Art, and subject to the license and restrictions  contained herein; (x) that the Commercial Use license in Section 2.C(ii) above will  not apply; (y) that, depending on the nature of the license granted from the owner of the Third Party IP, we may need to pass through additional restrictions  on your ability to use the Art; and (z) to the extent that we inform you of such  additional restrictions in writing (email being acceptable), you will be responsible  for complying with all such restrictions from the date that you receive the notice,  and that failure to do so will be deemed a breach of this license. For the  avoidance of doubt, it is strictly prohibited and a violation of these Terms to use  any Art or Purchased MONKS in order to create a similar or derivative NFT based  on the Art or Purchased MONKS. Such use constitutes a violation of these Terms  as well as intellectual property infringement, which would cause monetary  damages and irreparable harm to us. The restrictions in this Section will survive  the expiration or termination of these Terms.
  1. Other Terms of License. The license granted in Section 2.C above applies only to the extent that you continue to Own the applicable Purchased MONKS. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your  Purchased Monk for any reason, the license granted in Section 2.C will  immediately expire with respect to you and that MONK without requiring notice,  and you will have no further rights in or to the Art for that MONK.
  2. Feedback. You may submit comments, bug reports, ideas or other feedback about the App (collectively, “Feedback”). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to  incorporate and use your Feedback for any purpose. By submitting Feedback,  you agree that we are free to use such Feedback at our discretion and without  additional compensation to you, and to disclose such Feedback to third parties.
  3. Use of the MONKS name. Notwithstanding any contained in these Terms, You agree that you will not use the MONKS name for any purpose without obtaining our prior written consent. Approval shall be determined in our sole discretion.  Furthermore, non-response to a request for such approval shall not be deemed  an approval.
  4. Your Obligations. You are solely responsible for your own conduct while accessing or using the Site, and for any consequences thereof. You agree to use the Site 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: (i) send, upload,  distribute or disseminate any unlawful, defamatory, harassing, abusive,  fraudulent, hateful, violent, obscene, or otherwise objectionable content; (ii)  distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any  other items of a destructive or deceptive nature; (iii) impersonate another  person; (iv) upload, post, transmit or otherwise make available through the Site  any content that infringes the intellectual property or proprietary rights of any  party or otherwise violates the legal rights of others; (v) engage in, promote, or  encourage illegal activity (including, without limitation, money laundering); (vi)  interfere with other users’ use of the Site; (vii) use the Site for any unauthorized  commercial purpose; (viii) modify, adapt, translate, or reverse engineer any  portion of the Site; (ix) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or any part of it; (x) use any technology  to collect information about the Site for any unauthorized purpose; (xi) access or  use the App 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 (if any) and/or  prohibit your access to the Site.
  1. SOLANA FEES AND PAYMENTS.
    Any final acquisition or purchase of MONKS will be conducted solely through the Solana network, though the Site may serve as a platform to facilitate such transactions. We have no control over these transactions as or once they occur,  nor do we have the ability to reverse any transactions. You agree that 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 pertaining to the Smart Contracts or the Site,  or any other transactions that are conducted via the Solana network. The Solana network requires the payment of a transaction fee for every transaction that occurs on the Solana network. This fee funds the network of computers that run the Solana network. This means that you will need to pay  any such fees for each transaction.
