Tickets & Visitors Terms and Conditions
These Terms and Conditions set out the terms, conditions and rules for:
1. The purchasing of NFTs for accessing the festival tickets by the Purchaser
2. Claiming the tickets for the Festival by the NFT Holder
3. Access to the Festival and/or Venues by the Ticket Holder
1. Scope
These Terms and Conditions apply to all Purchasers of the NFTs, NFT Holders and Ticket Holders accessing the Festival and/or Venues (hereinafter referred to as “you” or “your”) organized and operated by Showopp, Inc., DBA DADA, a limited liability company organized under the laws of the United States (hereinafter referred to as “Organizer”, “us”, “our” or “we”).
These Terms and Conditions govern the relationship between you and us with respect to purchasing NFTs, claiming the Tickets and accessing the Festival and/or Venues. You should also consider terms and conditions of any pages linked thereof with respect to purchasing NFTs. It is your responsibility to review these Terms and Conditions and other applicable rules and policies before purchasing NFTs and/or claiming the Tickets.
Please read these Terms and Conditions carefully. Your purchase of NFTs, claim of the Tickets and access to the Festival and/or Venues is conditioned upon your acceptance of and compliance with these Terms and Conditions. By purchasing NFTs, claiming the Tickets and accessing the Festival and/or Venues, you agree to comply with and be bound by these Terms and Conditions, which together with other terms and policies incorporated herein by reference govern our relationship with you. If you disagree with any part of these Terms and Conditions or choose not to be bound by these Terms and Conditions, then you must not purchase NFTs, claim the Tickets or access the Festival and/or Venues.
In addition, by purchasing NFTs, claiming the Tickets, and accessing the Festival and/or Venues you are acknowledging and agreeing that: (1) you have read, understood and accepted these Terms and Conditions in full, (2) these Terms and Conditions form a binding agreement between you and us, and (3) you agree to bring these Terms and Conditions to the attention of others, if applicable, as set out below.
These Terms and Conditions are designed to ensure a fair, correct and efficient process of purchasing NFTs, claiming the Tickets, and accessing the Festival and/or Venues. The purchase of NFTs and retrieval of the Tickets are subject to these Terms and Conditions as well as to any other applicable laws pertaining to access to the Festival and/or Venues.
2. Definitions and Interpretations
shall mean a sales contract concluded between you as the buyer and us as the seller for the purchase of NFTs indicated by the Purchaser via the [TBD Platform], which enable claiming the Tickets via or through the Website and any pages linked thereof for the Purchasing Price.
shall mean the laws of the United States governing these Terms and Conditions.
shall mean any Person with legal capacity to enter into an Agreement in accordance with these Terms and Conditions.
shall mean the policy you must explicitly consent to and comply with when attending the Festival. It shall have the meaning as set out on the Website and these Terms and Conditions.
shall mean all intellectual property rights in the information or materials (whether digital or hard copy) provided to you in connection with the Festival.
shall mean areas as designated by us at which any part of the Festival takes place by which entry is only permitted subject to presentation of a valid and original Ticket and successful security check (if applicable).
shall mean the event organized by us referred to on the Tickets, whether physical or digital, known under the name “Historic NFT Festival” or “HNFT Fest”.
shall mean text, images and photographs, videos, audio recordings, audio-visual material and other content of the Festival submitted to the Website or created on the Festival and/or Venues, which may include you.
shall mean lost, stolen, counterfeited, non-readable, copied, altered, defaced, damaged, destroyed, defective Tickets, as well as Tickets received, allocated, delivered, exchanged, obtained, or otherwise acquired in violation of these Terms and Conditions.
shall mean an online platform accessible at https://doingud.com/ fully owned and operated by [DoinGud], on which Purchasers can purchase NFTs.
shall mean Ethereum mainnet and the underlying consensus protocol for such mainnet, generally recognized as the Ethereum blockchain, a sequence of blocks validated by the proof-of-work system, each linking to its predecessor all the way to the genesis block. Instead of having block size limits, Ethereum uses varying gas limits.
