Terms of Service

Terms and Conditions (“T&C”, “Terms”) issued by Jackson Art Labs LTD (incl. Art Heads NFT)

Jackson Art Labs LTD is the creator/owner of the Art Heads NFT collection and any reference herein to “Art Heads NFTs”, the “Art Heads NFTs team”, “us”, “we”, “our”, the “Project”, etc. (with or without the logo) will imply Art Heads NFT by Jackson Art Labs LTD. By attaining an Art Heads NFT you are explicitly accepting these T&C (with the proof of acceptance recorded in your order, which is publicly visible on the Ethereum blockchain).

Art Heads is a collection of digital illustrations in the form of NFTs running on the Ethereum Blockchain. The Art Heads website: www.artheadsnft.com (the “Site”, “website”) is only an interface allowing participants to attain digital collectibles. Users are entirely responsible for the safety and management of their own private Ethereum Network wallets and validating all transactions and contracts generated by this website before approval or engaging with us. Furthermore, as the Art Heads NFT smart contract will run on the Ethereum Blockchain, there is no ability to undo, reverse, or restore any transactions.

Jackson Art Labs LTD is a Limited Company. This website and its connected services (including Art Heads) are provided “as is” and “as available” without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving Art Heads digital collectibles.

As a responsible operator we remind you that:

1) NFTs are not currently endorsed by any financial institution, nor government, nor are they regulated.

2) The NFT market is brand new, with no clear and stable expectations.

3) NFT ownership/trading is highly risky and is not suitable for most people.

4) Due to the formulation or modification of national laws, regulations, and regulatory documents, digital asset transactions/ownership (including NFTs, Crypto, etc.) may be suspended or prohibited at any time.

5) Blockchain technology and Non-Fungible Tokens (“NFT”) represent a novel technology that is fast evolving, with existing laws and application of existing laws unclear, impractical, and with little to no guidance available, depending on a users country.

  1. What are Art Heads

Art Heads refers to the original collection of 5,000 Art Heads themed/styled illustrations that will be minted as NFTs on the Ethereum Blockchain. Art Heads NFTs can be used as avatars, profile pictures, etc, and will have a series of collectible/illustrations traits. Traits are distinguishing characteristics and proprietary individual illustration files associated with each Art Heads NFTs. These traits include, but not limited to, Backgrounds, Faces, Skins, Tops/Headwear, and accessories for each of the Art Heads NFTs.

  1. Art Heads are NOT an investment asset

Art Heads are collectible digital illustration pieces that also function as fun and NFTs for people to collect. They are created as such and intended for people to enjoy collecting (e.g., use as a profile picture, avatar, on their T-shirt, as a sticker, etc.). They are NOT a financial instrument, investment asset, or anything equivalent/similar (no matter how it might be referred to in other jurisdictions). Art Heads makes absolutely no representations nor claim anything that can be perceived as “value” or “investment” related. You explicitly acknowledge that you make no expectations of “yield”, “profit”, or “investment” by attaining an Art Heads NFT. This is a collectible, that should only be attained if you love its illustration and only for fun.

  1. Ownership and rights

3.1 What you own: General

You own the NFT. Each Art Heads NFT is an NFT on the Ethereum Blockchain. When you attain an NFT, you own the underlying Art Heads NFT illustration completely. Ownership of the NFT will be mediated by the future Smart Contracts, various NFT Marketplaces, and the Ethereum Blockchain: at no point may we seize, freeze, or otherwise modify the ownership of any Art Heads NFTs (once it has been transmitted).

3.2 What you own: Personal use

Subject to your continued compliance with these Terms, Jackson Art Labs LTD grants you a worldwide, royalty-free license to use, copy, and display the attained Art Heads NFT, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal use, non-commercial use and (ii) as part of a Marketplace that permits the purchase and sale of your Art Heads NFT (provided that the Marketplace is also compliant with our Terms).