  2. DISCLAIMERS. (a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK, AND THAT THE SITE 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,  OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND  HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP AND ANY PART OF IT  (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY  EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,  FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY,  OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR  SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU  THAT: (I) YOUR ACCESS TO OR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (II)  YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR  FREE FROM ERROR (INCLUDING ANY BLOCKCHAIN CODE ERRORS), (III) USAGE DATA  PROVIDED THROUGH THE APP WILL BE ACCURATE, (III) THE SITE OR ANY CONTENT,  SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE ARE FREE OF  VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU  DISCLOSE WHEN YOU USE THE SITE WILL BE SECURE. SOME JURISDICTIONS DO NOT  ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY  NOT APPLY TO YOU. (b) 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 UNLESS IT IS DUE TO  OUR WILLFUL MISCONDUCT. (c) WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR  ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE SOLANA NETWORK OR ANY SOLANA WALLET OR OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED  TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (i) USER ERROR, SUCH AS  FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER  TRANSACTIONS; (ii) SERVER FAILURE OR DATA LOSS; (iii) CORRUPTED WALLET FILES; OR  (iv) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT  LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF  ATTACK AGAINST THE SITE, SOLANA NETWORK, OR ANY SOLANA WALLET OR OTHER  ELECTRONIC WALLET. (d) MONKS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY  VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE SOLANA NETWORK. ALL  SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER  WITHIN THE SOLANA NETWORK. WE HAVE NO CONTROL OVER AND MAKE NO  GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. (e) WE ARE NOT  RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE  SOLANA NETWORK OR ANY SOLANA WALLET OR OTHER ELECTRONIC WALLET,  INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES  (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE  SOLANA NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER  ISSUES HAVING FUND LOSSES AS A RESULT.
  1. LIMITATION OF LIABILITY. (a) YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS 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. (b) YOU AGREE THAT OUR TOTAL, AGGREGATE  LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE  TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY  PORTION OF THE SITE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER  LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID  US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM  AROSE, OR (B) $100. (c) YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE  APP AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE  WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH  REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND  FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO  PROVIDE THE APP TO YOU WITHOUT THESE LIMITATIONS.
  2. RISKS. You accept and acknowledge the following risks: (a) The prices of blockchain assets and cryptocurrencies are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your MONKS, which may  also be subject to significant price volatility. We cannot guarantee that any MONKS purchased will retain their original value. MONKS have no inherent or intrinsic value. For  the avoidance of doubt, your purchase of MONKS should not be considered an investment. (b) You are solely responsible for determining what, if any, taxes apply to  your MONK-related transactions. We are not responsible for determining the taxes that  apply to any of your transactions. (c) The Site does not store, send, or receive MONKS.  MONKS exist only by virtue of the ownership record maintained on the blockchain in the  Solana network. Any transfer of MONKS occurs within the supporting blockchain in the  Solana network. (d) There are risks associated with using an Internet-based currency,  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  unauthorized access to information stored within your wallet. You accept and  acknowledge that we will not be responsible for any communication failures,  disruptions, errors, distortions or delays you may experience when using the Solana  network, however caused. (e) A lack of use or public interest in the creation and  development of distributed ecosystems could negatively impact the MONKS and,  including but not limited to, the value of the MONKS. (f) The regulatory regime  governing blockchain technologies, cryptocurrencies, and tokens is highly uncertain, and  new regulations or policies may materially adversely affect the MONKS, and therefore  the potential value of MONKS. (g) Upgrades by Solana to the Solana network, a hard  fork in the Solana network, or a change in how transactions are confirmed on the Solana  network may have unintended, adverse effects on all blockchains using the Solana NFT  Metaplex standard or similar, including the MONKS.
  1. INDEMNITY. You shall defend, indemnify and hold harmless us and our subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or  nature, suit, judgment, litigation cost, and attorneys’ fees arising out of or in any way  related to (i) your breach of these Terms, (ii) your use or misuse of, or access to the Site,  (iii) misappropriation or infringement by you, of any intellectual property rights or other  right of ours, or any person or entity or (iv) your violation of applicable laws, rules or  regulations in connection with your access to or use of the Site. We reserve the right to  assume the exclusive defense and control of any matter otherwise subject to  indemnification by you, in which event you will assist and cooperate with us in asserting  any available defenses.
  2. THIRD PARTY SITES. The Site may permit you to link to other websites, services or resources on the Internet, which are provided solely as a convenience to you. You access these third-party websites, services or resources at your own risk. These other  websites, services or resources are not under our control and you acknowledge that we  are not responsible or liable for the content, functions, accuracy, legality,  appropriateness or any other aspect of those websites, services or resources. The  inclusion of any link to third party websites, services or resources does not imply our  endorsement of them or any association with their operators. You acknowledge and  agree that we shall not be responsible or liable (directly or indirectly) for any damage or  loss caused or alleged to be caused by or in connection with the use of or reliance on  any content, goods or services available on or through any third party websites, services  or resources.
