T&C’s
Scroll down to see our Terms and Conditions
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply tickets to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide tickets to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
● You are an individual.
● You are buying tickets from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Bitcoin $250k Limited, a company registered in England and Wales. Our company registration number is 13359541 and our registered office is at Wellington House, Aviator Court, York, YO30 4UZ. We are trading as “Bitcoin After Party / After Party Events” We are a ticket agent and ambassador for APE USA Limited, a company registered in the UK with company number 12477391 (“Event Partner”) who is hosting the Bitcoin After Party (referred to as the “Event” hereafter).
2.2 How to contact us. You can contact us by writing to us at marketing@bitcoinafterparty.com
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your registration of account.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. ACCOUNT REGISTRATION AND OUR CONTRACT WITH YOU
3.1 Registration of an account. In order to set up a Bitcoin After Party Account to purchase a ticket you must: (a) be at least 18 years old (or the age of legal capacity in the country where the Event is to be held) and be able to enter into legally binding contracts; and (b) follow the instructions to set up a username and password in order to protect your account, in which you must provide your name, postal address, telephone number and email address. These details must be accurate and kept up to date at all times. You are responsible for maintaining the security of your username and password and for all activity that occurs on your account. You shall not permit anyone else to use your account. If you become aware of anyone else using your account, please contact us immediately. If you are setting up the account on behalf of a company, you represent and warrant that you have authority to bind the company or other legal entity and reference to “you” refer to that company or other legal entity.
3.2 Unlawful purposes. You must not use our website or ticket purchase facility for any unlawful purchase or in any unlawful manner. If we discover or suspect that you have used or are using or attempting to use tickets in such a way that a criminal offence has been, or is being or might be committed, we are required by law to report your identity and details of such activity to the relevant authorities and our Event Partner.
3.3 When we may close your account. We reserve the right to terminate your account and cancel your order and prohibit you from making future orders if:
3.3.1 any abusive or threatening behaviour is carried out by you or on your behalf or via your account;
3.3.2 we suspect any fraudulent activity or other illegal activity is carried out by you or on your behalf or via your account;
3.3.3 we suspect any unauthorised use of your account or other unauthorised activity is carried out by you or on your behalf or via your account;
3.3.4 we are ordered to do so by any legal or regulatory authority; and/or
3.3.5 you otherwise breach these terms and conditions (including any applicable Event Partner's terms and conditions) or refund policy.
3.4 How we will accept your order. Our acceptance of your order will only take place once your order is submitted via the website AND full payment is transferred to our account, at which point a contract will come into existence between you and us. This will be followed by an email from us confirming your order is accepted. If you experience an error message or service interruption after submitting payment information, or if you do not receive an email from us within [ 48 ] hours, it is your responsibility to contact us to check whether or not your order has been accepted and processed by us. We will not be responsible for any costs or losses you incur if you assume that an order was or was not placed because you failed to receive an order confirmation.
3.5 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by e-mail and will not charge you for the ticket. This might be because the tickets for the Event are sold out, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the tickets.
3.6 Your order number. We may assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. EVENTS
4.1 The Event may vary slightly from promotional pictures. The images of the Event on our website and in marketing material are for illustrative purposes only. Although we have made every effort to make an accurate representation of the Event, we cannot guarantee that every depiction in the photographs will reflect the actual Event. The Event may vary slightly from the images on our website. We have made every effort to be as accurate as possible, but the fine detail of the Event is not yet decided upon. We are planning the Event to match the description and excitement depicted on our website and are working with our Events Partner to ensure this.
4.2 Please ensure you have read the description of the Event described on our website, including the uncertainty in the Event Date and ensure you are happy with your ticket purchase as we may be unable to rectify issues as a result of your mistake. Please see our Refund section if you wish to know about your refund rights.
5. NFTS
5.1 Tickets will be provided in the form of “NFTs” representing collectable artwork, and certain awards may be made available in the form of an NFT.
5.2 OUR SERVICES ARE NOT CURRENTLY REGULATED BY ANY REGULATOR. PLEASE NOTE THAT OUR SERVICES ARE NOT COVERED BY ANY COMPENSATION SCHEME.
What is an NFT?
