Terms & Conditions
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("Collector"), and Simone Risi ("Simone Risi," "we," "us," or "our"), as well as the NFT collection it represents, named "Blue Prana”.
I. ACCEPTANCE OF TERMS
Simone Risi provides its services (described below) to you, the Collector, through its website and application program interface located at www.simonerisi.xyz/blue-prana (the "Website"), subject to the following Terms of Service (the "Terms"). By using or accessing the Website, you acknowledge that you have read and agree to these Terms.
II. ELIGIBILITY
Collector must be at least thirteen (13) years old to access and use the Website; provided, if you are between the ages of thirteen (13) and eighteen (18) years old you may only access and use the Website with the prior permission of your parent or legal guardian.
Collector must not be located in a country that is subject to an economic sanction or embargo issued by the European Union government, or that has been designated by the EU government as a sponsor of terrorism.
III. DESCRIPTION OF SERVICES
Blue Prana is a collection of non-fungible tokens ("NFTs") stored on the Apechain blockchain. Each Blue Prana NFT is a unique digital asset that is permanently recorded and stored on the Apechain blockchain.
IV. TERMS OF SALE
Simone Risi sells themed fine arts authenticated as NFTs. In exchange for payment, Collector is granted a NFT. The purchase of the NFT does not grant any profit-sharing interest or equity in Simone Risi, ownership of intellectual property, or any other rights except as expressly set forth herein.
V. PAYMENT
All payments are made in ApeCoin and are non-refundable. You are responsible for all gas fees associated with transactions on the Apechain network. Cursed has no control over these fees and makes no guarantees regarding transaction times or fees.
VI. OWNERSHIP
When you purchase a Blue Prana NFT, you own the underlying NFT completely. Ownership of the NFT is mediated entirely by the Smart Contract and the Apechain Network. At no point may Simone Risi seize, freeze, or otherwise modify the ownership of any Blue Prana NFT.
VII. INTELLECTUAL PROPERTY RIGHTS
Simone Risi owns all intellectual property rights to the Blue Prana brand, artwork, and content. Purchase of a Blue Prana NFT does not grant intellectual property rights in the underlying artwork or content. However, Collector receives a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the purchased Art for personal, non-commercial use.
VIII. COMMERCIAL USE RIGHTS
Collector has the right to use, copy, and display the 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 displaying copies of the Art.
IX. 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 Simone Risi:
Use the Blue Prana NFTs in connection with images depicting hatred, intolerance, violence, or cruelty
Attempt to trademark, copyright, or otherwise acquire intellectual property rights in the Blue Prana NFTs
Use the Blue Prana NFTs in connection with defamatory or dishonest statements about Simone Risi & Blue Prana
X. TERMINATION
Simone Risi may terminate your access to the Website and its services for any reason, including but not limited to breaches of these Terms, at our sole discretion. Such termination will not affect your ownership of any Blue Prana NFTs.
XI. DISCLAIMERS
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. SIMONE RISI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT.
XII. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SIMONE RISI BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY MATERIALS OR CONTENT ON THE WEBSITE.
XV. DISPUTE RESOLUTION
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. COLLECTOR AGREES TO WAIVE ANY CLASS ACTION STATUS, CLASS ARBITRATION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. ANY DISPUTE BETWEEN SIMONE RISI AND COLLECTOR SHALL BE DETERMINED AND RESOLVED BY BINDING ARBITRATION IN BOLOGNA, ITALY, IN ACCORDANCE WITH THE ITALY ARBITRATION ACT.
XVI. PRIVACY
Simone Risi will not collect any cookies, IP addresses, or Collector data in connection with your use of the Website. This is subject to change. Collector understands that Simone Risi may work with third-party applications that collect data for NFT holder verifications or giveaways. Additionally, Collector understands that the Apechain network is a public blockchain and all of your transaction history initiated through the Website will be made public.
XVII. SEVERABILITY
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Terms.
XVIII. GOVERNING LAW
These Terms will be governed exclusively by the laws of Italy without regard to its conflicts of laws provisions. Any dispute between Simone Risi and Collector that is not subject to arbitration will be resolved in the courts located in Bologna, Italy. Collector understands and agrees that your use of the Website as contemplated by these Terms shall be deemed to have occurred in Italy.
XIX. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at nft@simonerisi.xyz