shall mean third party crypto wallet and private key manager selected by you, e.g., MagicLink Wallet, Ledger Wallet, Rainbow Wallet, Brave Wallet, Metamask Mobile, Metamask.
shall present an abbreviation for the Historic NFT Festival, an event and an experience for builders, founders, thinkers, creators, and enthusiasts that celebrate the Historic NFT community.
shall mean anyone who was refused admission or was evicted from the Festival and/or Venues in accordance with these Terms and Conditions, as well as anyone who refused to acknowledge and agree to our ethical guidelines and Code of Conduct.
shall mean any unforeseen extraordinary circumstances, cause or event beyond our reasonable control which has had, is having, or might have a major impact on the Festival being performed including but not limited to pandemic, lockdown or other sudden restrictive measures, fire, flood, earthquake, strike, lock-out, public health emergency, acts or regulations of government or other authoritative decisions, national calamity or riot, civil commotion, malicious damage, act of God, explosion, war, weather any cause or event arising out of or attributable to terrorism, safety and/or security reasons, or any other event (whether of a similar or dissimilar nature).
shall mean Ticket Holders who received the NFTs or the Tickets from either as a gift or on the Secondary Market.
shall mean [Ethereum-based tokens complying with the ERC-721 standard, ERC-1155 standard] or other similar “non-fungible” token standard. NFTs are intended to be “non-fungible” tokens representing a uniquely creative and collectible artwork with all the attached metadata. As such, they cannot be copied, subdivided or substituted with another NFT, the record kept on blockchain certifies authenticity and ownership over the metadata and overall token representation.
shall mean Showopp, Inc, DBA DADA, a limited liability company being organized under the laws of the United States as the main organizer of the Festival. “Person” shall mean an individual, partnership, firm, corporation, association, trust, unincorporated association or any other legal person.
shall mean a protocol and a framework for building and connecting Ethereum-compatible blockchain networks. “Privacy Policy” shall mean the policy you must explicitly consent to and comply with when accessing the HNFT Fest Platform. It shall have the meaning as set out on the Website and these Terms and Conditions.
shall mean items which are listed in Subsection 13.10.
shall mean the total purchase price for the Tickets offered by the Purchaser [in the process of auction and/or] instant purchase on the HNFT Fest Platform and any pages linked thereof.
shall mean any Person who is in possession of a valid NFT either obtained via the HNFT Fest Platform or the secondary market.
shall mean a program or a transaction protocol that runs on a selected blockchain network (i.e. Polygon network), and is intended to automatically execute, control or document legally relevant events and actions according to the terms of a contract or an agreement.
shall mean the terms to which sponsors of the Festival must explicitly consent and comply with when accessing the HNFT Platform and any pages linked thereof. It shall have the meaning as set out on the Website and in these Terms and Conditions.
shall mean those who provide financial contribution and support when they purchase the Sponsorship NFTs.
shall mean evidence of a personal revocable license provided by us to the NFT Holder and subsequently transferred to the Ticket Holder which subject to these Terms and Conditions grants the Ticket Holder the right to access the Festival and/or Venues as indicated on each such ticket.
shall mean any Person who is in actual and legitimate possession of the Ticket(s) including but not limited to NFT Holders, Purchasers and their Guests (if applicable).
shall mean any area within the Festival including but not limited to a hackathon, attraction, entertainment area or any other area designated by us in our sole and absolute discretion that may require, and which may include locations outside the official Festival Venue, which is the Reial Cercle Artistic de Barcelona: (i) an additional Ticket for access which may be at an additional cost; and/or (ii) a reservation (i.e. pre-determined date and time of access to Venues).
shall mean our official website on which NFT Holders can claim the Tickets, available at https://hnft.community, as well as all related sites, products, services, applications, and tools.
shall mean you as the Purchaser of the NFTs, NFT Holder and/or Ticket Holder accessing the Festival and/or Venues.
3. General Terms, Conditions and Rules
3.1. NFTs must be purchased and the Tickets must be retrieved according to these Terms and Conditions and any other terms and policies herein incorporated by reference in order to access the Festival and/or Venues.