5.3 NFTs, or non-fungible tokens, are a type of code (often referred to as a “cryptoasset”) recorded on a blockchain. NFTs are different to other types of cryptoasset, in that each NFT is designed to be unique (so e.g. a finite number of NFTs will be linked to a particular piece of digital art), whereas of other types of crypto, for example bitcoin, are interchangeable.
5.4 Dealing in NFTs is a high-risk investment, and you should only invest in NFTs if you can afford to lose all of your money in doing so. Further information regarding the risks of dealing in NFTs is set out in Schedule 1, and in investing in NFTs you represent that you have read these risks carefully and accept them. You should carefully consider whether dealing in NFTs is suitable for you in light of your own financial situation and attitude to risk, as evaluated by you carefully, and with the assistance of an independent advisor as appropriate.
5.5 We do not:
5.5.1 make any representations or recommendations regarding the advisability or otherwise of dealing in NFTs;
5.5.2 provide any advice in relation to dealing in NFTs;
5.5.3 arrange for you to trade NFTs with any other person or exchange; or 5.5.4 provide custody of any NFTs.
Your obligations when dealing in the NFTs we provide
5.6 In order to set up an After Party Awards Account you will need to be able to deal in the NFTs we provide, in particular you:
5.6.1 confirm you are legally permitted under all applicable laws, statutes, regulatory rules and regulations that apply to you, us and in relation to these terms from time to time (“Applicable Law”) to receive and make use of the NFTs we provide, and there is no other reason to prevent you from agreeing to these terms.
5.6.2 are not, under the Applicable Law of your jurisdiction, making a regulated investment or carrying on a regulated activity when you deal in the NFTs we provide, or otherwise as a result of entering into these terms.
5.6.3 confirm that you will not deal in the NFTs we provide in any way which breaches, or may lead a breach of, Applicable Law or otherwise interferes with these terms.
5.6.4 will not interfere with any other person’s use or enjoyment of any NFTs, the Event, and will not otherwise violate the rights of any person.
5.6.5 have the necessary and relevant experience, knowledge and understanding to be able to competently enter these terms and deal in NFTs.
5.6.6 have not received any advice from us regarding whether dealing in any NFT is a suitable for you, and you are solely responsible for any evaluations, decisions and actions you make concerning NFTs and your entering into these terms.
5.6.7 understand all NFTs are provided on an “as is” basis, NFT’s will require you to spend the Ethereum “gas” fees to accept the NFT and therefore, provided we act in good faith, you accept that we are providing NFTs without being able to provide any warranties in relation to their merchantability or fitness for a particular purpose.
5.6.8 represent that you have a suitable wallet to store any NFTs you hold. It is solely your responsibility to obtain a suitable wallet to properly safeguard your NFTs, and we do not accept any responsibility for loss caused as a consequence or result of any technical issues with your wallet.
5.6.9 represent that you have accepted the terms and conditions of any wallet provider you use, and you accept responsibility for complying with any requirements of the wallet provider, as well as for ensuring that nothing in those terms prevents you complying with your obligations under these terms.
5.6.10 accept responsibility for safekeeping your NFTs, and for ensuring the security of the wallet you use to hold your NFTs (including any requisite private key(s) or other credentials necessary to access such wallet). If your private key(s) or other access credentials are lost, you may lose access to your NFTs, and you accept that we are not responsible or liable for any such loss.
5.6.11 represent all information you supply to us is accurate and not misleading and you will notify us promptly of any change to such information provided to us.
5.6.12 waive any right you may have to participate in a class action lawsuit or a class wide arbitration against us, any entity with is part of the same company group as us, and / or any individual involved with us.
5.6.13 understand that each NFT only confers the rights explicitly disclosed to you in relation to that NFT and no other rights.
5.6.14 understand the tax implications when dealing in NFTs and accept sole responsibility for any tax in relation to your entering into these terms and dealing in NFTs.
5.6.15 accept that whilst we allow NFTs to be resold on secondary marketplaces, we are not responsible or liable in the event that no secondary marketplace accepts NFTs.
5.6.16 will provide us with whatever information we request for the purposes of satisfying our own regulatory, compliance and contractual obligations, such as, but not limited to, identification checks, money laundering checks, prevention of terrorist financing, KYC checks, and preventing any suspected fraud.
