The Administrator of the Store and the Portal is wMedia Spółka z ograniczoną odpowiedzialnością with its registered office in Warszawa (03-131) at ul. Mehoffera 29/U2, NIP: 5242929883, REGON: 520608466, e-mail: news@wminute.pl.
The Terms and Conditions define the terms of use of Store and Portal as well as the terms of membership in the NFT Ping community, in particular Mint of NFT Ping Tokens, rights related to their possession, conditions for trading NFT Ping Tokens, the scope of services provided by the Administrator and the scope of his responsibility.
Allowlist - the list of persons who are considered by the Administrator to be entitled to mint NFT Ping Token during the time allocated to this group. These individuals are guaranteed to mint NFT;
Customer – a natural person, a legal person, legal entity without legal personality, which places an Order for the NFT Ping Token or newsletter and concludes a Sales Agreement in accordance with present Terms and Conditions and the provisions of law;
Consumer – an adult natural person with full legal capacity, using the services defined in the Terms and Conditions in scope not directly related to his or her business or professional activity or an adult natural person with full legal capacity, using the services defined in the Terms and Conditions in the scope directly related to his or her business activity, when the content of the agreement indicates that it does not have a professional character for that person, basing in particular upon the subject of his business activity, made available in accordance with the provisions on the Central Register and Information on Economic Activity;
Collection - a limited number of NFTs created by the Seller, which will be linked to the Products specified by the Seller;
Digital File - any image included in the Collection saved in PNG format, which, as a result of Mint, is associated with the NFT Ping token through the corresponding metadata record;
Mint - the action of generating and storing in the Blockchain a unique code (token ID) linked to an individually tagged digital file, which is equivalent to the creation of an NFT;
Newsletter - the "NFT Ping" newsletter service provided for a fee within a renewable, annual subscription, consisting of delivering digital content to the User by the Seller, the subject matter and scope of which are defined on the appropriate sales page of this Product;
NFT (Non-Fungible Token) - a unique, digital, cryptographically recorded certificate of exclusive right to use the Products associated with it in blockchain;
NFT Ping Token - constituting a condition for access to the NFT Ping community, a limited number of NFTs created as a result of minting from the Digital File Collection provided by the Administrator. NFT Ping tokens were created in ERC721 standard and can be traded using Smart Contract on the Ethereum network in exchange for ETH cryptocurrency;
NFT Ping Portal - Internet service at the address: https://nftping.xyz/;
Order – the Customer’s declaration of intent aimed at conclusion of a Sales Agreement, constituting an offer to conclude a Sales Agreement, specifying in particular the type and quantity of Products;
Product - electronic services and products (digital content) available in the Store;
Related Platforms - NFT sales platforms: https://opensea.io/ and https://looksrare.org/ with which the Seller has concluded an appropriate agreement;
Regulations - these regulations, available at https://nftping.xyz/terms.html;
Sales Agreement - a sales agreement for Products concluded between the Seller and the Customer using the Store;
Seller – WMEDIA Spółka z ograniczoną odpowiedzialnością, ul. Mehoffera 29 /U2, 03-131 Warszawa, NIP: 5242929883, REGON: 520608466, e-mail: news@wminute.pl, making sales through the Store.
Smart Contract - a computer program created in the Solidity programming language and stored in the Blockchain, enabling Mint and trading of NFT tokens;
Store - an Internet service available at https://nftping.xyz/ and its subpages, through which the Customer places Orders for the purchase of Products;
Transaction - any made on the Ethereum network and recorded in the Blockchain, a legal action based on the Smart Contract, resulting in the transfer of ownership of the NFT Ping Token to the buyer in exchange for ETH;
User - any owner of at least one NFT Ping token, who is a customer of the NFT Ping Portal and has accepted the Terms and Conditions. Meeting the requirements specified in the preceding sentence is equivalent to becoming a member of the NFT Ping community.
Wallet - cryptographic hardware or software that interacts with blockchain and allows its owner to store and sell NFTs.
Whitelist - the list of persons who are considered by the Administrator to be entitled to mint NFT Ping Token during the time allocated to this group. They are not guaranteed an NFT mint;
Materials used to present Products, such as photos, descriptions, and others, are part of the Store, owned by the Seller or the relevant rights holders, and are protected by copyright. Their use for commercial purposes or presentation in any media without the Seller's written consent is prohibited.
To place an Order on the Store's website, the Customer must select the Products by taking further technical actions based on the messages and information displayed to the Customer.
