Last updated October 25, 2022
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Site.
We are committed and capable to develop the project further as outlined in our roadmap, however, We cannot guarantee the success or future developments of this project. You agree that Your purchase of our NFTs only guarantees You the purchased NFT characters and any future potential airdrops, community gatherings, or other benefits are ancillary to this purchase and not to be taken into consideration with Your initial purchase. You agree that You are not relying on any future commitments by us in using our site and purchasing our NFTs.
You also certify that by acquiring or purchasing our NFTs, You understand that our NFT smart contracts run on the Ethereum blockchain and are bound by their system and terms, there is no ability to undo, reverse, or restore any transactions. Any connected services including this website and its content are provided “as is” and “as available” without any warranty of any kind.
Unless otherwise indicated, or except already acquired or purchased NFTs by You, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics or/and any cryptographic assets such as NFTs on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of various jurisdictions, international copyright laws, and international conventions. Moreover, We reserve the right to use any of our NFT characters or asset models for content creation or advertisement.
Our NFTs serve as collectibles with no inherent value and shall be treated as such. We hold no guarantees that our NFTs are worth any monetary value. And, You are entirely responsible for any tax liability which may arise from purchasing, minting, exchanging, reselling or otherwise disposing the NFTs.
Please note that, before minting our NFTs, check and confirm the latest posts on our Discord (https://discord.gg/briannfts) and Twitter (https://twitter.com/braindompuzzle) channels in case, if one of the aforementioned channels gets compromised. For Your own safety, please consider checking both (Discord and Twitter) channels before the mint.
When our NFTs are acquired or purchased by You, the NFT ownership is transferred to You through the Ethereum blockchain for that individual NFT. Ownership of the NFT is dictated by Ethereum blockchain terms and We hold no ability to alter, freeze, seize or modify the ownership of any of our NFTs once the ownership is transferred to You.
Subject to their long-term holding of our Brian NFTs, We may, at our sole discretion, decide to reward our dedicated users by granting them Brian Tokens. Brian Tokens will function as an incentive with specific perks associated to the long-term holding of our NFTs by the user. These specific perks may include varying benefits like gift cards, vouchers, access to certain online services etc. and Brian Token holders, once granted, will be able to utilise their Brian Tokens in the online marketplace exclusively created for them (the “Marketplace”).
In the event that You are granted a Brian Token, You, as a Brian Token holder, acknowledge and agree that (i) Brian Tokens and loyalty rewards are not redeemable for cash, have no financial value and cannot be used as a means of payment for goods and services, and that (ii) Brian Tokens are not transferable to other users or other accounts, and that (iii) Marketplace is neither an online store nor an online platform designed to trade, sell or buy any digital assets or cryptographic tokens.
You further understand and agree that Brian Tokens operate in a manner similar to traditional membership cards and are used for marketing purposes as well as for rewarding our loyal users. However, the holding of Brian Tokens does not merely guarantee that You will be granted the said benefits.
You also agree that to the maximum extent permitted by applicable mandatory law, We will not be liable to You for any loss or damage, whether in contract, tort, negligence, breach of statutory duty, or otherwise and howsoever arising, even if foreseeable, arising under or in connection with the use of, or inability to use the Brian Tokens and/or associated benefits (e.g., failure to redeem a gift card or delivery problems regarding goods, in both cases, due to reasons arising from third-party service providers).
Marketplace provision and rewards: We reserve the right to offer additional Marketplace benefits or decline to offer certain Marketplace benefits at any time in our sole discretion, with or without notice to You.
All rewards offered are subject to the individual terms and conditions offered by the reward provider. We take no responsibility for the availability of individual rewards or individual terms and conditions.
Changes to Marketplace Terms. The Marketplace benefits are offered at the sole discretion of the Company, which reserves the right to terminate, change, limit, modify, or cancel the Marketplace or any Marketplace terms, rules, regulations, benefits, or conditions of participation at any time.
We reserve the right to report any unlawful use and abuse of the Marketplace for prosecution to the relevant authorities.
Any Member chooses to use the Marketplace at its own risk and in no event shall the Company be liable for any direct, consequential, incidental or special damage or loss of any kind including, but not limited to loss of money, damage to User’s good name, User’s identity theft, User’s usage information theft, however caused, including negligence or otherwise except as expressly provided herein.
Occasionally, due to the asynchronous nature of the blockchain, the same reward or benefit can be granted to the multiple eligible users rather than a single user. In such a case, We reserve our right to identify a single user to whom the reward or benefit will be granted, and we may decide to compensate the others. In the event that we decide to compensate the others, the form and means of compensation shall be determined by us in our sole discretion.