3.3 What you own: Commercial use

Subject to your continued compliance with these Terms, Jackson Art Labs LTD grants you an unlimited, worldwide license to use, copy, and display the purchased NFT for the purpose of creating derivative works based upon the NFT (“Commercial Use”) you own. Examples of such Commercial Use would e.g. be the use of the NFT to produce and sell merchandise products (T-Shirts etc.) displaying copies of the NFT. For the avoidance of doubt, nothing in this Section will be deemed to restrict you from (i) owning or operating a Marketplace that permits the use and sale of Art Heads generally (provided that the Marketplace is also compliant with our Terms); or (ii) earning revenue from any of the foregoing.

3.4 What you own: Termination of ownership

By holding an Art Heads NFT you gain full and complete ownership of your NFT as well as potentially receiving subsequent opportunities available to Art Heads holders (to be decided/announced). All NFTs ownership will be verified cryptographically on the Ethereum Blockchain. This is proof of ownership and grants the rights specified within this Section. Once the NFT leaves your ownership, all personal and commercial use terms are revoked and transmitted to the new owner.

3.5 What we own

The intellectual property that involves Art Heads and its brand, illustration, logo, website imagery etc. is owned by Jackson Art Labs LTD. All rights that are not specifically granted to the users and owners of Art Heads NFTs below are reserved by the Art Heads team / Jackson Butchart. This includes but is not limited to the intellectual property rights surrounding the Art Heads name, brand, logo, illustration layer files, design, look and feel of the Art Heads, the website, the smart contract code, or anything else not specifically granted by any following licenses. Jackson Art Labs LTD may use selected NFTs for the Art Heads project’s promotional purposes even if they have been reserved.

Jackson Art Labs LTD other than the rights to the NFT, nothing herein gives you any rights to any other Trademarks or other intellectual property rights belonging to Jackson Art Labs LTD including, without limitation, to Jackson Art Labs LTD and Art Heads, and the associated logos and illustrations. All of these rights are expressly reserved in the name of Jackson Art Labs LTD.

  1. General Provisions
  1. You comply with all laws, regulatory requirements, guidances, rules and so on, as they are applicable to you and give all of the undertakings and warranties in these T&C on behalf of yourself and any person on whose behalf you are acting.
  2. You have undertaken all inquiries and conducted all due diligence and taken such legal accounting and tax advice as you consider appropriate and acknowledge that the acquisition, possession or use of certain tokens may be prohibited or restricted by applicable laws, regulations, or rules in your local jurisdiction.
  3. To the extent you are subject to any restrictions which apply to the purchase, receipt, possession, exchange transmission, of any NFT tokens in any jurisdiction, you will observe and comply, and continue to observe and comply, with all such laws, regulations and restrictions at your own expense and fully and effectively indemnify and hold Jackson Butchart safe, its officers, members, shareholders, employees and agents, in relation to any losses demands or claim(s) resulting from your failure to do so.
  4. All fiat / tokens consideration and value provided by you for any NFT tokens are not related to any unlawful activities, including but not limited to money laundering, terrorist financing, tax evasion, or other unlawful activity.
  5. You will not procure promote or encourage through, or use the NFT tokens to finance, engage in, or otherwise support unlawful activities in any territory, and that all payments in fiat or tokens will be made by you only, in your name, lawfully authorised by you, from a digital wallet or bank account in accordance and compliance with all applicable local laws, regulations, rules and restrictions as may apply to such payments or transfers from time to time
  6. You are familiar with NFTs and how they work and that you fully understand these T&Cs and precisely what you are acquiring.
  7. You are confident that you know enough about NFTs, smart contracts and the blockchain to be able to make an informed decision about whether to bid for, buy or reserve an NFT
  8. You recognize the novel and evolving technology law and regulation relating to NFT Tokens (including Art Heads NFTs). This is especially true on the Ethereum blockchain, which is under development.
  9. You do not obtain any the right to distribute or otherwise commercialize the NFT (unless subject to Art Heads T&C, a future Art Heads Marketplace T&C, and the applicable Royalties charge).
  10. Not seek to hide your intentions or circumvent any rules that the Art Heads team has set.
  11. Only reserve NFTs for its illustration and not for speculative / investment purposes.
  12. You will comply with all laws, regulatory requirements, and rules as are applicable to the acquisition exchange ownership, possession, use, sale, purchase or transmission of the particular NFT you are proposing to acquire and, if you sell it onword, ensure that your buyer is also made aware and accepts these T&C.
  13. You acknowledge that even if you have purchased one or more Art Heads NFT NFTs, the Art Heads NFT project / Jackson Butchart might still use those images for promotional/commercial purposes or for enabling future utility.
  14. You are not a US or Chinese citizen, or any other citizen or company that cannot participate in the NFT / crypto markets or to which NFT / crypto offerings cannot be made without local regulatory approval. To our knowledge, US citizens are not allowed to participate in certain markets and certain offerings cannot be made to US citizens (as per applicable US legislation). Therefore Art Heads are not available for US citizens. This also apply to other citizens that are not legally permitted to hold NFTs (such as mainland Chinese citizens, etc.). It is your responsibility to ensure you are in compliance with your laws and do not abuse the terms of this website.
  15. We are not addressing underage individuals. You agree that you are over the age of 18, or above the legal age of your jurisdiction (whichever is greater).
  16. ‍If you are aware of any suspicious activities that make use or plan to use the Art Heads project in unlawful / deceitful way you will report them promptly to us.
  17. You are not a Politically Exposed Person or “PEP” (or whatever other name this designation has in another jurisdiction)

