Making Coffee LLC (Making Coffee), MakingCoffee.com and associated digital assets are provided on an "as is" basis, without any warranties or representations, expressed or implied. Making Coffee disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Making Coffee platform sells coffee grown in regions such as El Salvador. Making Coffee makes no guarantees or representations regarding the availability, quality, or delivery of the coffee, and expressly disclaims all warranties including warranty of merchantability and warranty of fitness for particular purpose. Buyers are responsible for complying with all applicable laws and regulations related to the acquisition, possession, and distribution of the purchased goods as well as usage of the platform.
Making Coffee shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits or expected profits, goodwill, use, data, or other intangible losses arising out of or in connection with the use or inability to use the NFTs, the platform, the physical goods, or any associated licenses, rights, or services.
Assumption of Risk: Your Account on the Making Coffee platform may be associated with your linked blockchain address and display the NFTs for that blockchain address (and, if applicable, any content associated with such NFTs). By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with Making Coffee, and Making Coffee does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Making Coffee accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Service will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised.
The value of an NFT is subjective. The listed price of a privately listed NFT on the marketplace is not within the control of Making Coffee. Contract executions are determinative and irreversible, all sales are final and generally not subject to refund. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
You understand that you are responsible for any fees related to use of the Service, including for actions you take on the blockchain, regardless of whether a successful transaction occurs, and that such fees are final and irreversible.
A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs.
The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs.
You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. Making Coffee is not responsible for determining, withholding, collecting, reporting, or remitting any taxes that apply to your NFTs or the sale/purchase of your NFTs. However, should your consignment sale proceeds exceed $600 USD in a calendar year, you may need to provide tax documentation in order to claim additional proceeds.
There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections.
Making Coffee not have ownership or control of the smart contracts deployed by third parties, and are not responsible and make no guarantees regarding their operation and functionality.
We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Making Coffee has no ability to reverse any transactions on the blockchain.
There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Making Coffee will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused.
The Services rely on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
The Making Coffee platform offers a number of services including a referral service and coffee sales services. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, and personal license to access and use the Service provided, however, that such license is subject to your compliance with these Terms. If any content or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service, in each case for the sole purpose of enabling you to use the Service as permitted by these Terms, provided that your license in any content linked to or associated with any NFTs is consistent with the applicable terms of the NFT.
makingcoffee.com, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, urls, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, Making Coffee logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Making Coffee or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works.
Making Coffee’s name, logo, trademarks, and any Making Coffee product or service names, designs, logos, and slogans are the intellectual property of Making Coffee or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Making Coffee” or any other name, trademark or product or service name of Making Coffee or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Service constitutes the common law trademark of Making Coffee and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any NFTs displayed on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Making Coffee.
Making Coffee does not have ownership, custody, or control of NFTs or the smart contracts deployed by third parties. Creators of these NFTs or smart contracts are solely responsible for their operation and functionality. We also cannot guarantee that any NFTs visible on Making Coffee will always remain visible and/or available to be bought, sold, or transferred. Users are solely responsible for any content related to their NFTs.
By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Making Coffee, and our respective past, present, and future employees, officers, directors, contractors, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, successors, and assigns (individually and collectively, the “Making Coffee Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, content, NFTs, or content linked to or associated with any NFTs (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third party, and (e) your negligence or wilful misconduct. You agree to promptly notify Making Coffee of any Claims and cooperate with Making Coffee Parties in defending such Claims. You further agree that Making Coffee Parties shall have control of the defense or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND MAKING COFFEE.
Should you elect to receive your coffee, the goods will be shipped within X business days using the method of shipping selected or stated at the time. You understand that shipping may take longer than expected. Making Coffee expressly disclaims any warranties with regards to physical goods, including but not limited to warranty of merchantability and warranty of fitness for a particular purpose. Physical goods NFT exchanges are nonrefundable.
These terms and conditions govern the referral program for the Making Coffee LLC (Company) retail coffee business, and set out the rewards and prizes (rewards) offered to individuals (Referrer) who refer potential customers to Making Coffee. Compliance with all terms and conditions stated herein is required in order to receive such rewards.
Referrer must be 18 years of age or older and live in a jurisdiction where raffled prizes and/or sales commission in exchange for business referrals as described herein is lawful.
No purchases are necessary to participate. To enter, an individual must register their email address and optionally their Ethereum cryptocurrency wallet address with Company. Applies to all legitimate referrals of individual real potential customers for Company associated with an e-mail address and/or cryptocurrency wallet, retroactively to the initiation of the referral program and up until 12:00 AM UTC on September 16, 2023.
