Terms & Conditions
ANKERUHR.ART is the exclusive worldwide holder of all Rights related to the work of “Ankeruhr”, notably the rights to reproduce, adapt and represent the work of “Ankeruhr”. In this capacity, ANKERUHR.ART has decided to launch the NFT tokenization of the famous character Imperial Couple Maria Theresia & Franz I. von Lothringen – short „MT-NFT“ . The collectibles to be issued (or dropped) up to a maximum of 3600 units, numbered between 0000 and 3599 (three thousand five hundred ninety nine). Each of the MT-NFT is unique and symbolizes one minute of the Ankeruhr hour 11:00-11:59, issued in Gold, Silver and Bronze and is not reproducible and only offered for sale via the genuine Website www.ankeruhr.art, www.ankeruhr.at and www.ankerclock.art. ANKERUHR.ART appoints the company Expertcode GmbH located at 1010 Vienna, Wallnerstrasse 3, registered with Handelsgericht Wien UID under number ATU ATU77198907 for carrying out activities and responsibilities in connection with the marketing and the sales of MT-NFT on its technological platform embedded in www.ankeruhr.art. ANKERUHR.ART allows you in compliance with the Smart Contract (as defined below) and in accordance with the conditions contained herein to participate, by buying, collecting, displaying, and selling MT-NFT via and among other NFT marketplaces and is made available to you by ANKERUHR.ART in high-quality resolution to be minted as an NFT via the Website (see definition below).
By clicking the “Connect your wallet” button, and/or using ANKERUHR.ART’s NFT Website, you confirm that you understand and agree to these terms and conditions, together with any documents / descriptions/ characteristics that may be expressly referred to and are incorporated by reference (“Terms”). These Terms constitute a legal agreement between you and ANKERUHR.ART and govern your access to and use of the Website, including any content, functionality, the MT-NFT purchases and services offered on the purchase of MT-NFT and/or one or more of the Ankeruhr Goodies placed on the website together with the attached NFT certificates, or through ANKERUHR.ART ’S Website (the “Website”). ANKERUHR.ART reserves the right to change or modify these terms at any time and at our sole discretion. You agree and understand that by accessing or using the Website following any change to these Terms, you are regarded as having agreed to the revised Terms.
In these Terms: “Applicable Law”: Any law, rule, statute, subordinate legislation, regulation, by-law order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgement, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to these Terms), property, transaction, activity, event or other matters, including any rule, order, judgement, directive or other requirement or guideline issued by any governmental or regulatory authority; “artèQ”: artèQ as brand name is used by eXpertcode GmbH for art related activity. eXpertcode GmbH is the technical and blockchain producer of ANKERUHR.ART responsible for implementing this NFT Project. eXpertcode GmbH, based in Austria, is the seller of the MT-NFT. Its technological platform and payment gateway will be used for sales of the MT-NFT. eXpertcode GmbH is bound by a cooperation, technical and payment service contract with ANKERUHR.ART. eXpertcode GmbH shall invoice all customers of MT-NFT from the Austrian Territory on behalf of the Parties and shall collect payment from such customers on behalf of the Parties. “Blockchain”: Blockchain is a growing list of records, called blocks, that are securely linked together using cryptography. Each block contains a cryptographic hash of the previous block, a timestamp, and transaction data. The Ethereum blockchain is used for the MT-NFT and the Polygon Mainnet blockchain is used for MT-NFT certificate. “Connect your wallet form”: The web pages or pop-ups displaying the registration form in which personal and other information is entered including connecting your wallet. “Non-fungible token” “NFT”: NFT (or Non-Fungible Token) is a technology that allows digital certification and authentication of an asset (in this case, one of the most famous tourist attraction in Vienna - the “Ankeruhr”) in order to establish its ownership and the use that is made of it. Each NFT can only have one official owner at a time and they are secured by the Polygon blockchain – no one can modify the record of ownership or copy/paste a new NFT into existence. On the contrary, NFT are unique, although there may be multiple “editions” of a particular work of art or collectible available for sale, each evidenced by its own NFT. The multiple editions do not impact the non-fungible quality of the NFT. As such, every single MT-NFT will receive its own ID and is therefore by definition, unique on the blockchain as a Non-Fungible Token (NFT).
“Parties”: The Parties means ANKERUHR.ART and eXpertcode GmbH. “Sales Item(s)” means any one or more of the following without limitation:
- Any digital work of art (including without limitation, designs, drawings, prints, images in any form or media, including without limitation videos and photographs);
- Audio files;
- Collectibles (digital and non-digital);
- Memorabilia (digital and non-digital);
- Digital add-ons or extras, goodies;
- Games/other digital assets;
- ID tokens : from 0 to a maximum of 3599 (the number of MT-NFT (solely digital) actually sold on the Closing date, which cannot exceed 3,600 units). The last ID Token number will represent the number of MT-NFT issued and minted.
