TERMS
PREAMBLE
The BarksNFT is a collection of 9483 unique digital collectible characters represented by non-fungible tokens (“BarksNFT NFT’s”) minted by a smart contract deployed to the Ethereum blockchain at address 0x…………… (the “BarksNFT Smart Contract”).
The BarksNFT Smart Contract associates each BarksNFT NFT with a piece of digital art displaying one of the BarksNFT characters (“BarksNFT Art”,”Art”).
Users are entirely responsible for the safety and management of their own private Ethereum wallets and validating all transactions and contracts. Furthermore, as the BarksNFT smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions. In no way shall we be responsible for any losses, wrong transactions, gas fees, unapproved transactions, website lags, delayed or uncompleted transactions done by any kind of errors resulting from the network or its users.
The BarksNFT smart contract, the BarksNFT collection and everything connected with it are provided “as is” and “as available” without warranty of any kind. By using it, you are accepting sole responsibility for any and all transactions involving the BarksNFT digital collectibles.
These terms (“Terms”) are a legally binding agreement by and between BarksNFTCreator(“we”,”us”) and any owner of BarksNFT NFT(“you”,“owner” or “user”) governing the parties’ rights and obligations with respect to BarksNFT NFT and BarksNFT Art.
You confirm to be bound by the terms and rules stated herein including the rules and terms. You agree that you have read these Terms and Conditions including our risk disclosure statement and other policy posted on or through our website and you agree that you will not break any terms or rules stated in any of our policies.
ELIGIBILITY
Users who are at least 18 years old are eligible to purchase our NFT(s). If you are under 18 years old, you may only use the Services under the supervision and with the consent of a legal guardian.
We reserve the right to deny access to any person who has been previously suspended from using our Services or has engaged in illegal activities involving blockchain technologies, subject to applicable law.
DEFINITIONS AND EXPLANATIONS
On our website the following terms shall have the following meaning:
“Applicable Laws” means all laws and regulations applicable to finance-related matters.
“Asset” Or “Digital Asset” means the NFTs created by BarksNFTCreator.
“Blockchain” - unless otherwise mentioned shall mean the Ethereum network.
“EULA” means End User License Agreement.
“NFT” - unless explained otherwise NFT shall only mean the BarksNFT NFT’s.
“Platform” means the website related to BarksNFT project.
“BarksNFT project” includes the digital artwork, smart contracts, website, branding, and all associated content, experiences, and services provided under the “BarksNFT” name.
“Service” means the service attainable through our website in any perceivable form.
“Smart Contracts” are the programs that run on the blockchain after certain conditions are met.“User” or “Owner” includes buyers, users, collectors, consumers, clients, customers, and visitors.
END-USER LICENSE AGREEMENT (“EULA”)
For the purpose of our NFTs and digital goods including our non-fungible digital assets, this agreement shall be constituted as an End User License Agreement. These terms of this agreement shall apply to you as a user, assets holder or collector, or anyone who has purchased our NFT(s) in any way. These terms also shall apply to all other content and products available at or through our website. All the terms on this website such as “we”, “us” or “our” refer to BarksNFTCreator and to the creator and copyright holder of this website. The information is available on this website to you (“user”, “buyer”) through these Terms and Conditions and conditioned on your acceptance of the terms, the policies, and everything else posted here. By visiting our website, buying any of our assets, you are bound by the terms and rules of the website. Read these terms carefully.
OWNERSHIP, COPYRIGHTS AND INTELLECTUAL PROPERTY RIGHTS
When you own a digital wallet that holds a BarksNFT NFT, as recorded by the BarksNFT Smart Contract, you hold the exclusive right to hold, sell, transfer, and execute blockchain transactions involving that BarksNFT NFT (“Your BarksNFT NFT”). Except for the BarksNFT NFT(s) we own, we have no right or ability to seize, freeze, or otherwise modify the ownership of any BarksNFT NFT.