5.7 You shall as soon as reasonably practicable give us written notice upon a breach, or suspected breach, of any of your obligations under these terms.
6. INTELLECTUAL PROPERTY
6.1 We are the owner or the licensee of all copyright and intellectual property rights that exists in connection with the Event and the NFTs we provide. You have the right to use any of these materials only for the purpose of dealing in the NFTs we provide and participating in the Event in accordance with these terms. Any other use is expressly prohibited.
6.2 You may not copy, imitate, or use our trade marks, trading names or logos without our prior written consent.
7. PRICE AND PAYMENT
7.1 All prices paid for tickets offered for sale from us are inclusive of VAT and include; 7.1.1 the event ticket price (“Ticket Price”); and
7.1.2 handling and/or delivery fees (“Transactional Fee”)
7.1.3 They do not include Ethereum “gas” fees to accept the NFT
7.2 Whilst we try to ensure the advertised prices are correct, we reserve the right to correct an error on our website or inform you of an error in your order as soon as possible. If we do this, we will give you the option of confirming your order at the correct price (in which case we will take your payment) or cancelling your order (in which case you will receive a refund of the Ticket Price in the currency you have paid the Ticket Price in). If we are unable to contact you to confirm the error and the correct price, we may treat the order as cancelled and issue you with a refund, without further liability to us.
7.3 We set the Ticket Price at the time of the initial sale and these will increase as more tickets are sold right up until the Event. However, some purchasers may use a discount code given to them or advertised to them by one of our Ambassadors, such as a You Tube or Instagram Influencer. When used correctly we will honour the discount code to allow you to purchase the Tickets at a discounted Ticket Price.
7.4 The payment for Ticket Prices may be made in US Dollars, Bitcoin or other Crypto currency. We accept no responsibility or liability for additional currency charges you may be subject to by your credit or debit card provider or your crypto asset provider/broker, any transaction fees, or any currency exchange rate fluctuations, which are entirely at your risk.
7.5 Some payments maybe subject to credit or debit card verification and any verification applicable to your cryptoasset if that is how you choose to pay. Your order may be cancelled if it has not passed our verification process or if payment is not received in full. In very rare circumstances your own issuer may recall the payment. We accept no responsibility or liability for such cancellations, as these are outside our control. To prevent fraud we may ask you for further information, or carry out further checks on you in order to verify your purchase. We reserve the right to cancel your order without notice to you, if we reasonably suspect that you have made the purchase fraudulently.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can end your contract with us if:
8.1.1 If you are a consumer and have changed your mind about the purchase, you may be able to get a refund if you are within the cooling-off period, see clause 8.2 below.
8.1.2 If you are a business and have changed your mind about the purchase, you may be able to get a refund if you are within the cooling-off period, see clause 8.3 below.
8.1.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most purchases bought online you have a legal right to change your mind within 14 days of the date of your order confirmation email and receive a refund. These rights, under the Consumer Contracts Regulations 2013 and are known as the “cooling -off period”. In these circumstances you will receive a refund.
8.2 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), we will allow you to end the contract within 14 days of your order confirmation email. If you want to end the contract in these circumstances, just contact us to let us know. In these circumstances you will receive a refund.
8.3 Ending the contract because of something we have done wrong. You have a legal right to end the contract because of something we have done legally wrong. In this situation once this is proven, we will refund you as per our refund policy.
8.4 HOW TO END THE CONTRACT WITH US
8.5 Tell us you want to end the contract. To end the contract with us, please let us know by:
8.5.1 Email. Email us at marketing@bitcoinafterparty.com Please provide your name, home address, complete details of the order including date, number of tickets, payment transaction ID, your phone number and email address. Note refunds will be made once you return your NFT ticket to us and you complete a concierge zoom meeting with our customer support team to clarify your reason for the refund request.
8.6 How we will refund you. If you are entitled to a refund under these terms we will refund you in either Bitcoin or USDC Coin (at our discretion). We will pay either the original US Dollar ticket value paid or the original Bitcoin ticket value paid at the time you paid for the ticket(s). However, we may make deductions from the price, as described below.
