The NFTs provided by the Issuer are intended for purchase and use by persons 21 years of age or older. You acknowledge and agree that you are not permitted to access the Issuer's website or purchase the NFTs, and you may not access the Issuer's website or purchase any NFTs provided by the Issuer if you are under 21 years of age. By using the Platform, you certify that you are at least 21 years of age and agree to provide us with accurate information and proof of your age or identity if we request it. You also agree not to assist anyone under the age of 21 in accessing the Issuer Website or the NFTs or attempting to contact anyone under the age of 21 while accessing or using the Platform. Be aware that it is possible that you may lose your money if you invest in cryptocurrencies or NFTs without knowledge.
These NFT Terms of Service (“NFT Terms”) apply to sales by BAYC Labs LLC , a Boston corporation (“Issuer”), through Issuer’s websites, Third Party Sites (for example, OpenSea), and blockchain-based applications (all of the foregoing, together with the functionality associated therewith, collectively, the “Platform”) of non-fungible tokens (“NFTs”). Issuer (sometimes referred to herein simply as “we,” “us,” or “our”) may sell NFTs to initial purchasers thereof, and may provide goods and services to initial purchasers and subsequent transferees of NFTs (sometimes referred to herein simply as “you” or using similar terms), including without limitation access to the Platform, subject to your acceptance of these NFT Terms. We are a subsidiary of Constellation Brands, Inc.. These NFT Terms, together with the BAYC Labs LLC Terms of Service and Privacy Policy, are a binding contract between you and us. Your purchase of, acquisition of, and/or ownership of, NFTs through the Platform constitutes your full and unconditional agreement to these NFT Terms. We may update these NFT Terms by providing a new version online and your continued use of the Platform after any such update constitutes your binding acceptance of such changes. We may immediately terminate our contract with respect to you, delete the project and your access to the Platform and any NFTs if you fail to comply with any of the NFT Terms.
may, where expressly stated in the description of such NFTs, include additional functionality, content, or subscription access to goods, services and/or experiences; may be unique or part of a limited series, or redeemable only once; may include the ability to redeem an electronic certificate for goods, services and experiences, which may be unique or part of a limited series, or redeemable only for a specified number or amount of goods, services and experiences; may be subject to additional terms or qualifications as stated in the description of the NFT; and are subject to applicable laws as in effect from time to time.
“Own” means your rights with respect to an NFT you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the applicable blockchain. You agree, in relation to any NFT that you Own, that you Own that NFT in accordance with any description which accompanies that NFT. Issuer may, at its option, use third party platforms or wallet extensions (which may be owned or operated by third parties) to sell NFTs (“Third Party Sites”). You agree to adhere to any applicable terms of service or privacy policies applicable to the use of any Third Party Sites.
Any cryptocurrency payments or financial transactions that you engage in via other Platform like OpenSea will be conducted solely through the Ethereum blockchain network. We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. We do not provide refunds for any purchases that you might make on or through the Platform – whether NFTs or anything else. Whether a particular cryptocurrency is accepted as a payment method by us is subject to change at any time in our sole discretion.
THERE IS NO WARRANTY FOR THE PLATFORM OR ANY NFTS TO THE EXTENT PERMITTED BY APPLICABLE LAW. UNLESS OTHERWISE STATED IN WRITING, THE ISSUER AND/OR OTHER PARTIES PROVIDE THE PLATFORM AND NFTS "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LEGAL ACTION AGAINST US OR OUR AFFILIATES IS NOT LEGALLY POSSIBLE BECAUSE THERE IS NO LAW GOVERNING NFTS. WE MAY TERMINATE THE PROJECT AT ANY TIME.