- Unique number between #0000 and #3599 randomly assigned to MT-NFT (solely digital)
- GPS coordinate (static) – Ankeruhr location.
- They will be minted in Gold, Silver or Bronze, where the frequency of an hour between 11:00 and 11:59 will be: 60 Gold MT-NFT, 540 Silver MT-NFT and 3000 Bronze MT-NFT. Each MT-NFT is offered for EUR 99 incl. VAT and each buyer will receive his minute and color MT-NFT randomly after the drop on 16th October 2023.
“Utilities and extras”: Unlockable content, i.e., content that is only accessible to those who hold a particular MT-NFT. Such content can be anything; from higher resolution versions of the NFT’s image, video and related materials, access to secret communities, or even simple discount codes and other digital add-ons, all of which are potential forms of unlockable content. “Wallet”: To buy, hold and transfer a MT-NFT, a wallet must be open or created with a third provider which supports the MT-NFT format. Wallets also allow users to send, receive, and spend cryptocurrency. It also needs to support the currency used to buy and sell MT-NFT, such as Ether. Your account (see article below) will be linked to your wallet. ”We/us/our” means ANKERUHR.ART, a project implemented by eXpertcode GmbH. “Website - Website/related websites”: The NFT pages on www.ankeruhr.art which are customised to the specific NFT campaign or drop, and guides users through each step to discover, buy, collect, or sell MT-NFT. The Website communicates with the two (2) platforms, payment gateways and the designated wallet via the networks/websites (“related websites”) managed by (i) www.ankeruhr.art for the purchase of MT-NFT.
- Use & Eligibility
ANKERUHR.ART has sole and absolute discretion to allow or refuse you access to entire/some restricted areas of the Website. By agreeing to these Terms, you represent and warrant that:
- You are at least 18 years of age.
- You have the full right, power, and authority to agree to these Terms.
- You are not impersonating any other person.
- You will not use the Website if any Applicable Laws in your country prohibit you from doing so in accordance with these Terms.
- You are compliant with all Applicable Laws to which you are subject.
- User Account
You must connect your wallet and create an account (“Account”) to purchase a Sales Item. To create an account, we will require you to provide certain information about yourself, (including linking your wallet), and we may, at our sole discretion, require you to provide further information and/or documents at any stage during your use of the platform. We may, at our sole discretion, refuse, decline, suspend or disable your access to, or use of the Website. By registering on the Website and completing the registration form, the User agrees to be careful to provide correct, precise, and complete personal information. If there are any changes to this personal information the User will update the details held by the Website to ensure that they remain correct, complete, and up to date. The User agrees not to use another person’s identity or to use a false name. If some of the information provided by the User is false or imprecise, the Website reserves the right to suspend or cancel access to restricted areas of the Site. A person may only register once as a user on the Website and confirm with their registration that he/she is not yet registered.
- Changes to the Website
We may at our absolute and sole discretion change, update, amend, remove, or discontinue any part of the Website, the services, the Utilities/Extras and the Contents (as mentioned below) at any time without prior notice to you.
By buying a Sales Item, (Extras), through the order process, on the Website and related networks/websites, you agree to pay all applicable fees, taxes, duties, or costs as stipulated in the FAQ and on the checkout screen at the time of your purchase. ANKERUHR.ART and/or its payment gateway/service partners (www.ankeruhr.art) will include in the Sales item/NFT prices the taxes applicable to your purchase. www.ankeruhr.art and eXpertcode GmbH shall be responsible for compliance with Value Added Tax Laws within their own Member States. With respect to all Sales Items from their respective platforms/payment gateways, www.ankeruhr.art shall be responsible for raising sales invoices to you, charging VAT if required, and remitting all Value Added Taxes required by law to appropriate authorities. eXpertcode GmbH collects all the payments for the sales of MT-NFT in its name and on behalf of the Parties.
We hereby grant you a limited, non-exclusive, non-transferable, revocable authorisation to access and use the Website and content. Our grant of such authorisation is subject to the following conditions. You undertake not to (and shall not, knowingly, or otherwise, authorise, allow or assist any other party to):
- Use the Website/related websites, or your Account to conduct electronic spamming or otherwise distribute any unsolicited or unauthorised advertising, promotional or marketing material, junk or chain messages.
