Article 1: Object
These Terms and Conditions of Sale (TCS) govern the sale of NFTs called « Charm Of The Ugly, » generated by artificial intelligence and conceived and implemented by Ugly Labs. These NFTs will be recorded on the Ethereum blockchain during a « drop, » where buyers can proceed to mint and receive a randomly assigned character.
Article 2: Acceptance of Terms
By purchasing a « Charm Of The Ugly » NFT, the buyer acknowledges that they have read and accepted these TCS without reservation.
Article 3: Description of NFTs
The « Charm Of The Ugly » NFTs are unique digital artworks generated by an artificial intelligence algorithm, featuring characteristics deliberately designed with aesthetic flaws in 3D. Each NFT will be uniquely identified on the Ethereum blockchain at the time of minting.
Article 4: Characteristics of the Characters
- The « Charm Of The Ugly » characters have been generated randomly, incorporating bugs and visual artifacts intentionally.
- The buyer acknowledges and accepts that these characteristics are an integral part of the artwork and cannot be subject to any complaint or request for a refund.
- These elements are considered an essential part of the artistic experience and the uniqueness of each NFT.
Article 5: Drop and Mint
- Ugly Labs will announce in advance the date and time of the « drop » for the « Charm Of The Ugly » NFTs.
- During the drop, buyers will be able to mint their NFT, which involves the creation and registration of the NFT on the Ethereum blockchain.
- Each buyer will be randomly assigned a character from the available artworks at that time.
Article 6: Price and Payment Terms
- The prices of the NFTs will be set in Ethereum (ETH) and may be changed at any time by Ugly Labs.
- Users must have a MetaMask wallet to make purchases on the OpenSea platform.
- The buyer will be responsible for paying the price of the NFT as well as gas fees at the prevailing rate at the time of the transaction.
- The sale is considered concluded when payment in Ethereum, including gas fees, has been received and validated.
Article 7: Intellectual Property and Copyright
- The acquisition of a « Charm Of The Ugly » NFT grants the buyer ownership rights to the associated artwork but does not confer copyright, which remains the property of Ugly Labs.
- The buyer is permitted to use, display, and sell the NFT, provided that the associated artwork is not used for commercial purposes without prior authorization from Ugly Labs.
- Ugly Labs reserves the right to use the artworks for promotional or artistic purposes without infringing on the buyers’ rights.
- The buyer is free to sell the NFT on secondary platforms, provided they comply with the terms of sale of those platforms.
Article 8: Responsibility and Errors on the Blockchain
- Ugly Labs cannot be held liable for errors, losses, or delays that occur on the Ethereum blockchain, including but not limited to technical issues, network outages, or any other difficulty beyond its control.
- The buyer acknowledges that acquiring NFTs involves risks, including value fluctuations and technical uncertainties related to blockchain technology.
- By purchasing an NFT, the buyer agrees to take all necessary precautions to protect their digital wallet and assets.
Article 9: Limitation of Liability
To the maximum extent permitted by law, Ugly Labs disclaims any liability for any indirect, incidental, or consequential damages resulting from the use or inability to use the « Charm Of The Ugly » NFTs. This includes, but is not limited to, loss of profits, data, or other intangible losses.
Article 10: Disputes
Any dispute related to the sale of the « Charm Of The Ugly » NFTs will be submitted to the jurisdiction of the competent courts.
Article 11: Modification of TCS
Ugly Labs reserves the right to modify these TCS at any time. The new terms will apply to sales made after their publication.