3.2. By purchasing NFTs and/or claiming the Tickets you accept and agree to fully comply with these Terms and Conditions and any other terms and policies herein incorporated by reference.
3.3. The possession of a valid and original NFT is a mandatory condition to access the Tickets on the Website. The possession and the presentation of valid and original Ticket is a mandatory condition for a Ticket Holder to enter the Festival and/or Venues.
3.4. If you attend the Festival and/or Venues, you shall not cause any physical damage to property of us or any other attendee of the Festival and/or Venues, including any volunteers, Sponsors, Festival staff, or employees of the Venues. You are solely responsible for any such physical damage.
3.5. You agree to comply with the Terms and Conditions and any other terms and policies herein incorporated by reference, including but not limited to if you attend any element of the Festival and/or Venues: in person: any rules and procedures relating to health and safety, security and general use of the Venues, and/or digitally: the rules and procedures relating to advertising, acceptable user and content guidelines, anti-harassment policies, contribution and messaging policies, security and general use of the platform(s) selected by us at our sole and absolute discretion.
3.6. You agree to comply with all additional instructions from us when accessing the Festival and/or Venues.
3.7. You acknowledge that we may refuse you admission or evict you from the Festival and/or Venues without refund, notwithstanding the Applicable Law, if you: fail to comply with any of provisions set forth in these Terms and Conditions for whatever reason, represent a security risk, safety risk, nuisance or annoyance to the running of the Festival or the operation of the platform(s) selected by us at our sole and absolute discretion, violate or are deemed to violate our Code of Conduct, or for any other reason we deem pertinent or necessary prior or during the Festival.
3.8. Whilst we will take reasonable steps to ensure the accuracy of any information we provide to you relating to the Festival we give no warranty or representation as to the accuracy of completeness of the information, and any inaccurate information provided to you in connection with the Festival shall not entitle you to make any claim against us.
4. Intellectual Property Rights
4.1. You acknowledge that we own, or shall be deemed to own all intellectual property rights: in the Festival Materials, including but not limited to the design of the NFT Tickets, or generated or developed in connection with the Festival or otherwise pursuant to these Terms and Conditions.
4.2. You consent to us creating or generating Content. You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute the Content in any existing or future media. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
4.3. You acknowledge that by purchasing NFTs and/or claiming the Tickets, Purchasers and/or Ticket Holders receive no rights to use, license, assign or transfer our intellectual property rights including but not limited to our names, trademarks or logos. You agree that any unauthorized use, licensing, assignment or transfer or our intellectual property rights is a breach of these Terms and Conditions, and may result in a criminal offense under applicable laws.
4.4. You acknowledge that nothing in these Terms and Conditions grants you a right or license to use any trade mark, design right or copyright owned or controlled by us or any other third party except as expressly provided in these Terms and Conditions.
4.5. You acknowledge that you shall not take, transmit, record and/or transmit any sound, image and/or description of the Festival other than for your exclusive, private and domestic use or otherwise, if such dissemination or transmission is not conflict with our rights, good reputation, and does not infringe or interfere with the rights of other participants and third parties. We encourage the sharing and dissemination of material recorded and transmitted for educational and social purposes adhering to our values.
4.6. You acknowledge and agree that we or third parties acting on our behalf, may take photographs, videos or recordings of the Festival which may include you and by accepting these Terms and Conditions you hereby consent to us creating or generating such Content for our use, in line with our Privacy Policy, without any requirement for payment of money or other form of consideration.
5. Purchasing NFTs
5.1. For the purposes of these Terms and Conditions we are the primary sellers of the NFTs.
5.2. We will be selling the NFTs only via [and through the ETHBarcelona profile created on a DoinGud platform]. We will not be responsible for NFTs sold on any other platform and under any other name or profile thereof. We reserve the right to invalidate, revoke or otherwise void any tickets sold on the secondary market or through platforms different than the HNFT Fest Platform, including but not limited to situations where a seller breached these terms or otherwise abuses the good faith principle, acquires tickets to resell them at unreasonable cost or otherwise negatively impacts the organization and execution of the HNFT Fest.