Subject to Your continued agreement with our terms, We grant You an unlimited, worldwide licence to use, copy and display the acquired NFTs, along with any derivative artwork or extensions that You could create or utilize. However, You are not allowed to use our NFTs for illegal purposes, violence or in a way that may cause harm for individuals. The license We grant You for personal and commercial use only applies to the extent that You continue to own our NFTs and are not involved in inappropriate activities mentioned above. We reserve the right to revoke the licence if We deem Your usage of our NFTs are considered illegal or inappropriate.
To the maximum extent permitted by applicable mandatory laws, the NFTs and associated Art (i.e., any art, graphics, images, designs, logos, taglines, and drawings that may be associated with an NFT) are provided “as is” and “as available” excluding any warranties of any kind, including, without limitation, any warranty for information, data, uptime or uninterrupted access, any warranties concerning the availability, correctness, accuracy, reliability, usefulness, or content of information, and any merchantability or fitness for a particular purpose, and We hereby disclaim any and all such warranties, express and implied. We do not warrant that the NFTs and associated Art, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the NFTs will meet Your requirements. No advice, results or information, whether oral or written, obtained by You from us or in relation to the NFTs and/or associated Art shall create any warranty not expressly made herein.
To the maximum extent permitted by applicable mandatory law, We will not be liable to You for any loss or damage, whether in contract, tort, negligence, breach of statutory duty, or otherwise and howsoever arising, even if foreseeable, arising under or in connection with the use of, or inability to use, Third Party Services (i.e., any services not operated by us, but provided to You in the context of the use of the NFTs or the Marketplace, including but not limited to services provided by the marketplace OpenSea; payment services; purchase, sale and exchange of digital assets; digital asset wallet; hardware wallet; storage services for the NFTs or the Art), the NFT and associated Art, including but not limited to any losses, damages or claims arising from: (i) Your error, such as forgotten passwords or incorrectly construed transactions; (ii) server failure or data loss; (iii) corrupted account files; (iv) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, or other means of attack against the app, network, or the electronic account or (v) security weaknesses, fraud, counterfeiting, and other technological difficulties.
We are not responsible for losses due to blockchains or any other features of the Ethereum network or Third Party Services, including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the Ethereum network, including forks, technical node issues, or any other issues having fund losses as a result. You acknowledge and agree that such technologies are novel, experimental and speculative and that therefore there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing laws thereto.
We have no control over any Third Party Services. You acknowledge and agree that We are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the Third Party Services, or as a result of any reliance placed by You upon the protection and/or storage of any data You provide to those Third Party Services, or upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any Third Party Services. Please read the general terms applicable to such Third Party Services as You will be required to comply with such terms.
As noted above, the NFTs are made available solely for entertainment purposes. You agree that You assume the following risks:
(A) To the extent there is a price or market for a blockchain asset such as a non-fungible token, such markets and prices are extremely volatile, and variations in the price of other digital assets could materially and adversely affect the value of any digital asset(s) You own, including the NFT, and there is no guarantee that the NFTs will have or retain any value;
(B) the commercial or market value on an NFT that You purchase may materially diminish in value as a result of a variety of things such as negative publicity in connection with the Company brand;
(C) We do not make any promises or guarantees about the availability of the NFT or the Art on the Internet or that they will host the NFT or the Art at any specific location and/or for any specific period of time;
(D) upgrades to the Ethereum platform, a hard fork or other change in the Ethereum platform, a failure or cessation of Ethereum, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using such technologies, including without limitation NFTs;
(E) the risk of changes to the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens and new regulations, unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of the NFTs;
(F) the risks related to taxation;
(G) that non-fungible tokens are not legal tender and are not back by any government; and
(H) In addition to assuming all of the above risks, You shall (i) have obtained sufficient information to make an informed decision to license the NFT, (ii) understand and agree that the You are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks.
We use the personal information in order to provide You with services relating to the Auction and the NFTs, including to manage Our contractual relationship with You under this Agreement.
You have certain rights regarding Your personal information, including the following rights to: access Your personal information; rectify the information We hold about You; erase Your personal information; restrict Our use of Your personal information; object to Our use of Your personal information; receive Your personal information in a useable electronic format and transmit it to a third party (right to data portability); and lodge a complaint with Your local data protection authority.
Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Variation: We may revise this Agreement from time to time. You should read this Agreement carefully prior to the purchase of the NFT.
The Agreement in force at the time of the purchase of the NFT will apply. If We revise this Agreement and You have already purchased an NFT, the revised Agreement will not apply to such purchase.
Governing law. This Agreement, and any dispute arising out of or in connection with it (whether contractual or non-contractual), shall be governed by the laws of England and English Courts will have exclusive jurisdiction.
We sincerely thank You and appreciate You for being our community member. Our community is the core of our NFT project that would drive the success and allow us to continue reaching new heights.
For any questions or inquiries related to our project, please contact us at firstname.lastname@example.org