  3. CHANGES TO THE TERMS. We reserve the right, at our sole discretion, to modify or replace any of the Terms or to change, suspend or discontinue the Site at any time, with or without any prior notice. We may also impose limits on certain features and services  or restrict your access to parts or all of the Site without notice or liability. It is your  responsibility to check these Terms periodically for changes. You can determine if any  changes were made to these Terms by noting the date that these Terms were last  updated. Your continued use of the Site following the posting of any changes to the  Terms constitutes acceptance of those changes.
  4. CHANGES TO THE SITE. You acknowledge and agree that the form and nature of the Site, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the Site at any time without  notice. We also reserve the right to shut down the Site in our sole discretion. Shutting  down the Site will not prohibit you from transferring, buying or selling your Purchased  MONKS on another website or application.
  5. CHILDREN. The Site is not intended for children. You must be at least 18 years old to access this Site. If you are under 18 years old you are not permitted to use this Site for any reason. By accessing the Site, you represent and warrant that you are at least 18  years of age.
  6. DISPUTE RESOLUTION; ARBITRATION. Please read this Section 12 carefully. It requires you to arbitrate disputes with us, and limits the manner in which you can seek relief from us. A printed version of these Terms and any notice given in electronic form shall  be admissible in judicial or administrative proceedings based on or relating to the Terms  to the same extent and subject to the same conditions as other business documents and  records originally generated and maintained in printed form. You and us agree that any  cause of action arising out of or related to the Site must commence within one (1) year  after the cause of action arose; otherwise, such cause of action is permanently barred.  The Terms shall be governed by and construed in accordance with the laws of the State  of Florida, excluding its conflicts-of-law rules, and the United States of America. Any  dispute arising from or relating to the subject matter of this Agreement shall be finally  settled by arbitration in Florida, under the Arbitration Rules of the American Arbitration  Association then in effect, by one commercial arbitrator with substantial experience in  resolving intellectual-property and commercial contract disputes, who shall be selected  from the appropriate list of AAA arbitrators in accordance with AAA rules. The prevailing  party in any arbitration or other proceeding arising under these Terms shall be entitled  to receive reimbursement of its reasonable expenses (including reasonable attorneys’  fees, expert-witness fees and all other expenses) incurred in connection with the  proceeding. Judgment on the award may be entered in a court having jurisdiction or  application may be made to such court for judicial acceptance of any award and an  order of enforcement, as the case may be. Notwithstanding the above, each party shall  have the right to institute an action in a court of proper jurisdiction for injunctive or  other equitable relief pending a final decision by the arbitrator. For the purposes of this  Agreement, the parties consent to exclusive jurisdiction and venue in the United States  Federal Courts or state courts located in Florida. Use of the Site is not authorized in any  jurisdiction that does not give effect to all provisions of the Terms, including without limitation this section. WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO  THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE SITE, THE  SITE, THE 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.
