GAS WARS DURING MINT ARE UNLIKELY BUT A POSSIBILITY - WE ARE NOT RESPONSIBLE FOR LOST GAS OR FAILED TRANSACTIONS.
The Art, COSA MONSTRA, is a collection of 10.000 non-fungible tokens (NFT) running on the Ethereum network, created by INKHEAD STUDIOS. The Site is only an interface allowing participants to purchase the Art (NFTs). Users are entirely responsible for the safety and management of their own private Ethereum wallets and validating all transactions and contracts generated by this Site before approval. Furthermore, as the Art´s smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions. Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction. This Site and its connected services are provided “as is” and “as available” without warranty of any kind. By using this Site you are accepting sole responsibility for any and all transactions involving the “Art”.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST INKHEAD STUDIOS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
INKHEAD STUDIOS reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that INKHEAD STUDIOS will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, including in relation to the Art. By accessing the Site, you represent and warrant that you are at least 18 years of age. If you do not agree to these Terms, you must not access or use the Site.
You may choose to submit comments, bug reports, ideas or other feedback about the Site, including without limitation about how to improve the Site (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback in any way we choose without additional compensation to you and you hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license to incorporate and use the Feedback for any purpose. You may email us at email@example.com.
NON-FUNGIBLE TOKEN AND SMART CONTRACT
NFTs, non-fungible tokens are unique cryptographic tokens that each represent a unique asset and cannot be replicated. The Art is a non-fungible Ethereum-based token (NFT) that uses smart contracts on the Ethereum blockchain (“Smart Contracts”). The Ethereum blockchain provides an immutable ledger of all transactions that occur on the blockchain. This means that the Art is outside of the control of any one party, including INKHEAD STUDIOS, and are subject to many risks and uncertainties. INKHEAD STUDIOS neither owns nor controls MetaMask, WalletConnect, the Ethereum network, your browser, or any other third party site, product, or service (including third party wallets or marketplaces) that you might access, visit, or use for the purpose of enabling you to use the Services or to purchase, list, auction, or sell the Art (“Transaction”), and that, except with respect to transferring control of the Art to the initial purchaser through the Services (“Initial Purchaser”), INKHEAD STUDIOS has no responsibility with respect to any Transaction. INKHEAD STUDIOS will not be liable for the acts or omissions of any third parties, nor will INKHEAD STUDIOS be liable for any damage that you may suffer as a result of your transactions or any other interaction with any third parties. You understand that your Ethereum public address will be made publicly visible whenever you engage in a Transaction. Aside from transferring control of the Art to the Initial Purchaser when minting, INKHEAD STUDIOS has no control over the transfer, storage, ownership or maintenance of the Art.
NO GUARANTEES OR FUTURE PROMISES
A collector of a the Art may receive special perks, experience, or opportunities as determined by INKHEAD STUDIOS in its sole discretion (“Perks”) after the Art is made available for sale (i.e., dropped) by INKHEAD. INKHEAD does not make any representation or guarantee that any collector will receive any Perks or achieve any particular outcome as a result of owning the Art. INKHEAD reserves the right, at its sole discretion, to restrict, limit, or deny any Perks to any collector, including to limit the period of time when a Perk is available, for any reason, at any time.
When you purchase the Art, you agree that your purchase from that launch of Art (NFTs) is all you will receive in exchange for your funds. Whether through primary or secondary channels, the Art is what you receive. Any future 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 INKHEAD STUDIOS in connection with making a purchase.
Connecting Your Wallet
In order to access and use the Services, including engaging in a Transaction on the Services, you must connect your account to your digital wallet supported on MetaMask, WalletConnect or other wallet extensions or gateways as allowed on the Services. Such digital wallets allow you to purchase, store, and engage in transactions using the native Ethereum cryptocurrency, ETH. When you link your cryptocurrency wallet, you understand and agree that you are solely responsible for maintaining the security of your wallet and your control over any wallet-related authentication credentials, private or public cryptocurrency keys, non-fungible tokens or cryptocurrencies that are stored in or are accessible through your wallet. Any unauthorized access to your cryptocurrency wallet by third parties could result in the loss or theft of the Art and/or funds held in your wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). IINKHEAD STUDIOS is not responsible for managing and maintaining the security of your cryptocurrency wallet. INKHEAD STUDIOS has no responsibility or liability to you for any unauthorized access to or use of your cryptocurrency wallet or if you are unable to locate your credentials. If you notice any unauthorized or suspicious activity in your cryptocurrency wallet that seems to be related to the Services, please notify us immediately.