To purchase Products, the Customer adds them to the so-called shopping cart. The Customer can view the contents of the shopping cart at any time, add or remove Products, and proceed directly to the Order placement process.
When purchasing a Newsletter, the Customer, during the Order placement process, registers in the Customer panel to manage the subscription.
Orders for Products are accepted exclusively electronically by placing an Order using the Store or by sending an email to news@wminute.pl.
The necessary condition for placing an Order is to correctly fill out the Order form. An Order with an incorrectly filled out form may not be processed.
When filling out the form, the Customer is obliged to provide personal data: first and last name, email address, and the company's tax identification number and address data (if a VAT invoice is needed).
The provided email address may only be used for contact during the Order fulfillment process unless the Customer agrees to contact for other purposes (e.g. a free newsletter) by ticking the appropriate checkbox.
Before accepting the Order, the Buyer will be informed of:
the main features of the Product,
the total price or remuneration for the Product, including taxes,
the possibility of withdrawing from the contract.
The Customer expresses the will to conclude a Sales Agreement by clicking the "order with an obligation to pay" button or an equivalent.
Placing an order is not equivalent to concluding a Sales Agreement but constitutes an offer to conclude such an agreement.
The Sales Agreement is concluded at the moment of accepting the Order for processing and payment of the price, of which the Customer is informed by an email confirming the purchase.
All prices of the Products are given in US Dollars and include VAT. The Seller reserves the right to change the prices displayed in the Store, to carry out and cancel promotional campaigns on the Store's pages, and to use unique promotional codes available outside the Store. The price given for each Product is binding at the time of placing the Order.
A proof of purchase is attached to each purchase made by the Customer: a receipt or a VAT invoice sent electronically. Upon the Customer's request, the proof of purchase will be delivered in paper form.
The Customer can pay for the Product in the following ways: payment by card through Stripe, BLIK, and payment by Przelewy24 (Stripe).
The Newsletter service is commenced upon positive verification of payment and is confirmed by an e-mail message.
The Newsletter service is provided as a renewable subscription or as a one-time payment (no automatic renewable payment after the end of the billing period).
If you choose subscription, providing your payment card information when placing an Order for the Newsletter sets this payment as the default and will be used in payments for subsequent annual billing periods.
Information about the amount and date of payment for the next billing period is available in the Customer panel. If the Customer does not accept the terms and conditions for continued use of the Newsletter service, he/she should cancel using the "cancel subscription" or equivalent button located there.
During the billing period, the Customer may change the Newsletter variant and change the payment card details.
The Customer is not entitled to a refund for cancelling the subscription. The Customer retains access to the Newsletter until the end of the paid period.
The Seller strives to maintain access to the Newsletter throughout the subscription period, but reserves the right to decide to discontinue the maintenance of the Newsletter, of which it shall notify the Customer at least 90 days in advance of the planned date of discontinuation of the Newsletter.
In the event of discontinuation of the Newsletter mailing, the Customer may claim a refund of part of the price in proportion to the remaining time of the purchased subscription in relation to the subscription period.
In case of subscription for an indefinite period (lifetime), the Seller undertakes to ensure the operation of the service for a minimum of 3 years. In the event of termination of Newsletter maintenance during the first 3 years, the Seller will refund the price to the Customer in proportion to the remaining time of the purchased Subscription assuming its duration for 3 years.
Customer support beyond mere access to the Newsletter (e.g., participation in groups on social networks) may or may not be maintained by the Seller as part of the Subscription.
The Seller undertakes to give one month's notice through the Store and in the Customer panel.
After the date indicated by the Seller, in accordance with paragraph 1 above, the purchase of the Newsletter or renewal of its subscription for the next billing period will be available only to those who own at least 1 NFT from the Collection.
Each Customer with an active subscription to the Newsletter, will be given the opportunity to mint 1 (one) NFT from the Collection free of charge within the period specified by the Seller.
Subject to paragraph 5 below, a Customer who does not take the opportunity to mint within the period specified by the Seller will lose access to the Newsletter at the end of the applicable subscription period.
In the case referred to in paragraph 4 above, the Seller allows the possibility of sending 1 (one) NFT from the Collection to the Customer on a date individually agreed upon, subject to payment of a one-time fee of PLN 100 gross. In order to take advantage of the opportunity indicated in the preceding sentence, please contact the Seller at e-mail address: news@wminute.pl.