5.3. Any offer or purchase for NFTs requires the Purchaser to connect a Digital Wallet compatible with the HNFT Fest Platform. When purchasing the NFTs, the Purchaser agrees and accepts the terms and the conditions of the HNFT Fest Platform and any other policies and terms specified on the HNFT Fest Platform.
5.4. We reserve the right to sell NFTs through different sale mechanisms and will make the NFTs available on the basis of an instant-buy. (hereinafter “Offers”), which will be open until such time as specified on the HNFT Fest Platform.
5.5. On the HNFT Fest Platform, the Purchaser agrees to provide all Personal Data required by the terms and conditions of the HNFT Fest Platform as well as by the Applicable Law (if any). The Purchaser warrants that all provided Personal Data is true.
5.6. It is the sole responsibility of the Purchaser to ensure that the acceptance of these Terms and Conditions is properly given, and the Payment is properly submitted to us in accordance with the instructions specified on the HNFT Fest Platform.
5.7. Submission of a correctly completed Payment to conclude an Agreement for the purchase of NFTs with us is binding for the Purchaser and executed through a verified smart contract.
5.8. The Agreement for the purchase of NFTs will be concluded and confirmed under these Terms and Conditions only after the successful processing of the payment for NFTs indicated in the Offer, in accordance with these Terms and Conditions as well as terms and conditions of the HNFT Fest Platform, and
5.9. Any potential inaccuracies concerning the purchase of NFTs, in particular with regards to their quantity and Purchase Price, shall be immediately notified to us in accordance with Section 20.
5.10. The Purchaser acknowledges and agrees that all NFT purchases made on the HNFT Fest Platform are final and that no cancellations will be permitted and/or refunds or exchanges given following the closure of the HNFT Fest Platform and successful purchasing of the NFTs. For the avoidance of doubt, Purchasers shall have no right of withdrawal when purchasing an NFT.
5.11. If demand for NFTs exceeds its supply, we may issue additional NFTs at our sole and absolute discretion. We reserve the right to issue NFTs under different conditions and sales mechanics.
5.12. We reserve the right to reject, nullify or cancel any Payment for NFTs or Claims for Tickets if we suspect illicit or unauthorized business or sale of the NFTs and/or Tickets.
6. Purchase Price
6.1. The Purchase Price of NFTs will be determined by us at our sole and absolute discretion and in accordance with terms and conditions of the HNFT Fest Platform available at: https://doingud.com/terms-conditions and any pages linked thereof.
6.2. We reserve the right to vary, amend or withdraw the Purchase Price at any time and without notice and without incurring liability. We will honor all NFTs for any Ticket purchased before the date the amendment takes effect.
6.3. Certain facilities and attractions at the Festival and/or Venues may be subject to additional charges and/or ticketing requirements including but not limited to access to selected performances, events, venues, etc.
7. Payment for NFTs
7.1. Payment for NFTs is subject to terms and conditions of the HNFT Fest Platform available at https://doingud.com/terms-conditions and any pages linked thereof which should all be observed in addition to these Terms and Conditions.
7.2. After the Purchaser selects the NFTs he/she wishes to buy, the Purchase Price will be clearly indicated on the HNFT Fest Platform. By clicking the “Connect to Buy” button, the Purchaser may place a higher amount (if applicable).
7.3. Purchaser undertakes to pay the Purchase Price on the account corresponding to the communicated Digital Wallet account. The Purchaser understands and agrees that chosen NFTs will not be allocated if he/she fails to make the payment within the required timescales.
7.4. Before placing the Offer, the Purchasers shall enquire at Digital Wallet about any applicable exchange rates, charges or fees. We shall not be responsible for any and all exchange rates, fees or charges for any currency conversion or transfers levied by the Purchaser’s Digital Wallet.
7.5. The nominated Digital Wallet used for the purchase of NFTs must be connected to the Purchaser’s account on the HNFT Fest Platform, created and managed in accordance with the terms and conditions of the HNFT Fest Platform available at https://doingud.com/terms-conditions and any pages linked thereof. We may refuse to accept any Offer which fails to comply with this condition at our sole and absolute discretion.
