Terms & Conditions

ConsciousEye comprises various collections and editions of digital artworks (NFTs) – on different marketplaces – running on the Ethereum network. This website informs about the latest activities as well as drops and sales of ConsciousEye artworks.

This NFT Agreement for Purchasing and Licensing (“Agreement”) is between the ConsciousEye (“Seller”) and the individual “Buyer”.
It governs the Sale of Non-Fungible Tokens (NFT) to the “Buyer”.
Within the terms of this Agreement, “Buyer” further refers to any person to whom the initial purchaser or subsequent owner transfers NFT ownership, whether by sale, inheritance, donation, or other lawful operation.

1. Ownership Purchase Agreement

Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network and at no point may we seize, freeze, or otherwise modify the ownership of any ConsciousEye NFT.

When purchasing a ConsciousEye NFT you own the NFT artwork token (according to the terms and conditions of this Agreement). Each ConsciousEye NFT is an NFT on the Ethereum blockchain.

When the Buyer purchases or otherwise accepts ownership of the NFT, they acquire all rights, title, and interest in and to the digital artwork (NFT), including, the right to sell, transfer, assign, donate, or otherwise dispose of ownership of the NFT, according to the terms of this Agreement.

The Buyer does not gain any rights, express or implied, including (without limitation) copyright, trademarks or other intellectual property or proprietary rights in or to any of the artwork, images, music, audiovisual works, or other content associated with, or represented by, the NFT (collectively, artwork). The copyright to the digital artwork remains with the copyright holder.

1.1. Reserved Rights of the Seller

The Seller reserves specific rights regarding the digital artworks (NFTs) even after the purchase and ownership has been transferred to the Buyer. These rights include:

1.1.1. All rights, titles and interest regarding the digital artwork (NFT), whether these rights, titles, and interests are located in Germany, Europe or other foreign countries.

1.1.2. Including but not limited to German, European or foreign trademarks, trade dress and names, service marks, domain names, logos, copyrights, mora/industrial design/publicity/propretary rights, computer programs, registrations, and applications regarding the digital artwork (NFT), which this agreement collectively refers to as the “Sellers IP”.

1.1.3. The Seller retains sole and exclusive rights to the Seller IP. If the Buyer nevertheless obtains rights in the Seller IP, whether through operations of law or otherwise, then the Buyer hereby irrevocably assigns such rights to the Seller.

You hereby acknowledge and agree that you will do nothing inconsistent with Seller’s ownership of Seller’s IP and will not use Seller’s IP other than pursuant to the terms and conditions of this Agreement.

2. NFT Purchase Price and Fees

As the intitial purchaser of the NFT, the Buyer agrees to purchase any pay for the NFT following the marketplace terms and conditions on which the Seller lists the NFT. Resale Royalties and any transaction fees will be directly deducted from your crypto wallet and another authorized and legal payment method the marketplace lists.

Further, the Buyer is responsible for any sales, taxes, use, GST, value-added, assessments, and duties now or after the purchase imposed or claimed by a governmental, administrative, or regulatory authority regarding the NFT.

3. NFT License Grant and Restrictions

The folowing license rights are grated to the Buyer, according to the below terms and the terms of this Agreement:

3.1. Limited Artwork License Grants: The Seller grantes the Buyer a limited, non-exclusive, global non-sublicensable right and license to use the NFT artwork for:

a) Personal and non-commercial use

b) As necessary to facilityte any secondary sales or transfers to a new entity or persons using a recognized third-party marketpace or another legal method of transfer

3.1.1 In the case of a transfer or sale, the Seller IP and artwork must appear in their original form and not as derivative works, or this Agreement is terminated, and the Seller reclaims ownership of the NFT.

The folowing license restrictions apply to the Buyer:

3.2. The above artwork (NFT) license grants are only granted to the Buyer for as long as the Buyer retains ownership of the NFT.

3.2.1 The Buyer, nor any of the affiliates, associates, friends, family, heirs, assigns, or any other third party, can modify the NFT artwork and the Seller IP in any format, including but not limited to the shape, attributes, drawing, designs, coors, or information without the express prior written consent of the Seller.

3.2.2. The Buyer, nor any of the affiliates, associates, friends, family, heirs, assigns, or any other third party, can use the artwork (NFT) in any manner that despicts cruelty, discrimination, violence, pornography, vulgarity, offensive behavior, hate speech, abusive, defamatory, or any other type of content or media that encourages intolerance.

4. Additional Third-Party Terms

The Seller relies on third-party marketplaces to sell the NFT, so the Buyer and any transaction they facilitate will become subject to any terms and conditions of the site/marketplace. As such, the Buyer understands and agrees that their purchase of the NFT can be influenced by the terms and conditions, fees, and regulations of the marketplace, with the Seller having no influence on these factors.

Further, the Seller is not responsible for maintaining the link or connection between the NFT and the site that hosts the artwork (NFT) or any blockchain or ledger on which the NFT is listed.