 

  1. Your Obligations

You are solely responsible for your own conduct while accessing or using this website, and for any consequences thereof. You agree to use the website only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to:

  1. Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or otherwise objectionable content.
  2. Distribute viruses, worms, defects, trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.
  3. Impersonate another person(s) or projects/organizations that you do not represent/own.
  4. Upload, post, transmit or otherwise make available through the website any content that infringes the intellectual property or proprietary rights of any party or otherwise violates the legal rights of others.
  5. Engage in, promote, or encourage illegal activity (including, without limitation, money laundering, tax evasion, terrorist financing, etc.).
  6. Interfere with other users’ use of the website.
  7. Use the website for any unauthorized commercial purpose.
  8. Modify, adapt, translate, or reverse engineer any portion of the website.
  9. Remove any copyright, trademark or other proprietary rights notices contained in or on the website or any part of it.
  10. Use any technology to collect information about the websites for any unauthorized purpose.
  11. Access or use the website for the purpose of creating a product or service that is competitive with any of our products or services.

 

  1. Risks

By acquiring, holding and using an NFT, you expressly acknowledge and assume all risks associated with an NFT (currently known and potential future / unknown risks, including technological risks, operational risk, hacking risks, legal risk, tax risk, and so on).

 

Similarly, you expressly acknowledge and assume all risks related to the Ethereum blockchain, the Art Heads NFT technology (in its code or wider), or any other system in relation to the use/operation of your NFT. For example, if security vulnerabilities/exploits or mishandlings (either malicious or unintentional) where to be found and exploited or misused, as a result of the Ethereum Network itself, or the Art Heads NFTs itself, or any other computer / operating system used and if this cause any type of damage/loss of profit to you then you agree to hold the Art Heads harmless from this.

This is especially true for the Ethereum blockchain which is under development and such unforeseen consequences may occur.