  1. General. These Terms (including those terms incorporated herein by reference) are the entire Agreement between you and us with respect to the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or  electronic) between you and us with respect to the Site. If any provision of the Terms is  found to be unenforceable or invalid, that provision will be limited or eliminated to the  minimum extent necessary for the rest of the Terms to remain enforceable. Our failure  to enforce any part of these Terms shall not constitute a waiver of our right to later  enforce that or any other part of these Terms. For any waiver of compliance with these  Terms to be binding on us, one of our authorized representatives must provide you with  written notice of that waiver. There are no third-party beneficiaries to these Terms.  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. These Terms will be governed by and  construed in accordance with the laws of the State of Florida, and the federal laws of  United States applicable therein, excluding its conflicts of law rules and principles.  Subject to Section 12, any legal action or proceeding arising under these Terms will be  brought exclusively in the State or Federal courts located in Florida and the parties  irrevocably consent to the personal jurisdiction and venue there. We shall not be liable  for any failure to perform our obligations here where such failure results from any cause  beyond our reasonable control, including without limitation mechanical, electronic or  communications failure or degradation (including “line-noise” interference). All notices  under these Terms shall be in writing and will be deemed to have been duly given when  received, if personally delivered or sent by certified or registered mail, return-receipt  requested; when receipt is electronically confirmed, if transmitted by facsimile or email;  or the day after it is sent, if sent for next-day delivery by recognized overnight delivery  service.Awkmonks is a digital art collection living on a decentralized application on the Solana network  using uniquely coded smart contracts (each, a “Smart Contract”) currently accessible  at www.awkmonks.com (the, “Site” or “App” and collectively with Smart Contracts, referred  herein as the the “Site” or “App”). Awkmonks is comprised of unique characters known as  Awkmonks (each, a “Monk” or “Monks”). Each Monk is associated with a non-fungible token (“NFT”) on the Solana network.  EACH MONK IS A UNIQUE NON-FUNGIBLE PIECE OF DIGITAL ARTWORK AND AS SUCH ARE FINISHED PRODUCTS. ANY INFORMATION PROVIDED BY US OR ON THE SITE IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED  NOR IS IT INTENDED AS, AN OFFER TO SELL, OR THE SOLICITATION OF AN OFFER TO BUY, ANY  INTEREST IN ANY SECURITY, ENTITY, INVESTMENT VEHICLE OR CONTRACT, INCLUDING, BUT  NOT LIMITED TO, WITH RESPECT TO MONKS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO EXPECTATION OF PROFIT ASSOCIATED  WITH YOUR PURCHASE OF ANY MONKS AND YOU HAVE NO EXPECTATION TO DERIVE  PROFITS FROM THE MONKS AS A RESULT OF OUR EFFORTS OR THE EFFORTS OF ANY THIRD  PARTY. ANY REFERENCES TO SECONDARY MARKETS FOR NFTs ARE PROVIDED SOLELY FOR  INFORMATIONAL PURPOSES AND YOU ACKNOWLEDGE AND AGREE THAT YOUR PURCHASE  OF ANY MONKS IS NOT IN RELIANCE OF THE EXISTENCE OF ANY SUCH SECONDARY MARKET  THAT MAY OR MAY NOT SUPPORT MONKS. Before using the Site, you must agree to these T&C and any other terms and conditions  incorporated or referenced herein (the T&C and any other terms and conditions incorporated  or referenced herein are collectively referred to as the “Terms”). PLEASE READ THESE TERMS  CAREFULLY BEFORE USING THE SITE, THE SMART CONTRACTS, OR THE SITE. THESE TERMS  GOVERN YOUR USE OF THE SITE, THE SMART CONTRACTS, AND THE SITE. YOU ARE NOT  PERMITTED TO USE THE SITE, THE SMART CONTRACTS, AND THE SITE IF YOU DO NOT ACCEPT  ALL OF THESE TERMS. BY USING THE SITE, THE SMART CONTRACTS, THE SITE, OR ANY PART  THEREOF, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL  OF THE TERMS CONTAINED HEREIN. 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  COMPANY OR LEGAL ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT  ACCEPT ALL OF THESE TERMS, THEN WE ARE NOT WILLING TO MAKE THE SITE, THE SMART  CONTRACTS, OR THE SITE AVAILABLE TO YOU. IF YOU DO NOT FULLY AGREE TO THESE TERMS,  YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE, THE SMART CONTRACTS, OR THE SITE.ALL TRANSACTIONS INITIATED THROUGH THE SITE ARE FACILITATED AND RUN BY THIRD-PARTY  ELECTRONIC WALLETS ON THE SOLANA BLOCKCHAIN, AND BY USING THE SITE YOU AGREETHAT YOU ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY FOR THOSE  APPLICABLE WALLETS. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE  APP IS AN ADMINISTRATIVE PLATFORM ONLY. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING  THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ANY ASSETS YOU PURCHASE.