5. Smart Contracts | Marketplaces

Please find further information directly on the marketplace websites

2.1. Foundation.app
Foundation.app (https://foundation.app/)
Terms of Service (https://foundation.app/terms)
Privacy Policy (https://foundation.app/privacy)

6. Retraction and Cancellation

Consumers in general have fourteen days to withdraw from any contract but as the product has a digital nature that is sold on an open market – the conclusion of the contract will immediately mark the beginning of its execution.

As the smart contracts of all ConsciousEye artworks run on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.

7. Assumption of Risk

The Buyer understands that the NFT is a crypto asset, which can rapidly fluctuate in value, demand, regulation, and other variables.
The Buyer understands and accepts that these variables might arise in irreversible losses or be recorded on the public blockchain ledger later than when the transaction occurred.

As the Seller has no control over the execution of the purchase, any fees, or reversal of the transaction when using a third-party marketplace, the Seller is not liable to the Buyer or any other third parties for damages or other claims arising from the purchase.

The Buyer also acknowledges the risk of internet-based assets and that malfunctioning hardware, software, and internet connections can lead to loss of the NFT. The Buyer will not hold responsible the Seller for any loss of the NFT dues to disruptors, hardware failures, hackings, errors, communication failure, inaccuracies, or other delays the Buyer experiences while completing the transaction.

Furthermore, as digital assets, NFTs are subject to developing regulations, statues, treaties, rules and other laws (“Laws”) in Germany, Europe and globally.
Any update, change, or adjustment of these Laws may affect this Agreement. Should these Laws cause any part of this Agreement to become unenforceable or illegal, then the Seller is not deemed to be in breach of this Agreement and has the right to terminate the Agreement instead.

The NFT is not deemed or intended to be a security under any law, and the Buyer understands that the price and liquidity of this digital asset will fluctuate and may even disappear as the market for this NFT does.

8. Disclaimers

8.1. The NFT artwork and any experiences are provided on an “as available” basis “as is” without any warranty. The Seller expressly disclaims any warranties under the maximum extent permitted by law. The Seller makes no warranty or representation concerning the truthfulness, accuracy, quality, completeness, reliability, or timeliness of the artwork or any other information displayed in conjunction with the NFT.

8.2. The Buyer will not hold liable the Seller for any claims or losses that arise out of software failure, abnormal computer programming, smart contracts, crypto wallets, media servers, blockchain, smart nodes, forgotten passwords or information, hacking attempts, malware, viruses, harmful computer code, third-party marketplaces, or other distributed ledger technology associated with the NFT.

8.3. The NFT is a digital asset and only exists because its code and ownership record are being maintained in the applicable blockchain network or ledger. As such, any sale, transfer, donation, or assignation occurs on a public blockchain’s distributed ledger, over which the Seller has no control or liability.
The Buyer will be fully responsible for verifying the authenticity, identity, and legitimacy of the assets they purchase.

9. Indemnification

While not limiting any other terms or provisions of this Agreement, the Buyer agrees to hold harmless the Seller, its parents, assigns, heirs, associates, employees, agents, successors, directors, managers, officers, and representatives (“Sellers Parties”) from and against all claims, demands, allegations, suits, actions, or other proceedings (“Claims”).

The Buyer further agrees to hold harmless the Seller and its Seller Parties from any penalties, fees, orders, fines, awards, expenses, settlements, costs, judgments, liabilities, damages, or other losses, which include but are not limited to any attorney fees (“Losses”), resulting out of the purchase, transfer, ownership, sale, donation, assignment, or other transfer of the NFT.

However, the above indemnity regarding the Claims and Losses does not appy when they arise solely from the unlawful actions of the Seller, including willful misconduct, fraud, or gross negligence. In no event shall the total amount of damages for which the Seller is liable from claims arising out of this Agreement exceed (1€).

10. Miscellaneous

10.1. Any Buyer who purchases or otherwise takes ownership interacts with the NFT must be at least eighteen (18) years of age. The only time a minor, who must be under eighteen (18) and over thirteen (13), can claim ownership or interact with the NFT is through a crypto wallet or a legal and authorised method their parent(s) or guardian(s) own. No minors under thirteen (13) can own or otherwise interact in any way with the NFT.

10.2. Both parties (“Seller” and “Buyer”) have a relationship of independent contractors with each other. This Agreement does not create agencies, joint ventures, joint enterprises, or partnerships between the parties. Neither party can legally bind the other party in any Agreement.

10.3. The Seller can amend this Agreement at any time and without absolute discretion, provided they give reasonable written Notice to the Buyer of the material amendments.
Should the Buyer continue using the NFT, artwork, experiences, or supporting digital assets after the Notice Of Amendment, it constitutes an acceptance of the amendments.

10.4. Should a competent court of law find any part or provision of this Agreements void, unenforceable, or illegal, it shall not affect any other provision of this Agreement, which remains in full force and effect.

11. Agreement

With purchasing any of the ConsciousEye NFTs (digital artworks) as advertised on the official website or social media channels of ConsciousEye – the Buyer agrees to the terms and conditions stated within this Agreement.

Version 01/01/2025