You accept and acknowledge each of the following:

  1. To the extent that you sell your Art Heads NFT, please be aware that the prices of NFTs are extremely volatile and fluctuations in the prices of other NFTs and impact the price of your Art Heads both positively and negatively. Given the volatility, NFTs such as Art Heads should not be considered an investment. You assume all risks in that connection.
  1. Ownership of a Art Heads NFT confers ownership of digital illustration only. Accordingly, no information on this website (or any other documents mentioned therein) is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, nothing on this website qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. Due to the artistic nature of the project, Jackson Butchart has not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the Art Heads and the associated illustration is in compliance with laws and regulations in your jurisdiction.
  1. You assume all risks associated with using an Internet-based currency/cryptocurrency / virtual currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet.
  1. NFTs, cryptocurrencies, and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your Art Heads. You understand and accept all risk in that regard.
  1. You assume all responsibility for any adverse effects of disruptions or other issues impacting Jackson Art Labs LTD, the Art Heads NFT platform or coding / programing error in relation to the NFTs.
  1. Taxes

‍It is the buyer’s responsibility to ascertain and pay all taxes due, which may arise from secondary sales, selling, owning or interacting with Art Heads NFTs.

 

  1. Royalties

‍Will be set at 10% and enforceable via the trading system (via us) or in the future via various NFT Marketplaces.

‍

  1. Transactions

If you elect to acquire an Art Heads NFT through the Art Heads NFT website, NFT Marketplaces, any financial/crypto transactions that you engage in will be conducted solely at your own discretion. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the Ethereum Blockchain.

The Ethereum Network requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on Art Heads NFTs. The Gas Fee funds the network of computers that run the decentralized Ethereum Network. This means that you will need to pay a Gas Fee for each transaction.

  1. Transfer of ownership

‍11.1 Initial reservation | the project’s current stage

‍Art Heads are available at a free mint price, however, there will be gas fees as specified above. Jackson Art Labs will hold 500 Art Heads NFTs from the initial supply.

Even if we see no risk with the initial reservation of Art Heads NFTs (see above why), we are aware that in the resell market (i.e. owners selling privately, auctioning, donating, etc.), potentially higher fiat or crypto amounts could be transacted. This resell is typically beyond our control, but we want to take reasonable steps to ensure all is in good legal order and that we do not create risks.

We understand that people might want to trade their Art Heads NFT, to other willing buyers. If that is the case, this can be done via, and must be compliant with, NFT Marketplace Standards.

‍12. Limitation of liability

  1. To the fullest extent permitted by law, you agree that in no event will Jackson Art Labs LTD / Art Heads be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these terms or the service, products 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 strict liability or tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if Jackson Art Labs LTD, Art Heads NFT or a Art Heads NFT Marketplace or its service providers have been advised of the possibility of such damages; or for any other claim, demand, or damages whatsoever resulting from or arising out of or in connection with these terms of the delivery, use, or performance of the service. Access to, and use of, the service, products 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 mobile device or loss of data resulting therefrom.

 

  1. Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of Jackson Butchart arising out of or in any way related to these terms, the access to (or inability to access to) and use of the service, site, content or NFTs or the provision of any service, whether in contract, tort, strict liability, or any other legal theory, is strictly limited to the greater of: (i) $250 or (ii) the crypto or fiat amount received by us for our service directly (at the time the service was rendered) relating to the items (i.e. NFTs) that are the subject of the claim, in the 3 month period preceding the date of the claim arose.

 

  1. You expressly understand and agree that your access to and use of the website is at your sole risk, and that the website is provided “as is” and “as available” without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we make no express warranties and hereby disclaim all implied warranties regarding the website and any part of it (including, without limitation, the website, any smart contract, future smart contract, or any external websites), including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. Without limiting the generality of the foregoing, we, our subsidiaries, affiliates, and licensors do not represent or warrant to you that: (i) your access to or use of the website will meet your requirements, (ii) your access to or use of the website will be uninterrupted, timely, secure or free from error, (iii) usage data provided through the website will be accurate, (iii) the website or any content, services, or features made available on or through the website are free of viruses or other harmful components, or (iv) that any data that you disclose when you use the website will be secure.
  1. You accept the inherent security risks of providing information and dealing online over the internet and agree that we have no liability or responsibility for any breach of security.

‍

  1. We will not be responsible or liable to you for any losses you incur as the result of your use of the Jackson Art Labs LTD nor do we have no control over and make no guarantees regarding any Smart Contracts or future Smart Contracts.