Subject to the conditions set forth in paragraphs 7 - 10 below, the Customer will be able to sell its NFTs from the Collection at any time, to any person and for any price. The sale is made using a smart contract on the Ethereum network in exchange for a consideration expressed in ETH.
A customer who sells NFTs from the Collection will lose access to the Newsletter. The effect specified in the preceding sentence, occurs when this NFT is saved in the purchaser's Portfolio.
In order to sell NFTs from the Collection, the Customer will be able to use the Related Platform, as well as other available platforms that allow the sale of NFTs on the Ethereum network. The transaction shall be carried out entirely in accordance with the rules set forth in the terms and conditions of the sales platform selected by the Customer.
The Seller shall enable each holder of NFTs from the Collection to acquire and use the Newsletter service, against payment and under the terms and conditions specified in the Terms and Conditions.
Based on the agreement concluded by the Seller with the Related Platform, the Seller will receive a commission of up to 10% of the price on each sale of NFTs from the Collection made through the Related Platform. The current amount of the commission can be checked through the Related Platform.
1. Membership in the NFT Ping community allows:
limited access to the NFT Ping Portal and Materials,
full access to the NFT Ping Portal and Materials when the member has an NFT Ping Token with a paid subscription,
access to the closed server of the NFT Ping community in the Discord application,
use of benefits offered by the Administrator, under the terms of separate regulations.
Membership in the NFT Ping community is limited to a maximum of 5000 (five thousand) Users. The Administrator is entitled to increase the limit of community members at any time, at his discretion, by amending the content of the Rules.
Only Users shall have the ability to exercise the rights set forth in paragraph 1 above.
The granting of access to the NFT Ping Portal and the Discord server of the NFT Ping community occurs automatically after connecting the Wallet in which the NFT Ping Token is stored.
The method of use of the subscription linked to the NFT Ping Token, will be indicated to the User by the Administrator through the Discord server of the NFT Ping community.
The provider of the closed Discord server for the NFT Ping community is Discord Inc., 444 De Haro Street #200, San Francisco, CA 94107.The User's use of the Discord server is subject to the terms and conditions of the application provider, available at: https://discord.com/terms, https://discord.com/privacy.
The Administrator shall be entitled to monitor and moderate materials and content submitted, stored or shared by Users within the Discord server of the NFT Ping community.
After the NFT mint for customers with paid subscriptions, there will be an NFT sale in the form of a paid mint.
The start date of the NFT Ping Sale will be announced by the Administrator via the Discord server and Twitter of the NFT Ping community.
The opportunity to mint NFT will be given to those who are previously on the Whitelist or Allowlist. If the total number of NFTs (5,000) is not minted by them within a certain period of time, any person will be able to mint NFTs.
In order to Mint NFT Ping Token, the consumer must have an ETH Wallet with enough ETH to cover the minting price set by the administrator and the gas required for Mint NFT Ping on the Ethereum network. The gas fee is paid in full to the Ethereum network at the rate current on the date of the Mint. The administrator has no influence and is not responsible for the amount of the gas fee payable to the Ethereum network.
The condition for a consumer to join the NFT Ping community is acceptance of the Terms of Service and Mint 1 (one) NFT Ping, which is recorded in the consumer's Wallet.
Acquisition of membership in the NFT Ping community by the consumer takes place when the NFT Ping is saved in the consumer's Wallet.
The consumer's joining of the NFT Ping community causes that the paid newsletter subscription held by the consumer, as of the moment referred to in paragraph 5 above, is irreversibly linked to the NFT Ping Token saved in the consumer's Wallet in such a way that it will not be possible to transfer ownership of the NFT Ping Token without transferring the linked paid newsletter subscription to the purchaser. This means that in the event of sale of the NFT Ping Token, the User loses both membership in the NFT Ping community and the status of NFT Ping Portal Customer. Acceptance of the Terms of Service is tantamount to the consumer's consent to the effect specified in the preceding sentence.
Joining the NFT Ping community by holding a NFT Ping Token does not require payment of a subscription fee. However, a user wishing to receive newsletters and make full use of the NFT Ping platform must pay a subscription fee.
Subject to the terms of this paragraph, the User may sell the NFT Ping Token at any time, to any person and for any price. The transaction shall take place using a Smart Contract on the Ethereum network in exchange for a consideration expressed in ETH.
A user who has sold an NFT Ping Token loses membership in the NFT Ping community and the resulting rights referred to in § 8.1 of the Regulations, as well as the status of NFT Ping Portal Customer. The effect specified in the preceding sentence, occurs when the NFT Ping Token is saved in the purchaser's Wallet.
