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TERMS & SERVICES
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terms & services

These terms and conditions constitute a legally binding agreement (the "Agreement") between you (also referred to herein as "You", "Your" or "User") and BT Hustlers ("we" or "us"), governing your purchase of digital artworks (NFTs) running on the Ethereum network as part of the BT Hustler NFT collection offering (the "Offering") and use of this website. By participating in this Offering and using this website, you agree to be bound by these terms and all the terms incorporated herein and all of the terms of service.

 

By entering into this Agreement, participating in the Offering, and/or using this website, you expressly acknowledge that you understand this Agreement and accept all its terms. If you do not agree to be bound by the terms and conditions of this Agreement, you may not participate in the Offering or use this website. These terms and conditions may be changed at any time, without notice.

 

ARTICLE I

Definitions

 

  • "Art" means any art, graphics, images, designs, logos, taglines, and drawings that may be associated with an NFT in which you acquire Licensed Rights.

  • "Equivalent" means the value, in US Dollars, of the market value of the relevant amount of cryptocurrency on the day of the transaction.

  • "BT Hustlers" means BT Hustlers proprietorship.

  • "Name and Likeness" means name, nicknames, images, logos, likenesses, marks, copyrights, trade dress colours, trade dress designs, marketing materials and/or all other intellectual property of BT Hustlers.

  • "NFT" means any blockchain-tracked, non-fungible token.

  • "Licensed Rights" concerning an NFT means your rights to a Licensed NFT of which you are the current rightful licensee and which you acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain.

  • "Licensed NFT" means an NFT from BT Hustlers.

  • "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.

  • "Experiences" means all in-person and virtual events and rewards organized by BT Hustlers and members of its community available to those purchasers of certain Licensed NFTs, including any rewards and gifts presented by BT Hustlers to said purchasers.

 

ARTICLE II

Ownership and Licensed Rights

 

  • You acknowledge and agree that BT Hustlers (or, as applicable, its licensors) owns all legal rights, titles, and interests in and to the Art and Name and Likeness, and all intellectual property rights therein.

  • The rights that You have in and to the Licensed NFT and Art are limited to those expressly stated in Article II Section 7 of this Agreement.

  • BT Hustlers reserves all rights and ownership in and to the Licensed NFT, Name and Likeness, and Art not expressly granted to You in Article II of this Agreement.

  • All purchases of Licensed NFTs, as well as associated charges, are non-refundable. This no-refund policy shall apply at all times regardless of Your decision to terminate usage of the Licensed NFT, any disruption to the operations of any components of the Licensed NFT, or any other reason whatsoever.

  • By using this website and participating in this Offer, you are accepting sole responsibility for any transactions involving Licensed NFT. You are responsible for the safety and management of their own private Ethereum wallets and for validating all transactions and contracts generated by this website before approval. Furthermore, as the BT Hustlers smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.

  • By redeeming or participating in any Experience, You acknowledge that the terms and conditions outlined in this Agreement apply to all Experiences and that attendance at any Experience is conditioned upon your adherence to these terms and conditions. BT Hustlers reserves all rights and discretion to transfer any rewards and/or prizes at an Experience.

  • Without limiting the foregoing and subject to your continued compliance with this Agreement, BT Hustlers grants You an unlimited, worldwide license to use, copy, and display the Licensed NFT to create derivative works based upon the Art ("Commercial Use"). Examples of such Commercial Use would e.g., be the use of the Licensed NFT to produce and sell merchandise products (T-Shirts etc.) that are display copies of the Art. Nothing herein shall restrict BT Hustlers' right to use, copy, and display the Licensed NFT for its own Commercial Use.

 

ARTICLE III

Restrictions

 

You agree that you may not, nor permit any third party to do or attempt to do any of the following without express prior written  consent from BT Hustlers in each case: 

  • modify the Licensed NFT, Name and Likeness and/or Art for your Licensed NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or colour schemes; 

  • use the Licensed NFT, Name and Likeness and/or Art from your Licensed NFTs in connection with 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, drugs (including, without limitation, both prescription and non-prescription) or other supplements, death, pornography or other "adult only" or sexually explicit activities, massage parlours, prostitution or any dating or escort activities, weapons or ammunition, denigration or discrimination against individuals based on race, national origin, gender, religion, disability, ethnicity, sexual orientation, gender identity or age, medical conditions and/or political campaigns or causes; 

  • attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Licensed NFT, Name and Likeness and/or Art from Your Licensed NFTs.

