Terms of Sale – Tycoon Tigers Club

TERMS OF SALE FOR TYCOON TIGERS CLUB

It is important that you, as the user (referred to as „You“, „Your“, or „User“), read these Sale Conditions as they outline your legal rights, responsibilities, and remedies. By accessing or using the website https://www.tycoontigersclub.com (referred to as the „Website“ or „Platform“), you agree to abide by and be bound by this agreement. This agreement constitutes a legally binding agreement between you and Blockchain Media (known as „Tycoon Tigers Club“), a private limited company located at Am Dornbusch 61, 63225 Langen, Hessen, Germany, which governs your access to and use of the Website, including any subdomains.

The Website features a collection of digital artworks (referred to as NFTs) that run on the Ethereum network. The Website serves only as a platform for exchanging digital collectibles. If you find any part of these Service Terms or any future changes unacceptable, refrain from using the Website and do not link your Ethereum Wallet to our platform. Your continued use of the Website after any changes to the Service Terms have been posted will indicate your acceptance and agreement to those changes.

1. DEFINITIONS

“Art” refers to any art, design, or drawings associated with an NFT that you own.
“NFT” refers to a non-fungible token tracked by blockchain technology, such as those that conform to the ERC-721 standard.
“NFT Owner” refers to a user who has purchased an NFT created by Tycoon Tigers Club.
“Own” refers to an NFT that you own.
“Purchased NFT” means an NFT that you Own.
“Qualifying Transaction” refers to a transaction made by an NFT owner to sell their Purchased NFT on a consumer-to-consumer (C2C) basis or on a secondary marketplace, with proof of purchase recorded on the relevant blockchain.
“Royalty” refers to the amount payable by the NFT Owner to Tycoon Tigers Club for each Qualifying Transaction.
„Claim“ refers to any type of claim, notice, demand, action, proceeding, litigation, or investigation, whether it exists at present, is yet to be determined, is immediate, future, or contingent, and regardless of whether it is based on contract, tort, or statute. It also includes all associated losses and applies to both third parties and parties involved in these NFT Terms, wherever and to the extent that the context permits.
“Loss” encompasses any form of loss, harm, expense, fee, obligation, or cost, including legal fees and expenses.

2. RESPONSIBILITIES

By accessing the Website, linking your Ethereum wallets and/or purchasing an NFT from Tycoon Tigers Club, you agree to be bound by the following:

2.1 You must be at least thirteen (14) years of age to access and use the platform. If you are between the ages of thirteen (14) and eighteen (18), or the age of majority in your state or jurisdiction, you may only access and use the platform with the prior permission of your parent or legal guardian. You represent and warrant that you have such permission and that your parent or legal guardian has reviewed and discussed these terms of service with you. We recommend that parents or legal guardians who permit their child to access the website supervise their child’s activity.

2.2 You warrant that purchasing an NFT from the Website will not breach any agreements with third parties, banks or financial institutions, or any applicable laws of your jurisdiction. It will also not result in the infringement, misappropriation, or violation of a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy.

2.3 You represent and warrant that you understand the cryptocurrencies and NFT market, along with associated risks, expenses, and fees. To initiate transactions on the Website, you must voluntarily invoke smart contract operations from an Ethereum Wallet. All such transactions on the Website, including the sale or purchase of NFTs, are initiated through smart contracts at your sole discretion and risk. You acknowledge the risk of smart contracts and agree to be bound by the outcome of any smart contract operation, whether or not it behaves as expected. You acknowledge and agree that there are risks associated with purchasing and holding NFTs and using blockchain technology, such as losing access to NFTs due to loss of private key(s), blockchain attacks, hacking and security weaknesses, unfavourable regulatory intervention, token taxation, personal information disclosure, uninsured losses, and volatility risks.

2.4 You understand that the NFT(s) will be purchased with Ethereum and that Tycoon Tigers Club has no control over gas fees collected by Ethereum miners. You also understand that Tycoon Tigers Club does not have the ability to reverse Ethereum transactions.

2.5 You are solely responsible for the safety and management of your private Ethereum wallet and for validating all transactions and contracts generated by the website before approval. Transactions on the Ethereum network cannot be undone, reversed, or restored.