In order to complete the Transaction, the User may use the Related Platform, as well as other available platforms that allow the sale of NFT on the Ethereum network.
The Transaction shall be executed entirely in accordance with the rules set forth in the terms of service of the sales platform selected by the User.
Subject to the provisions of paragraphs 7, 8 and 9 below, the Administrator is not a party to the Transaction, has no influence on its execution and content, and is not responsible for its consequences.
The Administrator respects the result of the Transaction in the form of transfer of ownership of the NFT Ping Token to another person. The Administrator allows each owner of the NFT Ping Token to join the NFT Ping community under the terms and conditions set forth in the Terms of Service.
Based on the agreement concluded by the Administrator with the Related Platform, on each Transaction of NFT Ping Token completed through the Related Platform, the Administrator will receive a commission of up to 10% of the Transaction price. The current amount of the commission can be checked through the Related Platform. The commission due to the Administrator shall be collected and transferred to the Administrator's Wallet automatically upon execution of the Transaction via the Related Platform, thus reducing the number of ETH received by the seller for the sale price of the NFT Ping Token.
The Administrator reserves the right to restrict the rights referred to in § 8.1 of the Regulations in the event of non-payment of the commission during the purchase of the NFT Ping Token through Related Platforms, as well as other available platforms that allow the sale of NFTs on the Ethereum network.
Prior to the execution of the Transaction, the User is obliged to inform the purchaser of the NFT Ping Token about the content of the Terms of Service and the necessity of its acceptance in order to join the NFT Ping community.
The Administrator is entitled to economic copyright, including subsidiary rights, to all Digital Files included in the Collection. The Administrator shall be solely entitled to grant all consents, permissions, authorizations, including licenses to use the Digital Files.
Acquisition of an NFT Ping Token by a User, as a result of a Mint or a Transaction, does not transfer to the User the property rights of copyright, the right to exercise and authorize the exercise of derivative rights, nor does it authorize the User to exercise moral rights in the associated NFT Ping Token Digital File.
The Administrator grants each owner of the NFT Ping Token a non-exclusive, free of charge and territorially unlimited license to use the associated NFT Ping Token Digital File, excluding commercial (for-profit) use, in the following fields of exploitation:
in terms of recording and reproduction of the Digital File - production by a specific technique of copies of the Digital File, including printing, reprography, magnetic recording and digital technique;
with respect to circulation of the original or copies on which the Digital File has been fixed - marketing, lending or leasing of the original or copies;
within the scope of distribution of the work in a manner other than specified in item b - public performance, exhibition, display, reproduction, as well as broadcasting and re-broadcasting, as well as making the work available to the public in such a way that everyone can have access to it at a place and time of their own choosing.
Upon each transfer of ownership of an NFT Ping Token as a result of a Transaction, the license granted shall expire with respect to its transferor and shall arise in favor of the transferee.
The scope of services provided by the Administrator is limited to enabling the minting of the NFT Ping Token, providing the NFT Ping community with a closed, back-moderated Discord server by the Administrator, respecting the fact that ownership of the NFT Ping Token has passed, and verifying the eligibility of Users and granting them access to the services covered by the Terms of Service.
The Administrator shall be entitled to update, change or remove the Materials made available to members of the NFT Ping community and any other elements located on https://nftping.xyz/ at any time, without giving any reason.
Any Materials made available by the Administrator to members of the NFT Ping community are for informational purposes only. They do not constitute an offer, recommendation or invitation to invest in alternative markets. The Administrator does not act as an intermediary in NFT Transactions or provide advisory services.
Membership in the NFT Ping community is voluntary. The User may terminate the Terms of Service at any time. However, the User is aware that in the event of an NFT Ping Token Transaction, the public key of the User's Wallet becomes irreversibly and publicly visible on the Ethereum network through an entry in the Blockchain.
The terms of use of the User Wallet shall be determined solely by its provider. The Administrator is not responsible for the User's Wallet and the values stored in it.
In addition to the rights specified in the Terms of Service related to the ownership of the NFT Ping Token, the Administrator does not guarantee the User any other results. The User independently decides how to use the NFT Ping Token, including making Transactions.
When making Transactions of the NFT Ping Token, the User acts solely at his own risk and is aware of the risk of unpredictable change or total loss of value of the NFT Ping Token. The User is aware that Transactions on the Blockchain network are irreversible also in case of improper execution through the fault of the User or for reasons beyond his control.