‍

  1. You understand and agree that we will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which you may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data,cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages.

‍

  1. You acknowledge and agree that we have made the website available to you and entered into these terms in reliance upon the warranty disclaimers and limitations of liability set forth herein. We would not be able to provide the website to you without these limitations.

 

  1. Other T&Cs:
  2. Please observe our Data Protection Policy
  3. Please observe our Cookie Policy
  4. Please note that typically “force majeure” clauses apply
  5. Jackson Art Labs LTD(the creators of Art Heads) is subject only to the laws of British Columbia, Canada (under which it has been incorporated in). By attaining an Art Heads NFT or interacting with us, notwithstanding the provisions under the “Dispute Resolution and Arbitration” Section, you explicitly agree that the Courts and the Laws, of the Province under which Jackson Art Labs LTD has been incorporated, will have sole jurisdiction over any legal matters (irrespective of any other jurisdictional claims, that you at your sole discretion have explicitly waived by interacting with us/by attaining an Art Heads NFT).

By reserving/purchasing/selling/buying/donating of an Art Heads NFT NFT (or a NFT reservation) you declare that you comply with all T&Cs enclosed herein. Generally, you are declaring and acknowledging that you are acting in good faith and comply with all applicable laws, you are not sanctioned and declare that the money used in connection to any sale/donation/reservation comes from legitimate sources and the intention of every dealing with us (or with a potential future buyer of the NFT) is legitimate. You are not connected (directly or indirectly), nor plan to facilitate any type of illegal activity by way of a Art Heads NFT NFT. This applies to you as a holder of the NFT and to any other persons that might purchase the NFT from you (i.e. they need to comply with the same T&Cs as here). Lastly, you acknowledge that you are purchasing a NFT for fun / its illustrations / as a collectable and NOT as a investment product of any form.

  1. Feedback

You may choose to submit comments, bug reports, ideas or other feedback about the website or our services, including without limitation about how to improve the website or our services or NFT collection (collectively, “Feedback”) on our email address (artheadsnft@gmail.com) or on our Social Media addresses. By submitting any Feedback, you agree that we are free to use such Feedback in any way we choose without additional compensation to you and you hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license to incorporate and use the Feedback for any purpose.

  1. Hold harmless / indemnification

You agree to hold harmless and indemnify Jackson Butchart, Art Heads NFT and its subsidiaries, affiliates, officers, members, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the website, or (iii) your violation of applicable laws, rules or regulations in connection with your access to, use of the website and / or reservation of Art Heads NFTs.

  1. Changes to the Terms and Conditions

We may revise these T&C from time to time, but the most current version will be available on our website. You are responsible for reviewing and becoming familiar with any such modifications. Revisions may be material and are at the sole discretion of Art Heads. By continuing to access our website and holding / transacting any Art Heads NFT NFTs you agree to be bound by the most current T&C. If you do not agree to any revised/updated/current T&C, you may not access or use the website, our services or NFTs.

  1. Conclusion

You acknowledge and agree with all the above T&C.

You will only trade your Art Heads NFT in accordance with the T&Cs and only a) via us (temporarily) and b) in the future via NFT Marketplaces (which is likely to have their own T&Cs).

If you breach any of the T&C that entitles us to refuse to complete, to terminate or to cancel all and any agreements we have with you or process any sale, deliver any NFT’s or register you to bid for any NFT you will have no recourse against the Jackson Art Labs LTD / Art Heads team for doing so. 

Generally speaking, we disclaim all responsibility if you act illegally, unlawfully, deceitfully or break any of the T&C and you have hold us harmless from claims and their associated costs (subject to these T&C).

The right of final interpretation of the Terms and Conditions is owned by Jackson Butchart.

Contact: artheadsnft@gmail.com

Art Heads NFT is an NFT collection created by Jackson Art Labs LTD. All Rights Reserved.