HASH && DOT Terms – Last Updated: 6/20/2023
BY PURCHASING HASH && DOT PIECES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL OF THE TERMS INCORPORATED HEREIN. THE TERMS OF THIS AGREEMENT SUPERSEDE AND TAKE PRECEDENCE OVER ANY OTHER TERMS OF SERVICE THAT MAY NOW OR IN THE FUTURE BE APPLICABLE BUT THAT CONFLICT WITH THIS AGREEMENT. If you do not agree to the terms of this Agreement, HASH && DOT is not for you and you may not purchase any piece of HASH && DOT.
By entering into this Agreement, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT PURCHASE HASH && DOT.
1. Definitions.
“Artwork” means the underlying original artwork that is associated with a HASH && DOT in which You acquire Licensed Rights. The Artwork may exist in any physical, digital or any other tangible or non-tangible form or format.
“Creator” means the person who generated the Ordinal and made it available to purchase in the first place, here the artist Christin Penz
“Third Party IP” means any third-party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
“Owner” means the current owner of the HASH && DOT ordinal. Before the first sale of the Ordinal, the Owner can solely be the Creator. When sold, the buyer becomes the sole Owner of the Purchased Ordinal. There can be several different owners of the Ordinal throughout time but only one Owner at a time.
2. Rights.
(a) The Owner acknowledges and agrees that the Creator remains the sole author and copyright owner of the Work. The Creator owns all legal rights, including all intellectual property rights, titles and interests in and to the underlying Work. It is expressly acknowledged and agreed upon that the Work shall at all times remain the sole property of the Creator. The Owner is not granted ownership in the Work, but certain limited rights in the Work as set forth herein.
The Creator hereby warrants and represents that they are the author of the Work associated with the Ordinal and that they have the authority to grant the rights contained in the License.
The Creator hereby warrants that they have not previously minted the Work associated with the Ordinal and this License. The Creator and the Owner shall not remint the aforementioned Work.
The Creator hereby warrants that the Work associated with the Ordinal and this License has not previously been published and/or exploited in any manner.
Subject to the Owner’s continued compliance with the terms of this License and applicable laws, the Creator grants the Owner, for the period they own the Purchased Ordinal, during the legal duration of the intellectual property rights, a worldwide, exclusive, transferable and non-sublicensable license on the Work associated with the Purchased Ordinal, under the following terms and conditions.
(b) The Creator hereby grants to the Owner the rights to reproduce, use, perform, display, publish, distribute, duplicate and exploit derivative works thereof, and to this end, subject to the Creator’s moral rights as specified below and where technically required, edit, adapt and modify in a non-substantial way the Work, in any manner and any medium the Owner may choose, whether in digital or physical format, and for any purpose whatsoever, including commercial public use.
The Owner may not use the Work for any purpose other than as specified in this License. The Owner may use the Work however they see fit, as long as their use is within the bounds of this License
(c) The Owner shall respect the Creator’s moral rights on the Work (including paternity right, right to the integrity of the work, as defined under Swiss law) while exploiting the rights granted by this License.
Any exercise of rights granted by this License requires attribution to the Creator, where reasonably possible.
(d) Permissible Transfers of Your HASH && DOT pieces. You have the limited right to transfer HASH && DOT pieces, provided that: (i) the transferee accepts all of the terms and covenants of this Agreement; (ii) You have not prior to the transfer breached this Agreement;
You hereby acknowledge that the transfer of HASH && DOT pieces may be subject to certain transfer, listing, service, blockchain or other fees, which shall be borne by you and not any of the other Parties.
3. Restrictions.
The Owner shall not use the Work associated with the Purchased NFT in connection with texts, images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others or any applicable law or regulation;
The aforementioned restrictions shall survive the expiration or termination of the License.
4. Termination of the License.
This License applies only to the extent that the Owner continues to own the applicable Purchased NFT. If at any time the Owner sells, trades, donates, gives away, transfers, or otherwise disposes of the Purchased NFT for any reason, the License shall immediately expire for the previous Owner without the requirement of notice, and be transferred along with the Purchased NFT to its new Owner. The aforementioned transfer of the License along with the Purchased NFT shall take place in the moment of completion, i.e. confirmation of the transaction taking place on a blockchain.
The Owner acknowledges that, by disposing of the Purchased NFT, they no longer qualify as the Owner of the Purchased NFT and thus no longer benefit from the rights granted by this License. Any exploitation or use of the Work after the disposal of the Purchased NFT shall be considered as an infringing act.
In addition to the aforementioned, the Owner acknowledges that this License shall also expire in the event of destroying (burning) the Purchased NFT by any person, in which all licensed rights shall immediately and automatically return to the Creator.
7. Disclaimer of Warranties & Limitation of Liability.
ALL HASH && DOT ORDINALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CREATOR TO DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE CREAOR OR THEIR AFFILIATES OR THEIR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO HASH && DOT, INCLUDING BUT NOT LIMITED TO THE PURCHASE AND SALE OF HASH && DOT PIECES AND ANY TECHNOLOGY AND/OR PARTIES RELATED TO THE PURCHASE AND SALE OF HASH && DOT PIECES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT THE AUTHOR HAS NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT THE TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR OWNERSHIP, PURCHASE AND/OR SALE OF HASH && DOTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID FOR HASH && DOT PIECES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.
9. Bitcoin Network.
Each HASH && DOT is a Bitcoin Ordinal created on the Bitcoin blockchain, and any financial transactions that you engage in will be conducted solely through the Bitcoin network. Ownership of HASH && DOT pieces is mediated entirely by the Ordinals protocol on the Bitcoin network – at no point may the original seller seize, freeze, or otherwise modify the ownership of any HASH && DOT.
You are entirely responsible for the safety and management of your own private Bitcoin wallet(s) and for validating all transactions and contracts generated by this website before approval. Furthermore, as the Ordinal protocol runs on the Bitcoin network, there is no ability to undo, reverse, or restore any transactions. The original seller will have no liability to you or to any third party for any claims or damages that may arise because of any transactions that You engage or any other transactions that You conduct via the Bitcoin network.
Bitcoin network requires the payment of a transaction fee for every transaction that occurs on the Bitcoin network. The fee funds the network of computers that run the decentralized network. This means that You will need to pay a Fee for each HASH && DOT transaction.
THE CREATOR WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE BITCOIN NETWORK. YOU ASSUME ALL RESPONSIBILITY FOR ANY ADVERSE EFFECTS OF DISRUPTIONS OR OTHER ISSUES AFFECTING BITCOIN OR THE BITCOIN NETWORK.
This License and any of its terms and provisions, as well as the rights and obligations of the Creator and Owner hereunder, shall be construed, governed, interpreted and enforced in accordance with the laws of Germany.
12. Changes to this Agreement.
The creator may make changes to this Agreement from time to time. When such changes are made, the creator will make the updated Agreement available at [hash.christinpenz.de/terms-of-sale] and update the “Last Updated” date at the beginning of the Agreement accordingly.