8.7 When we may make a deduction from refunds if you are a consumer exercising your right to change your mind or a business to whom we have offered the same cooling off period. If you are exercising your right to change your mind we may deduct from any refund an amount for the costs of refund. For example, if we refund you by way of crypto asset, we may deduct the cost of the [transfer agent fee, gas fee or other administration fee] where such fee is payable.
8.8 When your refund will be made. We will make any refunds due to you 30 days after we receive a complete refund request and the refund process will only be initiated once you return your NFT ticket to us.Note refunds will be made once you return your NFT ticket to us and you complete a concierge zoom meeting with our customer support team to clarify your reason for the refund request.
8.9 Closing your account. You may close your account by contacting us using our Customer Concierge Portal. However, please note that such closure shall not take effect until after any events that you have purchased Tickets for have taken place.
9. DELIVERY OF TICKETS
9.1 When we will provide the ticket. When you have purchased your ticket, and following the 14 day cooling off period referred to in clause 8 above, we will provide your ticket in the form of an NFT. We are not providing paper tickets.
9.2 After 14 days [or sooner if you waive the cooling off period at point of purchase] you will be sent directions of how to download and save your NFT ticket to your Ethereum wallet.
9.3 When we will provide the Event.
9.3.1 Your ticket gives you access to a one-off event. Within 48 hours of Bitcoin reaching a value of $250,000 per BTC (measured on a global average), we will then announce a date for the Event. The Event will then be approximately 90 -180 days after Bitcoin hits $250,000 per BTC this gives our guests time to arrange transport, accommodation etc.
9.3.2 The ticket does not include and we will have no responsibility for additional expenses including the costs of travel, accommodation, hospitality, personal arrangements and expenditure and other costs and expenses incurred by you relating to the Event which are at your own risk. Neither we nor our Event Partner shall be responsible or liable to you for any wasted or unrecoverable costs or expenditure in relation to such personal arrangements, even if caused as a result of the cancellation, rescheduling or alteration of the Event for which you have purchased tickets under these terms.
9.4 We are not responsible for delays outside our control. If our supply of the Event is delayed by an event outside our control (“Force Majeure”) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the Force Majeure.
9.5 When you become responsible for the ticket. The ticket will be your responsibility from the time we deliver the ticket access details, by email, to the email address you gave us or a carrier organised by you. You will require your ticket to gain entry to the Event and will not be allowed in the Event without evidence of the ticket.
9.6 When you own the ticket. You own the ticket (NFT) once we have received payment in full.
9.7 Reasons we may suspend the supply of tickets to you. We may have to suspend the supply of a ticket to:
9.7.1 deal with technical problems or make minor technical changes; or
9.7.2 update the product to reflect changes in relevant laws and regulatory requirements.
9.8 We may also suspend supply of the ticket if you do not pay. If you do not pay us for the tickets when you are supposed to or there is a problem with your payment and you still do not make payment within 7 days of us reminding you that payment is due, we will suspend supply of the tickets until you have paid us the outstanding amounts.
10. TICKET TRANSFER
10.1 We allow you to transfer ownership of your ticket to another person and that person may use his / her ticket to gain access to the Event. However, our contract is with you and we do not accept responsibility, to the maximum extent permitted by law excludes liability to any third party in respect of the sale of the ticket. Refunds will not be applicable after NFT resale on the secondary market to either seller or buyer. All remaining terms and conditions as to the use of the ticket shall remain applicable.
10.2 We may cancel any transferred ticket if we have grounds to suspect that they were obtained fraudulently or unlawfully.
10.3 Please note, once you have transferred your ticket to another person, you will not be allowed entry to the Event. .
11. OUR RIGHTS TO MAKE CHANGES
11.1 Minor changes to the Event. We may change the Event:
11.1.1 to reflect changes in relevant laws and regulatory requirements; and
11.1.2 to implement minor technical adjustments, improvements, changes to the celebrity or influencer line up or changes to the event activations or activities. These changes will not affect the quality of the Event.
11.2 More significant changes to the event. In addition, we may make changes to the Event, but if we do so we will notify you, for example.
11.2.1 If the Bitcoin Value does not reach $250,000 by 15th December 2030 and therefore the Event has not yet taken place we may choose to put on the event early, as such we reserve the right to amend the date and or the venue; or
11.2.2 If the venue location needs to be changed due to Covid-19, lockdown restrictions or other similar circumstances
11.3 We will give you reasonable advance notice of any changes by putting an alert on our website, or we may make changes with immediate effect if they are in your favour. You will therefore need to check our website from time to time to get notice of any changes we may make to these terms.