 

To the extent that the Licensed NFT, Name and Likeness and/or Art associated with Your Licensed NFTs contains Third Party IP You understand and agree as follows: 

  • that You will not have the right to use such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein;

  • that, depending on the nature of the license granted from the owner of the Third Party IP, BT Hustlers may need to pass through additional terms and/or restrictions on Your ability to use the Art; and 

  • to the extent that BT Hustlers informs You of such additional restrictions in writing (email is permissible), You will be responsible for complying with all such restrictions from the date that You receive the notice, and that failure to do so will be deemed a breach of this Agreement.

 

The restrictions in this Article III will survive the expiration or termination of this Agreement.

 

Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Offerings.

 

You will not:

  • use or attempt to use another user’s account without authorization from that user and BT Hustlers;

  • impersonate or otherwise misrepresent your affiliation with a person or entity;

  • use our Offerings other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Offerings or that could damage, disable, overburden or impair the functioning of our Offerings in any manner;

  • reverse engineer any aspect of our Offerings or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Offerings;

  • attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Offerings that you are not authorized to access;

  • use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Offerings;

  • develop or use any applications that interact with our Offerings without our prior written consent; or

  • use our Offerings for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

 

Enforcement of Article III is solely at BT Hustlers's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Article III does not create any private right of action on the part of any third party or any reasonable expectation that our Offerings will not contain any content that is prohibited by such rules.

ARTICLE IV

Termination of the License

 

The Licensed Rights granted to You hereunder shall automatically terminate and all rights shall return to BT Hustlers if: 

  • at any time You sell, trade, donate, give away, transfer, or otherwise dispose of Your Licensed NFT for any reason except as specially provided in Article II of this Agreement; 

  • You breach any of the Agreement and conditions; 

  • You have a trustee, receiver or similar party appointed for Your property, become insolvent, acknowledge Your insolvency in any manner, make an assignment for the benefit of your creditors, or file a petition of bankruptcy; 

  • You engage in any unlawful business practice related to the Licensed NFT; 

  • You initiate any legal actions against any of BT Hustlers and/or its members, officers, directors, affiliates, agents, attorneys and employees.

 

ARTICLE V

Disclaimers of Warranties and Limitations of Liability

 

  • The BT Hustlers’ website and its connected services, and all Licensed NFTs are provided "as is" and "as available" without warranties of any kind either express or implied.

  • To the fullest extent permissible under applicable law, BT Hustlers disclaims 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 BT Hustlers 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 any NFT, including but not limited to the Licensed NFT, the auction, any technology and/or parties related to the auction, including but not limited to blockchain and Ethereum wallets, and the volatility of the cryptocurrency and NFT markets.

  • 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, BT Hustlers' total aggregate liability shall not exceed ten per cent (10%) of the total sum paid directly by you to BT Hustlers for the applicable Licensed NFT.

  • You accept the inherent security risks of providing information and dealing online over the internet and agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence.

  • You agree that no liability shall extend individually to the members, officers, directors, affiliates, agents, attorneys, and employees of BT Hustlers.

  • You expressly waive your right to file a claim, dispute and/or take any legal action against the BT Hustlers and/or its members, officers, directors, affiliates, agents, attorneys and employees on a class or collective basis.

  • BT Hustlers and/or its members, officers, directors, affiliates, agents, attorneys, and employees will not be responsible for any typographic or other website errors.

  • 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.

ARTICLE VI

Assumption of Risk

 

You agree that You assume the following risks:

  • To the extent there is a price or market for a blockchain asset such as an NFT, 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 Your Licensed NFT, and there is no guarantee that Your Licensed NFTs will have or retain any value;

  • the commercial or market value on a Licensed NFT that You purchase may materially diminish in value as a result of a variety of things such as negative publicity regarding NFTs or cryptocurrency, etc.;

  • there are risks associated with using Internet-native assets (e.g., non-fungible tokens, cryptocurrencies, etc.) including, but not limited to, the risk of hardware, software and Internet connections and/or failures, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital "wallet" or elsewhere, and BT Hustlers will not be responsible for any of these, however, caused;

  • BT Hustlers does not make any promises or guarantees about the availability of the Licensed NFT or the Art on the Internet or that they will host the Licensed NFT or the Art at any specific location and/or for any specific period;

  • 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 Licensed NFTs;

  • BT Hustlers does not make any promises or guarantees related to blockchain, Ethereum wallets, or any other third parties related to this auction and each of their applications and/or services, including but not limited to the continued availability of either and/or the protection and/or storage of any data you provide to those parties;

  • the risk of losing access to Licensed NFT due to loss of private key(s), custodial error or purchaser error;

  • the risk of mining attacks;

  • the risk of hacking, security weaknesses, fraud, counterfeiting, cyber-attacks and other technological difficulties;

  • 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 Licensed NFT;

  • the risks related to taxation;

  • that NFTs are not legal tender and are not backed by any government; and

  • BT Hustlers is not responsible for any transaction between you and a third party (e.g., Your transfer of a Licensed NFT from a third party on the so-called "secondary market"), and BT Hustlers shall have no liability in connection with any such transaction.