Sale of the Art
When the Art is sold for the first time, the agreement for sale is between INKHEAD STUDIOS and the Initial Purchaser. If the Initial Purchaser decides to sell the Art (“Secondary Sale”), then INKHEAD STUDIOS is not a party to any agreement between the applicable buyer, seller, or facilitator of the Secondary Sale.
If you or any owner of the Art (“collector”) sells or transfers the Art to another collector, (a) then you, as collector, represent and warrant that you will notify the subsequent collector of these Terms and require the subsequent collector to comply with these Terms, (b) the collector License (as defined below) as set forth herein will automatically transfer to such subsequent collector, and such other collector will be deemed the “collector” (for purposes of such Art and the collector License to the underlying IP (as defined below)) and will be subject to these Terms, and (c) you, as the seller or transferor of such Art, will cease to have any further rights to such Art or underlying IP.
By placing an order on the Site or through the Services (including by bidding in an auction), you agree that you are submitting a binding offer to purchase the Art, you agree to pay all applicable fees associated with the Transaction, and you authorize INKHEAD STUDIOS to automatically charge and collect such fees from your payment instrument or wallet. If you are an Initial Purchaser, then all amounts due are to be paid to INKHEAD STUDIOS. If you are not the Initial Purchaser of the Art, then amounts may be paid to the seller of such Art.
Payment Terms & Taxes
Where a user wishes to purchase the Art, and upon such user connecting her/his/its Wallet to the designated area of the Site, that user's Wallet will be charged the applicable purchase fee (the "Fees") for the applicable Art. ALL FEES ARE FINAL PAYMENTS AND NON-REFUNDABLE.
You are entirely responsible for any and all sales, use, value-added and other taxes, liability, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with your use of the Services, Perks or the Art (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, or sale of a the Art).
INKHEAD STUDIOS INTELLECTUAL PROPERTY RIGHTS
The names, logos and other Intellectual Property associated with INKHEAD STUDIOS, COSA MONSTRA, the Site and/or Gabor Csupo, including the Art, are owned by INKHEAD STUDIOS, as applicable.
You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by INKHEAD STUDIOS, You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content, in whole or in part. Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited.
The INKHEAD STUDIOS name and logos, including the terms INKHEAD STUDIOS, COSA MONSTRA AND COSA MONSTRA NFT are trademarks and service marks of INKHEAD STUDIOS (collectively the “INKHEAD STUDIOS TRADEMARKS”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to INKHEAD STUDIOS. All of these rights are expressly reserved in the name of INKHEAD STUDIOS’ and/or its affiliates. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of INKHEAD STUDIOS Trademarks or, other than the rights to the Art (as set forth below), any other intellectual property of INKHEAD STUDIOS, without INKHEAD STUDIOS’ prior written permission in each instance. All rights in such intellectual property are reserved by INKHEAD STUDIOS and/or its affiliates, and all goodwill generated from the use of INKHEAD STUDIOS’ Trademarks will inure to our exclusive benefit. INKHEAD STUDIOS reserves the exclusive right to exploit the IP in all media now known or hereafter devised, in perpetuity (including but not limited to all movies, television series, streaming services, video games, comic strips and books, merchandising, etc.).
RIGHTS TO THE ART YOU OWN
Subject to your continued compliance with these Terms, INKHEAD STUDIOS grants you a worldwide, royalty-free license to use, copy, and display your purchased Art, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Art, provided that the marketplace cryptographically verifies each Art owner’s rights to display their Art to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Art, provided that the website/application cryptographically verifies each Art owner’s rights to display their Art to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Art leaves the website/application (”Personal Use”).
Subject to your continued compliance with these Terms, INKHEAD STUDIOS grants you a worldwide license to use, copy, and display your purchased Art for the purpose of creating derivative works based upon the Art (“Commercial Use”). Examples of such Commercial Use would be the use of the Art to produce and sell merchandise products (T-Shirts, hats, posters, cards, etc.) displaying copies of the Art. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of the Art generally, provided that the marketplace cryptographically verifies each Art piece owner’s rights to display the Art to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of the Art generally, provided that the third party website or application cryptographically verifies the Art´s owner’s rights to display the Art to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner leaves the website/application; or (iii) earning revenue from any of the foregoing.