All confirmed referrals associated with an e-mail address and/or Ethereum cryptocurrency wallet addresses will count as one entry towards each raffle, respectively. Referrers must submit an Ethereum address to be eligible for the NFT drawing. Each confirmed referral will also count towards levels, as described below. Each potential customer may only be referred once. The use of bots, spoof email accounts, or other bad faith means to facilitate artificial referral activity is prohibited.
The terms of this referral program constitute and independent contract between the parties and, as such, Referrer is not an employee or principal of Company. Referrer has no expectation of employment through this promotion. By accepting a reward, Referrer specifically agrees to pay any and all federal and state taxes and other payments lawfully due in connection with the reward.
Prizes will be randomly drawn from all referrals and will be selected soon after the duration of the promotion is completed. Raffle prizes are not transferable or exchangeable for other rewards. The cash prize pool consists of 34 prizes totaling $15,000:
In order to accept a cash prize, Referrer must comply with all terms and conditions including the eligibility and disclosure requirements, if applicable.
NFT raffle prizes will be randomly drawn from the Ethereum addresses submitted in conjunction with a Referrer. Raffle prizes are not transferable or exchangeable for other rewards. Winners will be selected soon after the duration of the promotion is completed. The NFT prize pool consists of the following 103 prizes:
In order to accept an NFT prize, Referrer must comply with all terms and conditions including the eligibility and disclosure requirements, if applicable. NFT prizes will be sent to the same cryptocurrency address provided by the Referrer. Retroactive entry is not guaranteed for referrals that have been previously submitted without an associated Ethereum wallet address.
The odds of winning depend on the number of eligible entries received.
The Winner(s) will be notified via e-mail within 7 days of the winner selection. Company shall have no liability for a Winner's failure to receive notices due to spam, junk e-mail or other security settings or for a Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, or fails to timely return a completed and executed declaration as required, the prize may be forfeited and an alternate Winner selected. Receipt of the prize offered in this promotion by the Winner is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these official rules by the Winner at the Company's sole discretion will result in the Winner's disqualification as winner, and all privileges as winner will be immediately terminated.
In addition to the raffle prizes offered by company, Referrers who reach certain levels shall be entitled to either coffee or a referral commission on the first three purchases made by the individual that they referred, as well as a multiplier on their entries in each raffle (NFT entries contingent upon providing an Ethereum address). Each authentic referral counts as one level. The levels with rewards are:
Offer is limited to the stated reward for the specified levels only. Referrer will not continue to receive the stated percentage of sales beyond the monetary limit. Company reserves the right to suspend or modify payments under these terms should it detect unusual or suspicious referral activity. Company reserves the right to deny gross sales payments to any individuals whose referral activity appears to be inauthentic.
By receipt of any prize, winner agrees to release and hold harmless Company and their respective subsidiary, and affiliate companies, supplies, distributors, and advertising/promotion agencies, as well as each such company's officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Raffle or receipt, use, or misuse of any prize.
Except where prohibited, participation in the Raffle constitutes winner’s consent to Company’s and its agents use of winner’s name, likeness, photograph, voice, opinion, and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. The grand prize winner’s name may be announced publicly unless the winner requests in writing that they wish their name to be kept private.
NEITHER REFERRER NOR COMPANY WILL BE LIABLE TO THE OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, BUSINESS OPPORTUNITY, REVENUE, DATA OR GOODWILL, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RELATED TO THIS AGREEMENT, WHETHER OR NOT SUCH PARTY WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN, TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW.
In order to claim a reward in excess of $600 USD in value, Referrer must provide their tax information to Company for federal reporting requirements. Filling out a tax information disclosure is a necessary condition for receiving a prize. Value of a non-cash reward is determined at the time it is transferred. Referrer shall be liable for all tax reporting, tax liability, and other legal compliance associated with their rewards.
Company reserves the right to cancel, suspend and/or modify the Raffle, or any part of it, if any fraud, or other factor beyond the Company’s reasonable control impairs the integrity or proper functioning of the Raffle, as determined by Company in its sole discretion. In such event, Company reserves the right to award the prize at random from among eligible entries received up to the time of the impairment. Company reserves the right, in its sole discretion to disqualify any individual, without compensation, it finds to be tampering with the entry process or the operation of the Raffle or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Raffle or referral system may be a violation of criminal and civil law, and, should such an attempt be made, Company reserves the right to seek damages from any such person to the fullest extent permitted by law. Company’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. All necessary travel arrangements are the sole responsibility of the winner.
These terms shall be governed by the laws of the State of Wyoming. Disputes over this referral program shall be resolved individually without resorting to any class action and exclusively in the venue provided. Venue for any and all disputes shall be in the appropriate state or federal court having jurisdiction over Sheridan, Wyoming.
Copyright 2023 Making Coffee | All Rights Reserved.