11.4 You will be treated as accepting any change that we make to these terms unless you tell us that you do not agree to the change within 5 working days of the change being made public in which case you have the right to cancel your contract with us and obtain a refund.
12. OUR RIGHTS TO END THE CONTRACT
12.1 We may end the contract if you break it. We may choose to end the contract at any time by writing to you if:
12.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
12.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your Ethereum address to receive your NFT;
12.1.3 you do not, within a reasonable time, allow us to deliver the tickets to you.
12.2 In very rare circumstances, we may withdraw the Event or we may write to you to let you know that the Event Partner is going to stop providing the Event. We will let you know at least 30 days in advance of its stopping the supply of the Event and will provide a refund as per our refund policy above. Refunds would only be issued on return of the NFT tickets.
13. IF THERE IS A PROBLEM
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can book a concierge meeting on the website or write to us at marketing@bitcoinafterparty.com
If you are a consumer we are under a legal duty to supply tickets for an Event in conformity with this contract. Nothing in these terms will affect your legal rights.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU AND LIMITATION OF LIABILITY
14.1 To the greatest extent permitted by law, we and our Event Partner shall not be responsible for any loss, injury or damage to any person or property caused by use or our Event Partner where:
14.1.1 there is no breach of contract, or a legal duty owed by us or our Event Partner;
14.1.2 one of the risks set out at Schedule 1 materialises;
14.1.3 in circumstances where such loss or damage is not directly as a result of any such breach (save for death or personal injury resulting from our or our Event Partner’s negligence). If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process; or
14.1.4 to the extent that any increase in any loss or damage results from your negligence or breach by you of any of these terms or any terms of our Event Partner and/or any applicable laws or regulations.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the cooling off period and the right to receive entry to an event which is as described in the information we provided to you; of satisfactory quality; fit for the purpose and supplied with reasonable skill and care.
14.3 We are not liable for business losses. If you are a consumer we only supply the tickets for to you for domestic and private use. If you use the tickets or event for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.4.
14.4 If you are a business all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to clause 14.1:
14.4.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
14.4.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for tickets under this contract.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will only use your personal information as set out in our Privacy Policy
16. ANTI-MONEY LAUNDERING AND COUNTER-TERRORIST FINANCING REQUIREMENTS
16.1 You will at all times:
16.1.1 provide us any information we may request for the purposes of verifying your identity (including if relevant that of your beneficial owners) and checks required in relation to prevention of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. This includes completing any verification procedures and customer identity checks that we may require.
16.1.2 authorise us to make any inquiries, whether directly or through third parties, that we consider necessary to verify your identity or to protect you and/or us against fraud or other financial crime, and to take any action we reasonably deem necessary based on the results of such inquiries.
16.2 You acknowledge that your access to the Event and any NFTs we provide may be altered, on an ongoing basis, as a result of the information provided under this clause 17. You also acknowledge that in carrying out inquiries, your personal information may be disclosed by us to identity verification, credit reference and fraud prevention or financial crime agencies and that these agencies may respond to inquiries in full. This is an identity check only and should have no adverse effect on your credit rating.
17. TAX EVASION AND BRIBERY
17.1 Tax treatment depends on your individual circumstances and may be subject to change in the future. You are solely responsible for determining what, if any, taxes apply to your participation in these terms and dealing in NFTs, and for reporting and paying any taxes due to the appropriate tax authority / authorities. We may deduct or make any tax withholdings or filings that we are required by Applicable Law to make, but we are not responsible for determining whether taxes apply to your participation in these terms, or for collecting, reporting, or remitting any taxes arising from your dealing in NFTs.
17.2 You must not use or allow NFTs to be used, to engage in any act, or by omission to commit, cause, facilitate or contribute to the commission by any person of anything which constitutes or could constitute a tax evasion offence or a facilitation of tax evasion offence. A tax evasion offence includes cheating a public revenue authority or being knowingly concerned in, or in taking steps with a view to, the fraudulent evasion of tax and tax includes duties and social security contributions.