As an owner of BarksNFT NFT(s), you hereby acknowledge, affirm and confirm that you are solely responsible for your conduct while participating in the purchase or sale of all NFT(s) or any other digital assets. You further acknowledge that you are responsible for minting any NFT(s) and any liability that may be resulting from that particular NFT(s). It would be your responsibility to deal with the ownership of NFT(s), smart contracts and any derivations including audio, videos, domains, articles, content or any other form of media where your NFT(s) get featured.
Subject to the Terms and Conditions stated in this document all owners of BarksNFT NFT(s) are granted the licenses displayed in the paragraph below.
We retain all copyright and intellectual property rights in the Art, except where explicitly transferred.
Also, all copyright and other rights in and to the source code, design, logos, commercial ownership rights, applications for mobiles or web, programs, databases content files, and all written, audio, video and visual works shall be and remain the sole and exclusive property of BarksNFTCreator. Unless otherwise authorized no one can publish, copy, modify, display or sell any intellectual property related to BarksNFT project.
You agree not to use the Art in a way that damages our reputation or violates applicable laws.
LICENSE GRANT
Subject to your continued compliance with these Terms, and for as long as you lawfully own a BarksNFT NFT, we grant you the following limited rights with respect to the underlying digital artwork (“Art”) associated with your NFT:
1. Personal Use License.
You are granted a worldwide, non-exclusive, royalty-free licence to:
-Use, copy, and display the Art for your own personal, non-commercial purposes;
-Display the Art as part of a resale listing on marketplaces that verify ownership;
-Use the Art in virtual environments, wallets, galleries, and social media profiles, provided it does not violate these Terms
2. Commercial Use Licence.
You are granted a limited, non-exclusive, worldwide license to use the Art for commercial purposes(e.g., merchandise), including to create and sell derivative works, under the following conditions:
-the License does not grant you rights in any individual element of Your BarksNFT Art, or a license to exploit any individual element separate and apart from Your BarksNFT Art;
-You may not use the Art in a way that is hateful, defamatory, obscene, or otherwise unlawful;
-You must retain full ownership of the NFT during any commercial exploitation;
-You may not use the Project’s trademarks, logos, or brand elements with our prior written consent;
-We reserve the right to revoke the commercial license if it damages our reputation, violates law, or breaches these Terms.
3. Licence Back to BarksNFTCreator.
You grant to BarksNFTCreator an irrevocable, perpetual, non-exclusive, universe-wide, royalty-free, sublicensable license to publicly display and otherwise use your BarksNFT Art alongside other BarksNFT Art for the purpose of promoting or exhibiting the entire BarksNFT collection.
4) Restrictions
You may not:
-Modify the original Art in a misleading way that implies false authorship;
-Sell or commercialize the Art separately from the NFT;
-Use the Art in a way that could mislead others into thinking it is an official product of BarksNFT or that your use is endorsed by us.
-Use your BarksNFT Art in a manner that violates applicable law
5. Termination of Licence
The licenses granted above are automatically and immediately terminated if:
-You no longer own the NFT(e.g., transfer or sale);
-You breach any of the Terms herein;
-We revoke the licence pursuant to abuse, fraud, or unlawful use.
6) ***Reservation of Rights***
All rights in and to the Art and underlying intellectual property not expressly granted herein are reserved by BarksNFT project and the original creators(s).
Nothing in this License shall constitute a transfer of copyright or moral rights in the Art.
Please note that you can showcase and display your merchandise, Art and NFTs at any marketplace that can verify the rights of either the original owner or original copyright holder under which such owners or copyright holders can display their respective NFT collections. Please note that the licenses for personal and commercial use are also for any third-party websites and applications that allow BarksNFT integration to display the NFT(s) provided that all transactions are verifiable through crypto-based smart contracts.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, the Platform and all NFTs, content, and services are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that the services will be uninterrupted, error-free, or free from harmful components.
You expressly understand and agree that, to the fullest extent permitted by law, BarksNFT and its affiliates, officers, employees, agents, or licensors shall not be liable to you or any third party for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, use, data, other than other intangible losses resulting from:
-the use or inability to use the platform
-unauthorized access to or alteration of your transmissions or data;
-statements or conduct of any third party on the Platform;
-or any other matter related to the Platform or NFTs.