7.6. The Purchaser is solely responsible for ensuring that sufficient funds are available on his/her nominated Digital Wallet used to purchase NFTs at the time the payment is taken.
7.7. Once NFTs have been allocated and payment of the Purchase Price has been confirmed, any return of the NFTs or cancellation is no longer possible.
7.8. The Purchaser acknowledges and accepts that we may use third party service providers throughout the sales process. However, and for the avoidance of doubt, we shall remain the seller of the NFTs and provider of Tickets, and retain ownership of all intellectual property rights vested in such NFTs and/or Tickets.
8. Fees
8.1. Transaction fees will be entirely determined by the HNFT Fest Platform and any pages linked thereof.
8.2. The Purchaser must pay any applicable gas fees required for the purchase of NFTs imposed by the Polygon Network in MATIC currency. We reserve the right to change the applicable Networks and underlying currencies for NFTs purchase.
8.3. You acknowledge that any exchange rates, costs or any other network fees are entirely outside of our control. You acknowledge that the value of gas fees depends on the demand and congestion of the underlying networks, it is highly volatile. It is the Purchaser’s responsibility to either set a high-enough fee price in order to purchase NFTs in a timely manner.
8.4. You acknowledge that there may be VAT charged on top of the NFT price. To avoid any ambiguities, the NFT prices are not inclusive of VAT or any other fees, taxes and duties. Purchasers are responsible to pay any and all sales, use, value-added and other taxes, duties, and assessment now or hereafter Claimed or imposed by any governmental authority (subject to exceptions set forth in these Terms and Conditions) associated with purchasing NFTs under applicable laws.
9. Claiming the Tickets
9.1. For the purposes of these Terms and Conditions we are the provider of the Tickets.
9.2. Tickets are only valid if they are obtained directly via or through the Website and any pages linked thereof.
9.3. NFTs purchased directly via the HNFT Fest Platform will be issued to the specified Digital Wallet crypto address of the Purchasers and will grant exclusive access to claim the Tickets on the Website. You acknowledge and agree that at the time of claiming the Tickets, your NFT may not be visible on your specified Digital Wallet but may only be visible on DoinGud Platform and Polygonscan.
9.4. The Tickets will become accessible on the Website before the Conference. Detailed instructions for claiming the Tickets will be provided over the usual communication channels established by us before the Conference takes place.
9.5. In the process of claiming the Tickets, the NFT Holder agrees to provide all Personal Data required by the Website (which may include but is not limited to name, surname, and email) as well as by the Applicable Law (if any). The NFT Holder warrants that all provided Personal Data is true.
9.6. You acknowledge that in order to access the Festival it is not enough to present the purchased NFTs. The purchased NFTs allow you to claim the Tickets will be generated in the form of a QR code, which has to be presented at the venue when you access the Event (hereinafter the “Tickets”). Previously purchased NFTs will be burned when the QR code is generated for you.
9.7. You acknowledge and agree to store the Tickets (QR code) and display them upon entering the Festival and/or Venues or show them upon request made by Us.
9.8. Upon entering the Festival and/or Venues we will scan the Tickets of Ticket Holders. Ticket Holders are granted exclusive, one-time use of the Tickets and will only be scanning them upon their first arrival to the Festival and/or Venues. Tickets will only be successfully scanned once. Upon a successful scan, the visitor of the Festival and/or Venues will receive a distinctive mark of our choice. Furthermore, the visitor will be airdropped a POAP to the same Digital Wallet which was used when the corresponding Tickets were claimed.
9.9. Only We as the organizer have the option to scan the Tickets and perform the check-in procedure. A successful scan of the Tickets will render the QR code dysfunctional. Ticket Holder will receive a physical Ticket which can be displayed and presented to us upon re-entry to the Festival.
9.10. It is the responsibility of the Ticket Holder to ensure that the Tickets are displayed correctly and appropriately upon entering the Festival and/or Venues or at any later point upon request made by us. For the avoidance of doubt, the Ticket Holder will be denied access to the Festival if the Tickets cannot be presented due to any reason outside our control and will not be entitled to any refund notwithstanding the Applicable Law.
