CONNECT WALLET
By visiting this site, you agree to all of its terms of use and privacy policy. In order to buy or sell NFTyou must also agree to all of the terms and conditions set forth below.If you do not agree to one or more of the terms, you should leave the site and not make any useof it.
Artwork - one of 500 2D artworks in the Bluebrainnft by "Tipsy Innovation LTD".
Wallet - an application that allows the user to register and receive a unique ID that will allow accessand interaction with the Ethereum network in an identifiable manner.
Bluebrainnft whitelist - a list containing any user who holds the right to mint in the period prior tothe initial sale.
BluebrainNFT license - the purchase of your NFT in the initial sale is accompanied by an exclusivelicense to use the artwork associated with your NFT for commercial purposes, and therefore toenjoy any profit generated as a result, as long as you own the said NFT. However, insofar as youtake any illegal or malicious action for the purpose of harming us or the art or the NFT or its series,we will be entitled to deprive you of the license and the rights that come with it. We also have theright to use any of the works in the series in order to promote the series, and thereby also your NFT.Such promotion will not constitute a violation of your license.
NFT - each, an identifiable, non-fungible, non-replicable and transferrable cryptographic assetrecorded on the Ethereum Network, used as proof of authenticity and proof of ownership overcertain rights vested in the Holders, associated with an instance of an Artwork.
Holder - the one who holds the NFT.
User - anyone who uses the site.
Initial sale - the first sale of NFT on the site.
Mint - refers to the successful submission of a request through an eligible Wallet, for thecreation of a new block of information on a distributed ledger (theEthereum Network), to a self-executing software (the Smart Contract), for the purposes of creatinga new NFT recorded against the unique identifier of the Wallet from which the request is submitted.
Smart Contract - the transaction protocol governing the Minting and the transfer of NFTson the Ethereum Network
Royalties - the amount stipulated in the smart contract as a commission for transferring NFT fromone holder to another. This amount is automatically transferred to the company.
Secondary Sale - any resale of the NFT in a secondary market that ends with a new holder
Commercial purpose - trading in NFTs on various platforms.
1. Reviewing and Accepting These Terms Please read these Terms carefully, as they set out yourrights and responsibilities when you use this Site to acquire or mint BluebrainNFT(the “Services”).When the right to mint each BluebrainNFT is granted, the agreement is between the Company andthe owner of the Ethereum wallet address added to the final waitlist as eligible to mint aBluebrainNFT (“NFT minter”).If the NFT minter decides to sell or otherwise transfer the BluebrainNFT through this Site, then thisSite serves only as a platform that facilitates transactions between a transferee and a transferor andthe Company is not a party to any agreement between such transferee and transferor of“BluebrainNFT” or between any other users.
All BluebrainNFT NFTs are stored on and accessible through the Ethereum blockchain. As such, theCompany does not maintain the BluebrainNFT on this Site and, aside from adding the NFT minter’sEthereum wallet address to the final waitlist of authorized-to-mint addresses and adding the finalwaitlist of authorized-to-mint addresses to the applicable smart contract for the BluebrainNFT NFTs,the Company has no control over the generation, minting, transfer, storage, ownership ormaintenance of the BluebrainNFT NFT.
When you connect your cryptocurrency wallet to the Site using a service provider such asMetaMask or Wallet Connect, you accept and agree to be bound and abide by these Terms, theterms of any applicable third-party NFT marketplace, the terms of the applicable cryptocurrencywallet service provider, and all of the terms incorporated herein by reference.
2. By making a purchase or sale or transfer of NFT you declare that you understand that this doesnot constitute an obligation on our part to generate profits for you, or a promise that the NFT willhave a certain value. The NFT are offered for sale as art items.
3. You undertake to make legal use of the NFT and the artworks, and to refrain in any way fromviolating any rights or law in connection therewith
4. You are also solely responsible for any tax liability incurred as a result of any trade, includingthe obligation to report to any authority or entity.
5. The sole responsibility for the use and security of your NFT wallet is on you. It is thereforeadvisable to take all acceptable safety measures for NFT storage. You are also solelyresponsible for any transaction you request to make through the wallet. It will be clarified thatwe will not have any ability to cancel or change transactions you have chosen to make.
6. If you were added for the Bluebrainnft whitelist, you can purchase the right to mint the NFTduring the initial sale. Payment for the purchase of the right to Mint will be made through ETH(Ethereum) and is therefore subject to the restrictions of it. Therefore you may not be able tochange or cancel the payment and the responsibility for this is solely on you.
7. If you have purchased and exercised your right to mint, you will receive the NFT youpurchased and it will be attributed to your wallet using Ethereum encryption.
8. Your ownership will be through the Commercial Purpose of BluebrainNFT License in NFT.Your ownership will be neither of the graphics themselves nor of the intellectual property in it.
9. Any transfer of the NFT is subject to these terms without exception as the terms will continueto apply to a transfer in the future without the transferor or the transferee being able tocondition on it.
10. Child- Our Site is not intended for children. You must be at least 18 years old to accessthis Site or purchase a “bluebrainNFT”. If you are under 18 years old you are not permittedto use this Site for any reason. By accessing the Site, you represent and warrant that youare at least 18 years of age.
11. Each package must be redeemed on the exact date on the road map, the NFT owner willhold the NFT throughout the work process the whole time until the package is delivered
12. The date that appears on the road map refers to the date on which you registeredto redeem the package
13. The office will respond to orders in accordance with the order list of the servicecustomers, the first to contact is the first to receive service
14. Each NFT can be used once on a date specified by the owner of the nft with thewallet linked to the NFT
15. Tipsy innovation LTD reserves the right to amend any changes in details, design orconstructions of the Utility or the services without any notification to the Customer. IfTispy innovation LTD shall make appreciable changes in details, design orconstructions of the Utility or the services shall inform the Customer by means of awritten notification.