We shall not be liable for any damages resulting from smart contract failures, blockchain malfunctions, user error(including forgotten passwords or misdirected transactions), or any third-party activities, including phishing attacks, viruses, or other unauthorized access to user information or wallets.
Exceptions:
Nothing in these Terms shall exclude or limit our liability for:
-death or personal injury resulting from our negligence;
-fraud or fraudulent misrepresentation;
-any other liability that cannot be excluded or limited under applicable law.
If you are a consumer residing in the European Union, this limitation shall not affect your statutory rights under applicable consumer protection laws.
TAXES
You are solely responsible for determining what, if any, taxes apply to your NFT-related transactions and for reporting and remitting such taxes to the appropriate authorities. We do not provide tax advice and recommend consulting a tax professional.
REFUNDS AND CANCELLATIONS
Since the purchase of NFT(s) is based on smart contract being conducted on blockchain for which there are no reversals, henceforth there are no refunds granted. Certain jurisdictions and regulations have user and consumer rights under which the refunds of goods or services are mandatory. Please note that our refund policy does not prevent, exclude or take away users' rights as a consumer under their jurisdiction's respective regulations. All users hereby acknowledge that our liability for the sales or purchase provided to an entity defined as a consumer under the regulations is governed solely by the regulations and these terms. Subject to your rights as a consumer, we exclude all express and implied warranties, and all material, work and services are provided to the users without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
USERS ACKNOWLEDGEMENTS
By using any or all of our services you acknowledge and accept:
-NFTs and cryptocurrencies are volatile and speculative;
-You are solely responsible for your transactions and security practices;
-We are not liable for any loss of access due to lost private keys, wallet mismanagement or any other reason;
-You can withstand the loss of profits, deposits, and purchases and we are in no way responsible for your actions;
-You understand that the loss of your deposit might mean that you may never gain your money again and we will not be liable for that;
-It will be up to you to discern any or all risks on your own related to financial markets.
You affirm, confirm and acknowledge that you will be responsible for all laws and regulations related to the transactions you are going to be making related to blockchain and cryptocurrency and you will not otherwise be subject to any restriction prohibiting access to crypto markets and imposed by the laws and regulations of your jurisdiction.
PURCHASE DISCLAIMER
There is no assurance or guarantee in crypto markets and blockchain assets therefore there is no guarantee that goals for any profits you might have planned will be achieved. As with any money market, crypto markets depend on various factors, variables, currency, economic, political, and business risks, and situations and therefore should be considered highly risky and volatile. We do not make any promises that your purchases will be profitable at all and there is no assurance or guarantee of any kind that any returns will be achieved. The past performance of any of the crypto data does not indicate the future performance of the same token or digital asset. Therefore, the owner(s), CEO, and associates of BarksNFTCreator will not be responsible or liable for any loss or shortfall resulting from the operation of any blockchain related to our NFT collection.
UNFORESEEN EVENTS AND FORCE MAJEURE
Any act or situation which is beyond our control is known as a “Force Majeure Event”. In such a circumstance, we are not liable for any failure to perform or delay in the performance of our obligations under our general terms. Any act, event, non-happening, omission, or accident beyond our control includes (but is not limited to):
Strikes, lock-outs, or other industrial actions that may cause network disruptions.
Civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters.
Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
Interruption or failure of utility service (including the inability to use public or private telecommunications networks).
Failure of any workforce availability due to any reason.
The acts, decrees, legislation, regulations, or restrictions of any government.
We will use our reasonable endeavors to bring any Force Majeure Event to a close or to find a solution by which our obligations under the general terms or any related contract between us may be performed despite the Force Majeure Event.
SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
CHANGES TO THE TERMS AND CONDITIONS
These terms, rules, and conditions, can be changed at any time or we may at our sole discretion modify or replace any statement of these terms. If you continue to use or access this website and /or be in a possesion of purchased NFT(s) after the changes, updates or modifications then it shall be considered your consent to those changes, updates or modifications. Therefore, make sure to check our documents periodically for the updates and changes herein.