3. NFT TERMS AND CONDITIONS APPLY

3.1 Any NFTs you acquire are governed by these NFT Terms and the accompanying License, unless otherwise specified in a written agreement. By purchasing or pre-ordering an NFT, you accept these NFT Terms and the License.

3.2 The usage of any NFTs is subject to the Website Terms, Privacy Policy, and any additional documents related to the License mentioned in the annex.

3.3 Even if these NFT Terms are terminated, any obligations that were in effect before the termination will still be binding.

4. PURCHASING NFT’s

4.1 Sale of NFTs

4.1.1 From time to time, we may offer NFTs for sale either individually or as part of a package with other digital items.

4.1.2 All orders for NFTs are final, cannot be altered or refunded, and full payment must be made at the time of purchase. To receive the NFT, a digital wallet may need to be connected or provided.

4.1.3 If the NFT is sold to another party, the transaction may involve a third-party platform or blockchain wallet and incur fees charged by that network. If the transaction takes place through a marketplace we provide, there may be additional fees payable to us.

4.2 Requirements for sale

4.2.1 To purchase an NFT, full payment must be made using the designated digital currency or payment method.

4.2.2 We will not transfer the NFT until payment is received in full. If payment is sent to our digital wallet, the correct wallet address must be used.

4.2.3 If the payment is reversed or becomes invalid, the NFT must be returned to us immediately.

4.2 Title and Risk

When you buy an NFT, the title and related risks become your responsibility. You must ensure that your digital wallet is properly linked. If you lose access to your digital wallet, such as through loss of private key, login credentials, or seed phrase, your NFTs stored in that wallet may be irretrievably lost and cannot be recovered by us.

4.3 Refund Policy for Digital Currency Transactions – Value Fluctuation Risks

We do not issue refunds for purchases. In the event that you are entitled to a refund and the original purchase was made using a digital currency, the refund will be made in the same digital currency or, at our discretion, in American dollars equivalent to the value of the original digital currency at the time of the purchase. This may result in a higher or lower refund amount.

5. Intellectual Property Licence in NFTs

You acknowledge and agree that all Intellectual Property Rights in the Art belong to us. The rights you have in the NFT you own are limited to those specified in the license agreement. Any Intellectual Property Rights in the NFT you own that are not explicitly granted in the license are reserved by us.

6. TERMINATION

6.1 Immediate termination of NFT Terms and Licence

6.1.1 By us if any of the purchaser’s warranties in clause 6 are violated by you;

6.1.2 By us if the limitations of the license in clauses 1.6 or 1.8(c) are breached;

6.1.3 By either party if the other party commits a significant violation of their obligations under these NFT Terms and fails to rectify it within 30 days of receiving notice from the non-breaching party.

Note: Termination of these NFT Terms will not impact the rights of the parties that were established prior to termination.

6.2 Termination effects

Upon termination of these NFT Terms or the Licence, the license rights will be terminated, including the rights to use, copy, display, and enjoy the Art associated with the NFT you Own. However, any physical objects you have created featuring the art for personal use shall continue to have a personal license for use.

7. ACKNOWLEDGMENTS

You acknowledge and agree that

7.1 We hold all legal rights, title, and interests in the Website, including all Intellectual Property Rights (such as the Art, designs, systems, methods, information, computer code, software, services, appearance, organization, content compilation, code, data, and other elements of the Website referred to as „Website Materials“).

7.2 The Website Materials are protected by copyright, trade dress, patent, trademark laws, international conventions, other intellectual property rights, and applicable laws. All Website Materials are either owned by us or our licensors and all trademarks, service marks, and trade names associated with the Website or within the Website Materials are either owned by us or our licensors.

7.3 We provide NFTs on a proprietary basis and if we transact with you, it will be on a bilateral basis only.

7.4 NFTs are not intended for speculative use, are not financial products, and nothing we publish is to be considered financial advice.

7.5 NFTs may experience high price volatility, including potentially being worthless in the future.

7.6 We will not provide any fiduciary, advisory, brokerage, exchange, or similar services to you or anyone else.

7.7 You are solely responsible for making the decision to engage in a transaction under these NFT Terms, including evaluating any related risks.