9.11. The purchased NFTs only grant NFT Holders the right to access to the Tickets. All intellectual property and other rights incorporated in NFTs shall remain our property at all times.
9.12. The Tickets (QR codes) only grant Ticket Holders the right to access the Festival and/or Venues. All intellectual property and other rights incorporated in the Tickets shall remain our property at all times.
9.13. Whilst we will take reasonable steps to ensure the functioning of the NFTs and Tickets, we give no warranties for absence of any deficiencies. Defective Tickets will be rejected at the entrance to the Festival. We shall not be responsible for Defective Tickets and will accept no obligation to reissue any such Tickets. We may, however, reissue such Tickets in our sole and absolute discretion if Defective Tickets are notified to us in writing in accordance with Section 20 within one (1) week of occurrence of deficiency.
9.14. We reserve the right to adopt any other or new method of issuance, delivery, or collection of NFTs and/or Tickets, the details of which will be communicated through our regular communication channels, the Website and in these Terms and Conditions.
9.15. Once the NFTs are purchased and Tickets are obtained in accordance with these Terms and Conditions, the Purchaser is solely responsible for safeguarding the purchased NFTs and Tickets (both, the QR code and the physical representation of a Ticket).
9.16. The Purchaser shall be solely responsible for correctness of information required for purchasing NFTs and/or claiming the Tickets, since any mistakes cannot be fixed subsequently, after the purchase or claim (depending on what the case may be).
9.17. If the Tickets are not received, it is the sole responsibility of the NFT Holder to notify us in writing in accordance with Section 20.
9.18. We shall not be obliged to reissue Tickets for any lost, misplaced or dysfunctional Tickets. We may, however, reissue such Tickets in our sole and absolute discretion. In such a case, the Ticket Holder may be charged additional reasonable costs for issuance, delivery, and/or other services.
10. Prohibited use of the Tickets
10.1. Unless expressly permitted in these Terms and Conditions and explicitly authorized by us in writing, once the Tickets were claimed and successfully delivered, any cancellation, return, resale, transfer of Tickets, offer or advertisement of Tickets for resale or transfer (whether for free or for consideration) by the Ticket Holder, is strictly prohibited. Upgrades of Tickets after purchase shall only be as permitted in these Terms and Conditions. For the avoidance of doubt, all Tickets are strictly non-transferable and must especially not be advertised for sale or sold for a fee, benefit or other commercial or marketing purpose.
10.2. We may, at our sole and absolute discretion, reject an offer to purchase NFTs and/or claim for Tickets from anyone whom we believe plans to offer or has offered Tickets for resale or commercial or marketing gain in violation of these Terms and Conditions.
10.3. Tickets shall not be: used for any promotion, advertising, fundraising, auction, raffle or any other similar commercial, non-commercial or marketing purposes, used as a prize (or part of a prize) in any contest, competition, game of chance, lottery or sweepstake, combined with and sold as part of any package of goods or services, or combined with and sold as part of any travel or hospitality package (for example combining flights, hotels and Tickets)
10.4. Ticket Holders shall not: run any advertisements or promotions relating to Us or the Festival, advertise, promote, give away, distribute, sell or offer for sale any product or service from any part of the Festival or via the display of overt commercial messages on clothing worn or items brought into the Festival, or exploit any marketing or promotional opportunities in relation to Tickets.
10.5. Any exceptions to this Section are in our sole and absolute discretion.
11. Sanctions
11.1. NFTs purchased, received, allocated, delivered, exchanged, obtained or otherwise acquired from or through any means other than in accordance with these Terms and Conditions or the Applicable Law shall be canceled or void, together with any other NFTs held by the NFT Holder and/or any person seeking to claim such NFTs, without refund, notwithstanding the Applicable Law.