17.3 You must not do or omit to do any act or thing which constitutes or may constitute an offence under anti-bribery law. Offences include: (i) directly or indirectly offering, promising or giving any person working for or engaged by us a financial or other advantage to either induce that person to perform improperly a relevant function / activity, or reward that person for improper performance of a relevant function / activity; (ii) directly or indirectly requesting, agreeing to receive or accepting any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with these terms; and / or (iii) committing any other offence under applicable anti-bribery laws.
18. OTHER IMPORTANT TERMS
18.1 We may transfer these terms to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing by email if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.4 We do not provide, nor do we accept responsibility for, any legal, tax or accounting advice. If you are unsure regarding any of the legal, tax or accounting aspects of dealing in NFTs or using our Services you should seek independent professional advice.
18.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the ticket, we can still require you to make the payment at a later date.
18.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings either the Northern Irish or the English courts.
18.8 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.
19. ADDITIONAL TERMS
19.1 Activations Some activations/activities at the party may be restricted for space as limited seating etc eg the Bafters awards, if this is the case we may or may not also visually project these activities to another space.
19.2 At the party anything may be filmed as part of the documentary or by other influencers attending. By attending the event guests are consenting to the filming/recording and the use of this content across social media and our documentary.
19.3 Drug use will not be tolerated.
19.4 We reserve the right to eject anyone from the event if we deem their behaviour to be inappropriate.
19.5 Note Resale of any NFT on Rarable or OpenSea will be subject to a 15% artist retention rate (this is typical for NFT transactions).
19.6 Certain areas within the event may have restricted access and we reserve the right to deny anyone entry to these areas.
Schedule 1: NFT risks
Dealing in NFTs involves a high degree of risk, and, therefore, should be undertaken only if you are capable of evaluating the risks involved and able to bear the risk of a complete loss of all capital used to participate in NFTs.
You should carefully consider the risks described below and consult with your professional advisors before dealing in NFTs. It should be noted that the list of risk factors described hereunder is not intended to be exhaustive and does not necessarily include all the risks to which you may be exposed when dealing in NFTs.
Important Note: None of the information presented in this Schedule 1 is intended to form the basis for any investment decision, no specific recommendations are intended, and there has not been any consideration as to whether NFTs are a suitable or an appropriate thing for you to acquire. We expressly disclaim any and all responsibility for any loss arising from: (i) reliance on any information contained in this Schedule 1, (ii) any error, omission or inaccuracy in any such information, or (iii) any action resulting from such information.
By dealing in NFTs, you expressly acknowledge and assume the following risks, which we shall not be liable for should they materialise:
1. Risk of losing access to NFTs due to loss of private key(s)
A private key, or a combination of private keys, is necessary to control and dispose of NFTs stored in your digital wallet or vault. Accordingly, loss of requisite private key(s) associated with your digital wallet or vault storing NFTs will result in loss of such NFTs. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service you use, may be able to misappropriate your NFTs.
Any errors or malfunctions caused by or otherwise related to the wallet you choose to receive and store NFTs with, including your failure to properly maintain or use such wallet, may also result in the loss of your NFTs. It is your responsibility to obtain, maintain and secure your wallet, which must be compatible with holding NFTs, i.e. it must be ERC-721 compatible.
2. Regulatory risks
Regulation of cryptoassets (such as NFTs) and the use of blockchain technologies is currently still being developed and likely to rapidly evolve. Regulation varies significantly between different jurisdictions and is subject to significant uncertainty. Regulators may in the future adopt laws, regulations, guidance or other actions that may severely impact the provision of the Event and the operation and / or value of NFTs. This could result in a variety of adverse consequences and reduce the value of NFTs. It may also limit our ability to operate / provide NFTs / the Event in a particular jurisdiction.
3. Risks associated with the Ethereum protocol
Because NFTs are based on the Ethereum protocol, any malfunction, breakdown or abandonment of the Ethereum protocol may have a material adverse effect on NFTs. Moreover, advances in cryptography, or technical advances such as the development of quantum computing or changes to the protocol underlying Ethereum, could present risks to NFTs by rendering ineffective the mechanisms that underpin the Ethereum protocol.