7.8 It requires a high level of IT knowledge to securely deal with and store NFTs using a Digital Wallet.

7.9 We are not a custodian under the Corporations Act, and NFT transfers are for transaction purposes only.

7.10 All transactions under these NFT Terms are considered to have taken place in Langen, Hessen; Germany.

7.11 We are not responsible for any loss resulting from your failure to follow our policies, procedures, or directions.

7.12 You purchase NFTs at your own risk and understanding, and we make no representations or warranties regarding the IT security or ongoing availability of the NFTs or the Art, or that your access to use your NFTs will be uninterrupted, timely, or secure at all times.

7.13 You understand that your ownership of NFTs depends on you remaining in control of the seed phrases and private key(s) associated with your Digital Wallet, and we will only store information necessary for the sale of NFTs in connection with your Digital Wallet.

7.14 We do not guarantee any use or price for any NFT you purchase from us.

7.15 We do not represent or guarantee any outcomes or financial return from your acquisition of any NFT from us, except for the right to own the NFT and have the Licence.

7.16 By us if the limitations of the license in clauses 1.6 or 1.8(c) are breached;

8. WALLET

8.1.0 We guarantee and assure that

8.1.1 We either own the Art in the NFTs we sell or have the proper licensing to use it, and have the legal authority and ability to sell the NFTs in question.

8.1.2 We will inform you prior to discontinuing or changing any rights or features of the NFTs you have purchased.

8.2.1 Purchaser warranties

8.2.1 You have the necessary experience, resources, licenses, permits, and approvals required to purchase NFTs in accordance with your jurisdiction’s laws, and that any transactions conducted under these NFT Terms or in your use of the NFT will be legal.

8.2.2 You have sufficient knowledge and education to make decisions regarding the procurement or purchase of NFTs, including experience in dealing with and storing NFTs using a Digital Wallet.

8.2.3 You have fully and fairly disclosed any facts or circumstances that may impact our assessment of the NFT transaction, and nothing of such nature and significance has been omitted.

8.2.4 The information you provide is accurate and truthful, and the Digital Wallet address you supply to us has been generated securely and no unauthorized party has access to it.

8.2.5 You are not involved in any ongoing or potential legal claims, actions, proceedings, or investigations related to NFTs.

8.2.6 If requested, you will provide proof of the source of funds used in NFT transactions.

8.2.7 The Digital Currency used to pay the purchase price is not derived from any illegal activity.

8.2.8 You are the lawful owner of the Digital Wallet nominated for NFT delivery, and no one else has any right, title, or interest in it.

8.2.9 You had the opportunity to seek independent legal advice before entering into these NFT Terms.

8.3 Continuous warranties

You guarantee to us that each of the Purchaser Warranties is true, accurate, and not misleading or deceptive at the date of these NFT Terms, and, unless stated otherwise, will remain true, accurate, and not misleading or deceptive each time you receive an NFT or NFTs.

8.4 Notification

You must inform us of anything that constitutes a significant violation of a Purchaser Warranty or makes a Purchaser Warranty false or inaccurate as soon as possible after you become aware of it.

8.5 Mutual Guarantees

Each party guarantees and assures the other party that:

8.5.1 If it’s a company, it has been properly established and legally exists under the laws of its place of incorporation;

8.5.2 It is not experiencing an Insolvency Event;

8.5.3 These terms are legally valid, binding, and enforceable in accordance with their terms through proper legal means.

8.6 Consumer Guarantees

These NFT Terms don’t exclude and aren’t meant to exclude any Statutory Rights you are entitled to.

8.7 Awareness and Knowledge

If a warranty is stated with a qualification such as „to the best of the party’s knowledge, belief, and awareness“ or „as far as the party is aware“, the party giving the warranty will be considered to know or be aware of a specific fact, matter, or situation if their directors or top management employees were aware of it or could have become aware if they had conducted reasonable inquiries at the time of the NFT Terms.

9. INDEMNITY

9.1 You agree to compensate us and our Personnel for any Loss or Claim they may face as a result of your breach of a Purchaser Warranty, to the fullest extent allowed by law, without limitation.

9.2 Furthermore, you must indemnify us and our Personnel and keep us and our Personnel indemnified at all times to the fullest extent allowed by law in respect of any Claim they may face as a result of your breach of these NFT Terms, excluding breaches of a Purchaser Warranty, or any violations of applicable laws, to the extent that the Loss from the Claim was caused by our or our Personnel’s negligence.

