Terms and conditions for minting and possession of a PHOTOPIA NFT
All non-fungible tokens ("NFT") minted or to be minted on this platform, as well as the associated and underlying digital artwork, are subject to the following terms and conditions.
1. Website as an interface
This website serves as an interface for the user to complete the purchase of a PHOTOPIA NFT and interact with the associated smart contract. It does not reside on the Blockchain and allows secondary purchasers of a PHOTOPIA NFT to access the terms described herein. By using this website and conducting a transaction to purchase on the secondary market or by owning a PHOTOPIA NFT, users agree to be bound by the terms and conditions described herein.
2. Assumption of Risk
2.1 Minting process and liability of HMC
Users can complete the minting process through this website by connecting the crypto wallet and performing and confirming the transactions specified in the wallet. You accept and acknowledge that HMC are not responsible for validating and confirming transactions or contracts through its own Wallet, but that this is done at the Users' own discretion and under their own control.
It is expressly noted that HMC is not liable for the functioning of the Blockchain. Thus, it may happen that transactions get "stuck" on the Blockchain and cannot be completed, while the underlying transaction fees ("Gas Fees") still apply and may be irrevocably lost, even in case of an aborted transaction. HMC does not assume any liability in such a case.
2.2 Risks regarding the use of Software, Blockchain and Smart Contract.
HMC cannot guarantee that the Code will function as intended and lead to the expected results. In particular, HMC has no control over the underlying infrastructure and the performance and functionality of the Ethereum main network, and cannot reverse, invert or restore any transaction. User assumes responsibility for all risks associated with interacting with smart contracts accessible through this website or any other software or service related to minting and connecting to User's Wallet.
2.3 Price fluctuations and legal uncertainty
Price fluctuations may occur with NFTs. Given these fluctuations, PHOTOPIA NFTs should not be considered as an investment. The information on this website does not constitute an offer of securities in any jurisdiction, nor is it intended as an offer or solicitation to purchase any stock, security or other financial product. The PHOTOPIA-NFTs are purely art projects that may or may not have an added value. It is the sole responsibility of the user to ensure that the minting of a PHOTOPIA NFT and the artwork complies with the laws and regulations of the user's country.
NFTs, cryptocurrencies, and blockchain technology are relatively new. The regulatory environment is still largely unsettled. New regulations, court decisions, or laws could negatively impact PHOTOPIA NFTs and consequently affect their value. Users confirm that they acknowledge and accept this risk. In this respect, they release HMC from any liability.
2.4 Fees and Payment
When a PHOTOPIA-NFT is purchased through this website, all financial transactions, are processed exclusively through the Ethereum network. HMC has no visibility into or control over these payments or transactions and shall not be liable to the User or any third party for any claims or damages arising from the transactions or other dealings that Users make through the Ethereum Network.
3. Rights in a PHOTOPIA NFT and in the Art
3.1 Ownership of a PHOTOPIA-NFT
By purchasing a PHOTOPIA-NFT, users acquire a record on the Ethereum blockchain linked to a website representing art ("Art") underlying the PHOTOPIA-NFT. The PHOTOPIA-NFTs that can be minted through our website are art projects and not investments. Rights with respect to the PHOTOPIA-NFTs are conveyed solely through the Smart Contract and the Ethereum Network: HMC cannot seize, freeze, or otherwise modify ownership of any PHOTOPIA NFT at any time.
3.2Rights with respect to the art and the NFTs; non-commercial license.
By purchasing a PHOTOPIA NFT, users own the NFT, not the intellectual property in the underlying art. The only rights relating to the intellectual property of the art are as follows:
Provided that Owners fully comply with these Terms, HMC grants them the worldwide, royalty-free, and non-exclusive right, granted by the Artists, to use, copy, display, and trade the applicable NFT for their own personal, non-commercial purposes in any media. The (re)sale of the respective NFT itself is also considered as non-commercial use. The sale of items printed with or related to the NFT, on the other hand, is a commercial use and thus not covered by the owners' right of use.
The Owners are not authorized to commercially exploit the Artwork in any way, including by sublicensing the Artwork or permitting others to use and display the Artwork.
The rights granted herein are limited to the time during which the User is the owner, and therefore the rights holder, of the applicable PHOTOPIA NFT. Users do not retain any of these rights in the event that they sell, relinquish possession of, or burn the PHOTOPIA NFTs. Thus, the rights are always linked to ownership.
HMC serves only as an intermediary and transfers to the owners of the NFT's the rights of use granted to them by the artists. The users / owners undertake to indemnify HMC on first demand from all claims concerning the granted rights and to bear the costs of a possibly necessary legal defense.
3.3 Future transfers of PHOTOPIA-NFTs
Owners acknowledge that their PHOTOPIA NFTs exist only by virtue of the ownership record on the Ethereum Blockchain. Any transfer of PHOTOPIA NFTs will occur within the Ethereum Blockchain and not through HMC's website. HMC will only broker the initial acquisition of PHOTOPIA NFTs. It is not involved in the further use of the PHOTOPIA NFTs.
A fee may be charged for the purchase of PHOTOPIA NFTs on the secondary market. The amount of the fee is indicated on the platform used by the User.
Users acknowledge that the license under Section 3.2 is granted only to the respective actual owner of the PHOTOPIA NFTs and that the previous owner(s) lose all rights upon transfer of the PHOTOPIA NFT. Owners agree not to re-mint, tokenize or create any other cryptographic token for the acquired NFT.
3.4 Logo of PHOTOPIA and HMC
The purchase of PHOTOPIA NFTs does not grant users the right to use the logo of HMC or PHOTOPIA Hamburg.
4. Permissibility and compliance with legal requirements
Users are solely responsible for the legality of their actions on or through this website. They warrant that they will comply with all rights and laws applicable in their country of residence and indemnify HMC against any claims that third parties may make in connection with the NFTs. They further represent that no restrictions apply to them as a person (age, criminal record, etc.) and that neither the company they represent nor the country in which they reside are on any embargo or sanctions list, and further that they do not engage in any illegal business with any such company or country.
This website and all related services and software, including third party websites and smart contracts, are provided "as is" and without warranty of any kind, either express or implied, including, but not limited to, the warranties of merchantability of PHOTOPIA-NFTs or art, fitness for a particular purpose, and non-infringement.
HMC and the creators of the PHOTOPIA-NFTs or the art thereon shall not be liable for any claims or damages, whether in contract, tort or otherwise, arising out of or in connection with this website, any services, the software or these terms and conditions.
These limitations do not apply in the event that the damage was caused by intentional conduct or gross negligence, or to injury to life, limb or health. In the event of a breach of cardinal obligations (obligations the fulfillment of which is essential for the performance of the contract and the observance of which the contractual partner may regularly rely on), the amount of liability shall be limited to the foreseeable damage typical for the contract.
6. Exclusions of liability
HMC does not warrant that access to the front-end interface will be continuous, uninterrupted, timely or secure, that the information contained in the interface will be accurate, reliable, complete or current, or that this website and the software behind it will be free of errors, defects, viruses or other harmful elements.
7. Fees and payment
If Users choose to purchase a PHOTOPIA NFT through this Website, all financial transactions made by Users will be conducted solely on the Ethereum network. HMC has no visibility into or control over these payments or transactions and shall not be liable to Users or any third party for any claims or damages arising from any transactions you conduct through the Ethereum Network.
8. Applicable Law
The Agreement shall be governed exclusively by German law. Place of performance for all claims arising from the contract is Hamburg (-Mitte). The place of jurisdiction for all disputes arising from the contractual relationship is Hamburg (-Mitte).