Other than the rights to the purchased Art, nothing herein gives you any rights to any other trademarks or other intellectual property rights belonging to INKHEAD STUDIOS, including, without limitation, COSA MONSTRA™, INKHEAD STUDIOS™, COSA MONSTRA NFT and their associated logos. All of these rights are expressly reserved to INKHEAD STUDIOS.
You are solely responsible for your own conduct while accessing or using the Site, and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to:
- send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or otherwise objectionable content;
- distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
- impersonate another person;
- upload, post, transmit or otherwise make available through the Site any content that infringes the intellectual property or proprietary rights of any party or otherwise violates the legal rights of others;
- engage in, promote, or encourage illegal activity (including, without limitation, money laundering);
- interfere with other users' use of the Site;
- use the Site for any unauthorized commercial purpose;
- modify, adapt, translate, or reverse engineer any portion of the Site;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site or any part of it;
- use any technology to collect information about the Site’s for any unauthorized purpose;
- access or use the Site for the purpose of creating a product or service that is competitive with any of our products or services. If you engage in any of the activities prohibited by this section, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF 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 OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE WILL BE ACCURATE, (III) THE SITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. 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 WILLFUL MISCONDUCT.
C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK NOR DO WE HAVE ANY CONTROL OVER AND MAKE NO GUARANTEES REGARDING ANY SMART CONTRACTS.
LIMITATION OF LIABILITY
A. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $500.
C. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SITE AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. WE WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU WITHOUT THESE LIMITATIONS.
You agree to hold harmless and indemnify INKHEAD STUDIOS and their subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or artists from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys' fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the Site, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Site.
RISK ASSUMPTIONS / NO PROFESSIONAL ADVICE
If you elect to do a purchase through the Site, any financial transactions that you engage in will be conducted solely through the Ethereum network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse or refund any transactions. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the Ethereum network.
A. No information on this Site (or any other documents mentioned therein) is or may be considered to be advice or an invitation, offer to sell, trade or purchase a digital asset, or enter into an agreement for any investment purpose. Further, nothing on this Site qualifies or is intended to be an offering of securities in 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, INKHEAD STUDIOS has not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the Art is in compliance with laws and regulations in your jurisdiction.
B. INKHEAD STUDIOS does not take account of any person's financial or other objectives, particular needs, or financial situation. In addition, nothing on this Site or any information provided in connection with the Services or Perks provided to Art owners shall, or is intended to, constitute financial, legal, accounting or tax advice. It is strongly recommended that you seek professional advice before making any transaction decision. You will make your own transaction decisions and any decision that you make should be based on an assessment of your risks in consultation with your professional adviser(s).
C. There are risks associated with purchasing and holding digital assets. Loss of the full amount of the purchase price is possible. Volatility is highly likely.
D. You assume all risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You assume all responsibility for any adverse effects of disruptions or other issues impacting Ethereum or the Ethereum platform.
E. NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your Art. You understand and accept all risks in that regard.
F. When you purchase the Art, you agree that your purchase of that Art is all you will receive in exchange for your funds. Whether through primary or secondary channels, the Art is what you receive. Any future 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 INKHEAD STUDIOS in connection with making a purchase.
THESE TERMS DO NOT REPRESENT A COMPLETE STATEMENT OF RISK FACTORS ASSOCIATED WITH THE DIGITAL ASSETS OR PRODUCTS OR SERVICES THAT MAY BE VIEWED OR TRACKED ON THIS SITE OR THAT MAY BE FEATURED OR DISCUSSED IN CONNECTION WITH THE SERVICES OR PERKS FOR THE ART OWNERS. YOU SHOULD CONSIDER THESE RISK WARNINGS CAREFULLY AND TAKE APPROPRIATE ADVICE BEFORE MAKING ANY DECISION TO PURCHASE, SELL, TRADE OR OTHERWISE TRANSACT IN A DIGITAL ASSET.
DISPUTE RESOLUTION; ARBITRATION
All disputes arising out of or in connection with these Terms, including without limitation your access or use of the Site, or to any products sold or distributed through the Site, will be referred to and finally resolved by arbitration under the Swedish court of general jurisdiction and the Stockholm District Court (SW. Stockholms Tingsrätt) shall be the court of first instance.
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE SITE OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITE, OR THE SMART CONTRACTS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.