10. TAX

10.1 The Purchase Price for any transaction is understood to include any applicable Sales Tax.

10.2 If any additional Sales Tax is required under the laws of Your Jurisdiction, you agree to pay it on our behalf and inform us of the payment immediately.

10.3 In these NFT Terms, references to costs or expenses incurred by a party exclude any amount of Sales Tax that forms part of the cost or expense when it was incurred by the party and for which the party can receive an input tax credit.

10.4 Each party is solely responsible for any taxes that result from dealing in the NFTs, including capital gains or income taxes, and neither party can make a Claim against the other for any Loss due to any tax amounts.

11. NOTICES

11.1 Unless otherwise specified in these NFT Terms, any notice, consent, approval, waiver, or other communication regarding these NFT Terms must be in writing, in English, and sent to our designated email for us or your designated email for you, or published on the Website with public access to the notice.

11.2 Any notice will be considered received within 24 hours of sending the electronic message (unless a rejection message is received) or after being published online.

11.3 A party must immediately inform the other party in writing of any changes to its contact information.

12. LIMITATION OF LIABILITY

12.1 Limitation of liability

We won’t be liable to you in the absence of a material breach of these NFT Terms by us or in case of our gross negligence, fraud, or wilful misconduct when providing NFTs under these NFT Terms, even in the event of a Force Majeure. This applies as long as we are acting in good faith in providing NFTs according to these NFT Terms.

12.2 Third party services

Aside from the provisions stated in clause 8.1, we will not be held responsible for the performance, errors, or omissions of third-party services that are unaffiliated with us, whether they are recognized nationally or regionally. This includes, but is not limited to: blockchain networks (private/permissioned or public), courier companies, national postal services, and other delivery services, telecommunications companies, and other services not under our reasonable control, as well as third-party entities providing services to the blockchain industry, such as processing and payment or transaction services (including „Layer 2“ or similar optimisation services), banking partners, custody services, market making services, third-party pricing services, and decentralised blockchain networks, such as the blockchain(s) the NFTs depend on or forks of those blockchain(s).

12.3 Compliance with Legal Requirements & Lack of Monitoring Obligations

12.3.1 The responsibility for ensuring compliance with laws and regulations regarding NFT transfer and use rests solely on you. We will not be held liable or accountable in this regard.

12.3.2 You acknowledge that we or any of our personnel do not act as an advisor or fiduciary for you in providing NFTs and that this is not a role we take on as part of our services.

12.4 No liability for consequential loss

Both parties will not be held responsible for any damage or claim arising from indirect or secondary loss, such as loss of profits, lost opportunities, or reduced expectations.

12.5 Liability Cap

Our total responsibility to you under any circumstances is limited to the original sale price of the NFT, and we will not be accountable for any amount exceeding that amount.

13. GENERAL

13.1 Amendment

We reserve the right to modify these NFT Terms as we see fit, and any changes will be communicated to you in writing.

13.2 Precedence

If there are any inconsistencies between these NFT Terms and other information related to NFT sales on the Platform, these NFT Terms will take precedence.

13.3 Force Majeure

We cannot be held liable for any delay in fulfilling our obligations under these NFT Terms if such delay is due to circumstances outside of our control, such as government sanctions, blockchain issues, pandemics, etc.

13.4 Waiver

A provision or right within these NFT Terms can only be waived in writing signed by the party granting the waiver.

13.5 Exercise of Rights

A party can exercise their rights individually or together with others at their discretion. If a party chooses not to exercise a right or delays in doing so, they can still exercise that right later.

13.6 Cumulative Remedies

The rights and remedies outlined in these NFT Terms are in addition to any rights provided by law, and not exclusive of them.

13.7 No Merger

The rights and obligations of the parties will not merge upon completion of any transaction under these NFT Terms, and will continue to exist even after any necessary documents are executed.

13.7 No Merger

13.7.1 These NFT Terms apply to the parties and their successors and assigns, who are bound by them.

13.7.2 If a party purchases an NFT from you, they will be assigned these NFT Terms, and you must provide them with a copy or link to these NFT Terms.