16. Fees and Payment:
A. If you elect to purchase a “bluebrainNFT” through the Site, any financial transactionsthat you engage in will be conducted solely through the Ethereum network.We will have no insight into or control over these payments or transactions, not do wehave the ability to reverse any transactions.We will have no liability to you or to any third party for any claims or damages that mayarise as a result of any transactions that you engage or any other transactions that youconduct via the Ethereum network.
B. Ethereum requires the payment of a transaction fee (a “Gas Fee”) for everytransaction that occurs on the Ethereum network. The Gas Fee funds the network ofcomputers that run the decentralized Ethereum network.This means that you will need to pay a Gas Fee for each transaction.
17. You may transfer the NFT on any legal platform that will enable the credibleidentification of ownership, provided that it does not in any way infringe the terms of theSmart Contract governing the NFT. You should absolutely refrain from making a transferthat may attempt to circumvent these provisions or evade the payment of royalties.
18. In the transfer of the NFT you transfer with it your Bluebrainnft license to the new holder. Asa result, you will not be allowed to perform any action arising from the license or the rightsattached to it or the NFT anymore.
19. We will also be entitled to transfer our rights to any other third party in accordance with theseterms, all without prejudice to your rights.
20. The services offered on the site are "as is", and the company does not bear any damage thatmay be caused to you as a result of using the site and the services provided on it.
21. You declare that you will not have any claim against the company and that you absolve itcompletely from any claim for any damage to NFT arising from the use of your wallet, or fromany loss or damage of any complete or partial information contained therein, including anymalfunction related to the Ethereum network and anything arising from it. Also, since this is anonline environment, malicious parties may perform malicious actions and the company has noand will not have any responsibility for this.
22. The Company does not provide you with any warranty in relation to the Services, and anyfuture trading in the NFT is at your sole responsibility.
23. This condition is a fundamental and basic condition for your communication with us, andinsofar as you do not agree with it, you must refrain from needing any services from us
24. Risk Assumption You accept and acknowledge each of the following:
A. To the extent that you sell your bluebrainNFT, please be aware that the prices of NFTsare extremely volatile and fluctuations in the prices of other NFTs and impact the price ofyour blue brain both positively and negatively. Given the volatility, NFTs such as blue brainshould not be considered an investment. You assume all risks in that connection.
B. Ownership of a “bluebrainNFT” confers ownership of digital artwork only. Accordingly, noinformation on this Site (or any other documents mentioned therein) is or may beconsidered to be advice or an invitation to enter into an agreement for any investmentpurpose. Further, nothing on this Site qualifies or is intended to be an offering of securitiesin any jurisdiction nor does it constitute an offer or an invitation to purchase shares,securities or other financial products. Due to the artistic nature of the project, BluebrainNFThas not been registered with or approved by any regulator in any jurisdiction.It remains your sole responsibility to assure that the purchase of the bluebrainNFT and theassociated art is in compliance with laws and regulations in your jurisdiction.
C. You assume all risks associated with using an Internet-based currency, including, but notlimited to, the risk of hardware, software and Internet connections, the risk of malicioussoftware introduction, and the risk that third parties may obtain unauthorized access toinformation stored within your wallet
D. NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatorylandscape is unsettled. New regulations could negatively impact such technologiesimpacting the value for your bluebrainNFT. You understand and accept all risk in thatregard.
E. You assume all responsibility for any adverse effects of disruptions or other issuesimpacting Ethereum or the Ethereum platform.
25. All disputes arising out of or in connection with these Terms, including without limitationyour access or use of the Site, or to any products sold or distributed through the Site, will bereferred to and finally resolved by arbitration under the rules of the The Israeli Center forMediation and Arbitration.
The case will be adjudicated by a single arbitrator and will be administered by the IsraeliCenter for Mediation and Arbitration in accordance with its applicable rules. Each party willcover its own fees and costs associated with the arbitration proceedings. The place ofarbitration will be in Tel-aviv, Israel.
The award of the arbitrator will be final and binding, and any judgment on the awardrendered by the arbitrator may be entered in any court of competent jurisdiction.Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction inany court of competent jurisdiction
26. Disclaimers:
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USEOF THE SITE IS AT YOUR SOLE RISK, AND THAT THE SITE IS PROVIDED "AS IS" AND"AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS ORIMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIEDWARRANTIES REGARDING THE SITE AND ANY PART OF IT (INCLUDING, WITHOUTLIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES),INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, ORRELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OURSUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANTTO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE WILL MEET YOURREQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE WILL BEUNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATAPROVIDED THROUGH THE SITE WILL BE ACCURATE, (III) THE SITE OR ANYCONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITEARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANYDATA THAT YOU DISCLOSE WHEN YOU USE THE SITE WILL BE SECURE. SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES INCONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONSMAY NOT APPLY TO YOU. B. YOU ACCEPT THE INHERENT SECURITY RISKS OFPROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, ANDAGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OFSECURITY UNLESS IT IS DUE TO OUR WILLFULL MISCONDUCT. C. WE WILL NOT BERESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULTOF YOUR USE OF THE ETHEREUM NETWORK NOR DO WE HAVE NO CONTROLOVER AND MAKE NO GUARANTEES REGARDING ANY SMART CONTRACTS.