- Use the Website/related websites, or your Account to perform unlawful activities which violate any Applicable Laws (including but not limited to money laundering, terrorist financing and/or fraudulent activities) or immoral activities
- Use the Website/related websites, or your Account to engage in any activity which operates to defraud ANKERUHR.ART , other users, or any other person, or to provide any false, inaccurate, or misleading information to ANKERUHR.ART
- Use the Website/related websites, or your Account to upload content that contains or is infected with viruses, malicious codes, Trojan horses, is immoral or illegal or contains any other harmful or deleterious programmes.
- Modify or adapt the whole or any part of the Website/related websites or incorporate the Website into any other programme or application.
- Disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the Website or any components thereof.
- Use the Website/related websites, or your Account in any manner that would lead to infringement of our or any third party’s intellectual property rights, including without limitation any copyright, patent or trademark. You undertake not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon our intellectual property interests.
- Use the Website/related websites, or your Account in a way that could damage, disable, impair or compromise the Website/related website or interfere with other users or affect the reputation of ANKERUHR.ART .
- To take any action to gain or attempt to gain unauthorised access to the account or wallets of other users.
- Take any action that imposes an unreasonable or disproportionately large burden or load on ANKERUHR.ART ’s infrastructure (including, but without limitation to our servers, networks, data centres and related or like equipment) and detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of ANKERUHR.ART .
- Engage in any other activities deemed inappropriate by us or which are in contravention of these Terms or any Applicable Laws; and/or
- Provide false, inaccurate, incomplete, or misleading information to ANKERUHR.ART or any of its Affiliates or third-party service providers.
There is no Whitelisting for this Ankeruhr NFT project.
- Intellectual Property
Unless otherwise indicated by us, the Website, all content, and other materials contained therein, including, without limitation, the ANKERUHR.ART logo, and all designs, text graphics, pictures, information, data, software, and files relating to ANKERUHR.ART ’s Website and NFT (the “Content”) are the proprietary property of ANKERUHR.ART. ANKERUHR.ART ’s logo and any content, product or service names, logos, or slogans which may appear on the Website/related websites or elsewhere are the proprietary property of ANKERUHR.ART and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Unless otherwise stated, you may not use any Content without our express written permission. We reserve the right to suspend or terminate any Account that has actually or allegedly infringed upon our intellectual property rights.
- Purchase a Sale Item/right to withdraw
The purchase of a Sales item is only possible after successful registration on the Website and related websites. Registration requires the verification of your e-mail address. By confirming your e-mail address, you will also be accepting these Terms. You may purchase a Sales item through the checkout process on the relevant pages of the Website and related websites. Your purchase is also subject to the rules available on the Website’s FAQ. There is no statutory right to withdraw from your purchase of MT-NFT as these are intangible/collectible assets. As for the purchase of the print and the related MT-NFT certificate, you have a withdrawal right for, your purchase provided that:
- You have not used the code for minting the certificate on the blockchain;
- You exercise your rights within a 14-day period from paying your MT-NFT.
- Your Ownership of the NFT and access to the utilities
All copyrights, trademarks, product names, and logos on the Website/related websites relating to and including the NFT, are the property of ANKERUHR.ART and may not be copied, imitated, or used, in whole or in part, without its permission. When you buy a Sales Item on ANKERUHR.ART ’s website and related websites, you have - for so long as you own the relevant NFT - the right to:
- Sell the NFT on the secondary market.
- Exchange the NFT on the secondary market.
- Display the NFT on a marketplace on the condition however, that there is no direct or undirect monetary consideration therefrom.
- Use the NFT (a) for your own personal and non-commercial use only (without prejudice to sub 1 – sub 3) equivalent to the private copying concept (b) as part of a NFT marketplace that permits the purchase, sale and display of your MT-NFTassociated or not to the Print; (c) as part of a third party website or application which allows you to search, promote or store your NFT.
- Limitation of Services/Account Closure/Termination
We reserve the right, without notice and at our sole discretion, to terminate or suspend your access to or use of the Website and any content and/or close your Account, at any time for legitimate reasons, in particular, if we suspect in our sole discretion that:
- Your Account is being used for illegal activity.
- You have concealed or provided false information.
- You have engaged in fraudulent activity; and/or
- You have engaged in activity in violation of these Terms.
The Website and any services provided via the Website / related websites are provided “as is” and “as available” without warranty of any kind. You understand and agree that your access and use of the Website/related websites when buying an NFT is subject to certain risks including without limitation
- Price and liquidity of blockchain assets, including the NFT, are extremely volatile and may be subject to fluctuations.
- Fluctuations in the price of other digital assets could materially and adversely affect the NFT.
- Legislative and regulatory changes or actions may adversely affect the use, transfer, and value of the NFT.
