Terms of Sale for Blockchain BadlandsPlease read these Terms of Sale for a user (“You” or “Your” or “User”) as it contains important information about Your legal rights, remedies and obligations. By accessing or using the website https://blockchainbadlands.com/(“Website or “platform”), You agree to comply with and be bound by these terms (the “Agreement”). The Website contains a collection of digital artworks (NFTs as defined hereinafter) running on the Ethereum network. This Website is only an interface allowing participants to exchange digital collectibles. If any provision of these Terms of Service or any future changes are unacceptable to you, do not use or continue to use the Website and do not link your Ethereum Wallets to our platform. Your continued use of the Website following the posting of any notice of any change to these Terms of Service shall constitute your acceptance and agreement to such change.
“Art” means any art, design, and drawings that may be associated with an NFT that you Own.
“NFT” means any blockchain-tracked, non-fungible token, such as those conforming to the ERC-721 or ERC-1155 standard.
“NFT Owner” means a User that has purchased an NFT created by Blockchain Badlands.
“Own” means, with respect to an NFT, an NFT that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain.
“Purchased NFT” means an NFT that you Own.
“Qualifying Transaction” means a transaction made by a NFT Owner to sell their Purchased NFT on a consumer-to-consumer basis (C2C) or on any secondary marketplace, where proof of such purchase is recorded on the relevant blockchain.
“Royalty” means the amount payable by the NFT Owner to Blockchain Badlands on each Qualifying Transaction.
By accessing the Website, linking your Ethereum wallets and/or purchasing an NFT from Blockchain Badlands, you agree to be bound by the following:2.1 You must be of legal age in your jurisdiction to access the website and purchase an NFT.2.2 You warrant that the purchase of any NFT from the Website will not amount to:
breach of any agreements with any third parties,
breach of any agreements with banks or financial institutions, or any other form of agreement,
breach of any applicable laws of your jurisdiction,
an infringement, misappropriation or violation of a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
2.3 You represent and warrant that you understand the cryptocurrencies and NFT market, along with associated risks, expenses, and fees. To initiate certain transactions on the Website, a User must voluntarily invoke one or more smart contract operations from an Ethereum Wallet. All such transactions on the Website, including sale or purchases of NFTs are initiated though one or more smart contracts at the sole discretion and at the complete risk of the Users. The smart contracts are configured to facilitate the execution of a sale or transfer an NFT. The User acknowledges the risk of smart contracts and agrees to be bound by the outcome of any smart contract operation by invoking, calling, requesting, or otherwise engaging with the smart contract, whether or not the smart contract behaves as per the User’s expectations. You acknowledge and agree that there are risks associated with purchasing and holding NFTs and using blockchain technology. These including, but are not limited to, risk of losing access to NFT due to loss of private key(s), custodial error or purchaser error, risk of mining or blockchain attacks, risk of hacking and security weaknesses, risk of unfavourable regulatory intervention in one or more jurisdictions, risks related to token taxation, risk of personal information disclosure, risk of uninsured losses, unanticipated risks, and volatility risks.2.4 You understand that the NFT(s) will be purchased with Ethereum and that Blockchain Badlands has no control over gas fees collected by Ethereum miners. You also understand that Blockchain Badlands does not have the ability to reverse Ethereum transactions.2.5 You are entirely responsible for the safety and management of your own private Ethereum wallets and validating all transactions and contracts generated by this website before approval. Furthermore, as the smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.
OWNERSHIP & ROYALTY
3.1 Your ownership of any Purchased NFT issued by Blockchain Badlands is governed by a smart contract on the Ethereum Network, which cannot be reversed or modified in any way whatsoever.
DISCLAIMER OF LIABILITY
You hereby release and forever discharge Blockchain Badlands, its members, managers, subsidiaries, affiliates, licensors, partners in promotions or other business, or any of such parties respective agents, employees, officers, directors, managers, members, vendors, third party licensors, corporate partners, participants successors and assigns (collectively the “Company Parties”) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website (including any interactions with, or act or omission of, other Users of the Website or any third party links, advertisements or other content). YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WESBITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. BLOCKCHAIN BADLANDS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT PROVIDED THROUGH THE WEBSITE OR THIRD-PARTY CONTENT LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. BLOCKCHAIN BADLANDS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEBSITE OR ANY HYPERLINK OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND BLOCKCHAIN BADLANDS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRDPARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WITHOUT LIMITING THE FOREGOING, NEITHER BLOCKCHAIN BADLANDS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE. NEITHER BLOCKCHAIN BADLANDS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER BLOCKCHAIN BADLANDS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE BLOCKCHAIN BADLANDS IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. YOU ACKNOWLEDGE AND AGREE THAT BLOCKCHAIN BADLANDS IS ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD COMPANY PARTIES LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY BLOCKCHAIN BADLANDS OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY COMPANY PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).Certain transactions on the Website, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations through the Website utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky. Users acknowledge and agree that the NFTs may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain (i.e., “forks”), which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or NFTs, or lost opportunities to buy or sell NFTs. We assume no liability or responsibility for any such smart contract or related failures, risks, or uncertainties.