11.2. Tickets claimed, received, allocated, delivered, exchanged, obtained or otherwise acquired from or through any means other than in accordance with these Terms and Conditions or the Applicable Law shall be canceled or void, together with any other Tickets held by the Tikcet Holder and/or any person seeking to use such Tickets, without refund, notwithstanding the Applicable Law. All rights conferred or evidenced by such Ticket shall be nullified. Any Person seeking to use such Tickets in pursuit of entering the Festival and/or Venues may be considered to be a trespasser and may be refused admission or evicted from the Festival and/or Venues. Such a person may also be liable for legal action, including criminal prosecution, in accordance with the Applicable Law.
11.3. Any Purchaser who purchases NFTs using any computer software which is designed to afford the Purchaser with an increased chance of being successful in the purchase of NFTs on the HNFT Fest Platform (such as bots or spiders) shall have any NFTs purchased by them canceled and invalid in full. The same applies if a Person purchases a disproportionately large amount of NFTs, which prevents a reasonable assumption that all purchased NFTs will be used by that Person or his/her Guest(s).
11.4. If the Purchaser and/or NFT Holder is subsequently found to be in breach of these Terms and Conditions we shall be entitled to reject his/her offer for NFTs or void any issued Tickets (if applicable).
11.5. Tickets offered, displayed or otherwise used for advertising, promotions, auctions, fundraising, banding, or other activities aimed at promotional or marketing purposes (including in competitions, contests, and sweepstakes) other than in accordance with these Terms and Conditions shall be void, together with any other Tickets held by the Ticket Holder and/or any person seeking to use such Tickets, without refund notwithstanding the Applicable Law.
11.6. Tickets otherwise used in breach of these Terms and Conditions shall be void, together with any other Tickets held by the Ticket Holder and/or any person seeking to use such Tickets, without refund, notwithstanding the Applicable Law.
11.7. Defective Tickets shall be void, together with any other Tickets held by the Ticket Holder and/or any person seeking to use such Defective Tickets. Ticket Holder and/or any person seeking to use Defective Tickets will be deemed a trespasser and will be refused admission or be evicted from the Festival and/or Venues without refund, notwithstanding the Applicable Law. The Ticket Holder and/or any person seeking to use such Tickets may also be liable to further legal action performed by the police and/or other competent authorities.
12. Force Majeure
12.1. An event of Force Majeure may force us to cancel, modify, or postpone the dates and/or the time of the Festival and/or Venues. In the event of Force Majeure, we may alter the time, date and location of the Festival. In the event of Force Majeure, we are not responsible or liable for any cancellation, variation, or postponement of the Festival and/or Venues.
12.2. No exchanges or changes of Tickets will be permitted except as: specifically set out in these Terms and Conditions, or authorized and facilitated by us in writing at our sole and absolute discretion.
12.3. We shall not be obliged to replace, refund or reimburse any direct or indirect cost of any Tickets for whatever reason, including but not limited to: if the Festival and/or Venues are canceled or closed due to the event of Force Majeure,
if the Ticket Holder decides not to attend the Festival and/or Venues,
if the Ticket Holder is refused admission or evicted from the Festival and/or Venues for reasons set out in these Terms and Conditions, or if Tickets are lost, deteriorated, damaged, destroyed, stolen, or illegible. We may, however, authorize a refund or reimbursement of Tickets in our sole and absolute discretion. Such a refund or reimbursement would be provided in a reverse process to the purchasing process, and would be sent only to the Purchaser.
12.4. You hereby acknowledge the risk of us canceling, abandoning, postponing or rescheduling the Festival. You agree that the purchased NFTs and/or acquired Tickets may be used at the postponed/rescheduled Festival. You acknowledge that, however, we will not be able to refund the Purchase Price in the unlikely event of canceling/abandoning the Festival.
13. Visitor Policy
Access to the Festival and/or Venues
13.1. Access to the Festival shall be subject to compliance with these Terms and Conditions, the Applicable Law as well as any other applicable measures, especially with regard to health, sanitary, order, Code of Conduct and other policies in place.
13.2. To be granted access to the Festival and/or Venues, each Ticket Holder must display a valid and functional Ticket (QR code) that was received, delivered, exchanged, obtained or otherwise acquired in accordance with these Terms and Conditions. Access to the Festival is permitted during such hours as specified on Tickets or as published on the Website and any pages linked thereof.