  • In addition to assuming all the above risks, you acknowledge that You have obtained sufficient information to make an informed decision to license the Licensed NFT and that You understand and agree that you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself. No information on BT Hustlers ' website nor any communication from the BT Hustlers or within BT Hustlers's communities should be considered financial advice.

  • BT Hustlers cannot and does not represent or warrant that any Licensed NFT, or its supporting systems or technology, is reliable, current, or error-free, meet Your requirements, or that defects in the Licensed NFT, or its supporting systems or technology, will be corrected

  • You accept and acknowledge that BT Hustlers will not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience related to the Offering.

ARTICLE VII

Taxes and Fees

 

  • You understand that Licensed NFTs must be purchased with Ethereum and that BT Hustlers has no control over gas fees collected by Ethereum miners.

  • You understand that BT Hustlers cannot reverse Ethereum transactions.

  • You agree not to hold BT Hustlers liable for any expenses or fees associated with interacting with our smart contract and/or minting or attempting to mint an NFT on our site.

  • BT Hustlers is not responsible for determining the withholding, sales, use, value-added, transfer or other taxes, together with any interest and penalties imposed with respect thereto ("Taxes"), that may apply to transactions on this Site.

  • You agree that you are solely responsible for determining what, if any, Taxes apply to your transactions and withholding, collecting, reporting, and remitting the correct amounts of Taxes to the appropriate taxing authorities.

  • Unless otherwise indicated on an applicable invoice, amounts due on this Site are exclusive of sale, use, value-added or similar taxes ("Sales Taxes"). This means that Sales Taxes become your sole responsibility.

ARTICLE VIII

Governing Law

 

  1. This Agreement and all matters related to it and/or any Licensed NFT shall be governed by, construed, and enforced by the laws of the India, as they are applied to agreements entered and to be performed entirely within India and without regard to conflict of law principles, except to the extent that law is inconsistent with or preempted by federal law.

 

ARTICLE IX

Modifications

 

  • BT Hustlers may amend or modify this Agreement from time to time. When BT Hustlers makes such amendments or modifications, we will make the updated Agreement available on this website and update the "Last Updated" date at the beginning of the Agreement accordingly. Please check this page periodically for changes. Any changes to this Agreement will apply on the date that they are made and, by way of example, Your continued access to or use of the Licensed NFT and the Art after the Agreement has been updated will constitute your binding acceptance of the updates.

  • If you are provided with a translation of this Agreement, the original version in English will be used in deciding any issues or disputes which arise under this Agreement.

ARTICLE X

Eligibility

 

  • Participation in the BT Hustlers NFT Collection Offering is open only to individuals who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein and who are using currency that such party is the lawful holder thereof.

  • Participation in the BT Hustlers NFT Collection Offering is not available to users who have had their User privileges temporarily or permanently deactivated.

  • You may not allow other persons to use your User credentials, and You agree that You are the sole authorized user.

  • By becoming a User, you represent and warrant that you are at least 18 years old.

 

ARTICLE XI

Indemnity

 

You will defend, indemnify, and hold BT Hustlers, including each of their respective affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or members, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your license, sale or possession of the Licensed NFT and/or Your participation in the Offering, including: 

 

  • Your breach of this Agreement or the documents it incorporates by reference; 

  • Your violation of any law or the rights of a third party as a result of your interaction with such third party; 

  • any allegation that any materials that You submit to us or transmit in the course of the auction, communications seeking BT Hustlers's consent to activities or otherwise, infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or 

  • any other activities in connection with the Offering or the Licensed NFT.

This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

 

ARTICLE XII

Miscellaneous

Feedback

 

  • You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about BT Hustlers or our Offerings (collectively, "Feedback"). We may use such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback at BT Hustlers' sole discretion.

  • You understand that BT Hustlers may treat Feedback as non-confidential.

 

Third-Party Content

 

  • We may provide information about Additional Benefits made available by third parties or other third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Offerings (collectively, "Third-Party Content").

  • We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. 

  • BT Hustlers does not control or endorse, and makes no representations or warranties regarding any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

ARTICLE XIII

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.

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