13.7.3 We have the right to assign our rights under these NFT Terms without your consent, and may do so at any time.

13.8 Severance

If any provision of these NFT Terms is deemed void, unenforceable, or invalid in a jurisdiction, the provision will be read down to the extent possible to save it. If that fails, words will be severed from the provision to the extent necessary to save it. If the provision cannot be saved, it will be severed entirely, but this will not affect the validity of the remaining provisions.

13.9 Entire Agreement

13.9.1 These NFT Terms represent the full agreement between the parties regarding the subject matter, and supersedes all prior discussions, agreements, representations, and undertakings.

13.9.2 No agents or representatives of ours are authorized to make any agreements or representations not expressed by us in writing, and we are not bound by any such statements.

13.10 Further Assurances

Both parties must take any necessary steps at their own expense to carry out the terms of these NFT Terms and any transactions it covers, including executing any necessary documents.

13.11 Relationship

Nothing in these NFT Terms constitutes a partnership or agency relationship between the parties, and no party has the authority to legally or equitably bind the other, except as explicitly stated in these NFT Terms.

13.12 Knowledge

Any references to your awareness or knowledge in these NFT Terms refers to your actual knowledge, information, and beliefs at the time of any transaction taking place.

13.13 Costs

Both parties are responsible for paying their own fees, costs, and expenses related to these NFT Terms and any transactions it covers, including legal, accounting, and advisory fees.

ANNEXURE

SUMMARY OF THE LICENSE

You have complete liberty to use the Art and NFT for both commercial and personal purposes, including selling derivative works, as long as you own the NFT. However, to maintain the value of our collection and protect our community, the license includes certain restrictions, particularly in regards to the use of our NFTs for harmful conduct like hate crimes or racism. We keep the original copyright to enforce this limitation.

LICENCE FOR NFTs

Tycoon Tigers Club grants, to the owner of any NFT issued by us, for the duration of their ownership, a worldwide, non-exclusive, royalty-free license for the art associated with the NFT purchase (License). Subject to clause the license is assignable, transferable, and revocable for the use, copying, display, and enjoyment of the art associated with the NFT you own:

for your own personal and limited commercial use.
as part of a marketplace or online gallery that allows for the sale or transfer of the NFT you own. Upon the sale of any NFT you own, the license transfers to the buyer who then owns the NFT, and their ownership of the NFT is subject to and contingent on compliance with the terms and conditions outlined in this license. It is to be noted that the transfer of the license does not constitute commercial use. Upon the sale of the NFT you own, your rights under the license will immediately cease and will no longer be in effect. Nothing in this license is intended, or shall operate, to give you ownership of any Intellectual Property Rights or any other rights related to the art, except as explicitly stated in this license. The NFT cannot be used in any manner that would:
associate the art with images depicting hatred, violence, intolerance, cruelty, or any other behavior that could be reasonably considered to bring disrepute to the owner of the art or infringe on the rights of others;
attempt to trademark or acquire Intellectual Property Rights in the art, or claim ownership or representation of the art;
involve the issuance of an NFT that claims an association with the art or purports to be an NFT of the art;
assert any right to or over the art in a manner inconsistent with the rights granted under this license;
take any action that would or might challenge, infringe, or otherwise dispute the owner’s title to the art;
be reasonably seen to disparage the Intellectual Property Rights of the owner;
directly or indirectly cause, permit, or assist others to do any of the above acts. You understand and agree that if the art associated with the NFT you own contains Third Party IP, then:
you will not have the right to use such Third Party IP in any way except as incorporated in the art and subject to this license;
depending on the nature of the license granted by the owner of the Third Party IP, additional restrictions may need to be placed on the license, subject to our discretion;
if we inform you in writing of any additional restrictions to this license, you will be responsible for complying with all such restrictions from the date you receive such written notice, and failure to do so will be considered a breach of this license. It is to be noted that:
the restrictions on the license remain in effect after its termination or assignment transfer;
this license is limited to the time you own the NFT, and upon your sale of the NFT to another party, the license transfers to the NFT buyer, and your rights under the license will cease to have any effect; it is your responsibility to bring the contents of this license to the attention of the other party before selling the NFT; and
the sale of your NFT does not constitute „commercial use“ of the NFT for the purposes of this license.