4. Risk of hacking and software and security weaknesses
Hackers or other malicious groups or organizations may attempt to interfere with NFTs in a variety of ways, including malware attacks, denial of service attacks, consensus-based attacks, sybil attacks, smurfing and spoofing, as well as attacks which overpower the consensus-based mechanism on which the blockchain in built and attacks which interfere with or otherwise cause nodes to malfunction (nodes are computers / hardware devices that help maintain the blockchain).
There is also an inherent risk that the software and related technologies and theories we use could contain a virus, bug, glitch, spyware, malware, adware or other harmful or deleterious programs, material, code or software (a “Virus”). A Virus could cause, inter alia, complete loss of NFTs. In addition, because the NFTs we provide may be based on open-source software, there is a risk that someone may intentionally or unintentionally introduce a Virus into the core infrastructure supporting NFTs, which could negatively affect the operation and / or value of NFTs.
5. Liquidity risk
The value of NFTs is linked to supply and demand, and so if there is not sufficient demand or interest in NFTs, or if there are limits on the transferability of, or limited liquidity for, NFTs, then this may limit the value of your NFTs.
There presently is no established trading market for the NFTs we provide. We can provide no assurance that any exchange will accept any attempted listing of NFTs or maintain the listing if accepted. Moreover, even if NFTs are accepted by an exchange, the NFTs may still not be widely adopted, may have limited users, and could be subject to significant competition. As a result, we can provide no assurance as to the liquidity of the NFTs we provide on any market, and the value of NFTs over time may experience extreme volatility.
6. Volatility risk
The prices of cryptoassets have historically been subject to dramatic fluctuations and are highly volatile, and the market price of NFTs may also be highly volatile. Several factors may influence the market price, if any, of NFTs, including: (i) the ability (if any) of NFTs to trade on a secondary market; (ii) global digital asset and token supply; (iii) the demand for cryptoassets, which can be influenced by the growth of retail merchants’ and commercial businesses’ acceptance of cryptoassets; (iv) the security of online cryptoasset exchanges and wallets that hold cryptoassets, as well the perception that the use and holding of cryptoassets is safe and secure, and the regulatory restrictions on their use; (v) general expectations with respect to the rate of inflation, interest rates and exchange rates; (vi) changes in the software, software requirements or hardware requirements underlying NFTs; (vii) changes in the rights, obligations, incentives, or rewards for the various holders of NFTs; (viii) interruptions in service from or failures of major cryptoasset exchanges on which cryptoassets are traded; (ix) investment and trading activities of large purchasers, including private and registered funds, that may directly or indirectly invest in cryptoassets; (x) monetary policies of governments, as well as any trade restrictions, currency devaluations and revaluations; (xi) regulatory measures, if any, that affect the use of cryptoassets and changes in Applicable Law; (xii) global or regional political,economic or financial events and situations; and (xiii) expectations among participants in cryptoassets that the value of cryptoassets will soon change.
A decrease in the price of a single cryptoasset may cause volatility in the entire cryptoasset industry and may affect other cryptoassets including NFTs. For example, a security breach that affects participants’ confidence in bitcoin or ether may affect the industry as a whole and may also cause the price of NFTs to fluctuate. Such volatility in the price of NFTs may result in significant loss over a short period of time.
7. Purchasers may lack information for monitoring NFTs
You may not be able to obtain all information you want from time to time regarding NFTs. Even if you do receive such information, you may not receive it on a timely basis. It is possible that you may not be aware of materially adverse changes that have occurred with respect to NFTs in a timely manner. As a result of these difficulties, as well as other uncertainties, you may not have accurate or accessible information relating to your purchase, which could prevent you from taking actions with the potential to prevent adverse consequences relating to your holding of NFTs.
8. General economic risks
Please be aware that the value of NFTs can fall as well as rise. If you buy NFTs, you may not get back the full amount you spent on the NFTs, or anything at all. The value of NFTs may depend on fluctuations in the financial markets, or other economic factors, which are outside our control. Past performance is not necessarily a guide to the future performance of NFTs.
9. Unanticipated risks
NFTs are a relatively new and untested. In addition to the risks included in this Schedule 1, there may be other risks associated with your dealing in NFTs, including those that we cannot reasonably foresee. Additional risks may also materialize as unanticipated variations or combinations of the risks discussed above.