- NFT are not legal tender and are not backed by any government.
- Transactions involving NFT may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable.
- The value of an NFT may be derived from the continued willingness of market participants to exchange Fiat and other crypto currency or digital assets for NFT, and therefore the value of NFT are subject to the potential for permanent or total loss of value should the market for NFT disappear.
- NFT are subject to the risk of fraud, counterfeiting, cyber-attacks and other technological difficulties which may prevent access to or use of your NFT. You are solely and entirely responsible for managing your own wallet that contains your MT-NFT.
Except as expressly provided to the contrary in writing by us, the Website, content contained therein, and the NFT listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. We make no warranty that the Website/related websites will (1) meet your requirements; (2) be available on an uninterrupted, timely, secure, or error free basis; or (3) be accurate, reliable, complete, legal, or safe. We will not be liable for any loss of any kind from any action taken, or reliance on material or information contained on the Website or related websites. We do not represent or warrant that any content on the Website is accurate, complete, reliable, current or error free. While we attempt to make your access to and use of the Website and content safe, we do not represent or warrant that the Website, content, any NFT listed on the Website, or any other part of the Website are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You acknowledge and accept the inherent security risks of providing information and dealing online over the Internet. We will not be responsible for any breach of security unless it is due to our gross negligence. We will not be responsible or liable to you for any losses and take no responsibility for, and will not be liable to you for, any use of the NFT including but not limited to, any losses, damages, or claims arising from: (1) user error such as if you forget your password(s), incorrect transactions, or mistyped addresses; (2) server failure or data loss; (3) corrupted wallet files; (4) loss of an NFT or its not-activation or non-use. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, terms-TITLE AND NON-INFRINGEMENT AS TO THE WEBSITE AND CONTENT CONTAINED THEREIN. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANKERUHR.ART BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE WEBSITE/RELATED WEBSITES, SALES ITEM OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF THE WEBSITE/RELATED WEBSITES, SALES ITEM OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS AND USE OF THE WEBSITE, NFT CONTENT OR ANY SALES ITEM OR SERVICES PURCHASED ON THE SITE EXCEED THE FACE VALUE OF EACH MT-NFT. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO THE LIABILITY OF THE PARTIES FOR PERSONAL INJURY CAUSED BY THE PARTIES’ NEGLIGENCE OR ANY INJURY CAUSED BY ANKERUHR.ART ’S FRAUD OR FRAUDULENT MISREPRESENTATION.
- Amendment and Variation
These Terms may from time to time be updated or amended. We will post any such updates on the Website. Such updated Terms as posted will take effect immediately unless otherwise indicated. You should check the Website regularly to familiarise yourself with any such changes. In addition, we may at any time change, add or remove any feature or functionality of the Website without prior notice. By continuing to use the Website after any such changes have taken effect, you are indicating your acceptance of the updated or amended Terms as well as your acceptance of the updated Website. If you do not wish to be bound by any changes or amendments to these Terms then you should stop using the Website immediately.
- Transfer, Assignment or Delegation
Unless otherwise stated herein, these Terms, and any rights and obligations and licences granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned or delegated by you to any third party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction, including without limitation to any of the entities within the ANKERUHR.ART group, or to any successor with an interest in any businesses associated with ANKERUHR.ART ’s Website. Any attempted transfer or assignment in violation hereof shall be null and void.
If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws. 20. Entire Agreement/Translation These Terms constitute the entire agreement between the parties regarding its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, (whether oral or in writing, express or implied). Each party acknowledges that in agreeing to these Terms it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms. These Terms are concluded in the English language and all communications including any notices or information being transmitted shall be in French and English. In the event that these Terms or any part of them are translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail.
These Terms shall not be waived in whole or in part except where agreed by the parties in writing. The delay of enforcement or the non-enforcement of any of these Terms by any party shall not be construed as a waiver of any of the other rights of that party arising out of the breach or any subsequent breach of any of these Terms and no right, power or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
- Notices and Communications
By using the Website/related websites, you agree that we may provide you with notices or other communications, including marketing, relating to your use of the Website/related websites electronically: (a) via e-mail (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting on the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us. Notices to us should be sent electronically to ANKERUHR.ART ’s e-mail address firstname.lastname@example.org.
- Governing Law and Jurisdiction
These Terms are governed by and shall be construed in accordance with the laws of Austria without regard to any choice or conflict of legal rules. Any dispute, controversy, or claim, whether contractual or non-contractual, arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, or any other issue which shall arise in virtue of these Terms, shall be referred to, ruled and finally settled by the Court of Vienna.