The Ethereum Network or the sales portals supporting it, including Related Portals, are not under any control or influence of the Administrator and the Administrator does not guarantee their correct operation.
The User shall be solely responsible for any possible public law debts related to the Transaction, which may arise from generally applicable laws. When making a Transaction, the User is obliged to investigate whether the planned Transaction is not qualified as a banking, supervised or otherwise legally regulated activity.
The User acknowledges that there are currently no regulations that apply to Blockchain technology or tokens (including NFT), and that any new regulations or guidelines may materially affect the ability and scope of use of https://nftping.xyz/ and the NFT Ping Token.
You are aware that the existence of the NFT Ping community and the willingness of its members to make Transactions may affect the value of the NFT Ping Token. The Administrator does not guarantee the continued existence of the NFT Ping community and is not responsible for the reduction or complete loss of the value of the NFT Ping Token in cases of termination of https://nftping.xyz/ or the existence of the NFT Ping community.
The Customer may withdraw from the Product Sales Agreement without giving any reason within 30 days from the date of its conclusion. To meet this deadline it is sufficient to send a statement of withdrawal to the e-mail address: news@wminute.pl. In case of withdrawal from the Sales Agreement, the contract is considered not concluded.
The Seller guarantees the return of the price and costs paid by the Customer.
Any refunds will be paid by the Seller no later than 14 days after receipt of the statement of withdrawal from the contract, using the same method of payment used by the Customer, unless the Customer has agreed to a different method of refund. The refund is not associated with additional costs.
With regard to certain Products, the right of withdrawal from the Sales Contract may be excluded. Information about the exclusion of the right of withdrawal is provided in the description of the Product and after adding it to the shopping cart. Then, placing an Order by the Customer, is possible after confirming that he/she has read the information about the exclusion of the right of withdrawal, and the moment when the Seller begins to perform the service depends on whether the Customer has made a request for its immediate execution. For this purpose, it is necessary to uncheck the appropriate checkboxes.
The Seller provides the Customer with an electronic service consisting of enabling the conclusion of a Sales Agreement for Products and the use of Products.
Access to the functionality of the Store is free of charge. Acquisition of Products available in the Store takes place for a fee.
To place an Order, as well as to use the Newsletter service, it is necessary:
a. having an active e-mail account (for making purchases in the Store and receiving the Newsletter),
b. Internet browser taking into account current updates, with JavaScript enabled, cookies enabled in the browser,
c. Internet access,
d. installation of applications that allow you to read PDF files, ability to play video content.
e. possession of a Wallet (applies after the date of linking the Newsletter to NFT).
The Customer has the right to make a complaint about the functioning of the Store by sending an email to news@wminute.pl. A response to the complaint will be sent within 14 days of its receipt to the address indicated in the complaint.
The administrator of personal data is wMedia spółka z ograniczoną odpowiedzialnością with its registered office in Warszawa.
Personal data is collected and processed for the purpose of executing the Sales Agreement and providing access to the Products.
Detailed rules for the processing of personal data and the use of cookies are described in the Privacy Policy.
For the avoidance of doubt, it is stated that none of the provisions of these Regulations restricts the rights of the Consumer, which he is entitled to under the provisions of the law in force on the territory of the Republic of Poland. In the event of the existence of a provision of this nature, the relevant provisions of the law, in particular the Civil Code and the Consumer Rights Act, shall apply.
The Seller indicates that all Products available in the Store are protected by copyright. Further distribution of the Products without the consent of their creator constitutes a violation of copyright and may result in civil and criminal liability.
Settlement of any disputes arising between the Seller and the Customer, who is a consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure, with the Seller allowing mediation proceedings. The Consumer is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection or to the provincial inspector of the Trade Inspection, and may also obtain free assistance in resolving a dispute between the Customer who is a consumer and the Seller, using the free assistance of the district (city) consumer ombudsman.
The consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and businesses seeking out-of-court settlement of disputes regarding contractual obligations arising from an online sales contract or service contract.
Settlement of any disputes arising between the Seller and a Customer who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Store.
The Seller reserves the right to amend the Terms and Conditions. Any changes to the Terms and Conditions shall come into force on the date indicated by the Store. Orders placed before the effective date of changes to the Regulations, are carried out on the basis of the provisions in force on the date of placing the Order.
The Regulations are effective as of 08.03.2023.