13.3. We reserve the right to request the Ticket Holder to verify his/her identity by presenting a valid passport or ID card upon our request before admission to the Festival and/or Venues or at any time during their visit to the Festival and/or Venues at our sole and absolute discretion. We will use this right for security reasons and other legitimate interests only. If Ticket Holders cannot provide a suitable identification, we reserve the right to refuse access or evict that Ticket Holder from the Festival and/or Venues.
13.4. Ticket Holders must retain the POAP as well as the distinctive mark received upon entering the Festival at all times during their visit to the Festival and/or Venues. We may at any time request the Ticket Holder to present the POAP and/or the distinctive mark for inspection upon entering or at any time during the Ticket Holder’s visit to the Festival and/or Venues. If Ticket Holders cannot present the POAP or distinctive mark upon our request, we reserve the right to refuse access or evict that Ticket Holder from the Festival and/or Venues.
13.5. Ticket Holders are permitted to access the Festival and/or Venues provided that:
Ticket Holders are not Excluded Persons,
the Tickets have been obtained in accordance with these Terms and Conditions;
Ticket Holders comply with any and all entry requirements and/or acknowledgements, including but not limited to any applicable epidemiological acknowledgements for COVID-19;
Security check and Prohibited Items
13.6. The Ticket Holder consents to a security inspection/screening before accessing and/or during the Conference and/or Venues upon our request. The security checks may include a body search, bag inspection or inspection of other objects owned and carried by any Ticket Holder.
13.7. We may request the Ticket Holder to remove individual items (such as mobile phones, tablets, belts, shoes and coats) from themselves or their bags in order for these items to be inspected/screened separately.
13.8. If the Ticket Holder will not consent to a security search or refuse to comply with rules and security notices, he/she may be refused admission or be evicted from the Festival and/or Venues, without refund, notwithstanding the Applicable Law.
13.9. The Ticket Holder acknowledges that our staff may, at our sole and absolute discretion, conduct security searches at any time to ensure safety in the Festival and/or Venues.
13.10. The Ticket Holder is prohibited from transporting into or near to the Festival and/or Venues any dangerous items, including but not limited to the following:
All types of explosive substances and devices;
Firearms and weapons (and their parts, replicas);
Ammunition (including fake items);
Gas pistols and cartridges;
Detonator capsules, electrical detonators, electrical flammables, detonating cord; All controlled substances;
Daggers, switchblades, knives and other bladed objects;
Projectiles, including Boomerangs and catapults;
Offensive weapons or implements such as bayonets, flick knives, extendable batons, sharpened comb, modified belt buckles and loose blades modified into weapons;
Flails and knuckle dusters; Electroshock equipment/stun guns;
Alcohol;
Personal protection sprays such as CS or pepper sprays;
Fireworks, flares and smoke canisters; Bicycles, scooters, segways, roller skates and other mobile devices not intended for use by disabled persons;
Radioactive Materials; Corrosive Materials;
and Radio or mobile phone jammers, radio scanners, unauthorized radios
any other items that are by any means similar to the above-listed items. A prohibition to possess such items is in our sole and absolute discretion. (hereinafter: Prohibited Items)
We reserve the right to amend the list of Prohibited Items generally or in respect of any Venues at our sole and absolute discretion.
13.11. We may vary, amend or withdraw our visitor policy at our sole and absolute discretion at any time without notice and without incurring liability. Any variations, amendments or withdrawals will not affect any purchases that occurred before the date the variation, amendment or withdrawal.
14. Breaches
14.1. If the Ticket Holder breaches these Terms and Conditions and/or any other applicable laws:
he/she may be refused admission or be evicted from the Festival and/or Venues without refund, notwithstanding the Applicable Law. We reserve the right to void any Tickets held by such Ticket Holder,
and he/she may be immediately terminated or suspended access to the Website any pages linked thereof as well as Festival venues and other sites where we host the event.
14.2. If the Ticket Holder breaches these Terms and Conditions and/or any other applicable laws, we shall not be liable for any loss or damage suffered by the Ticket Holder.
14.3. You agree to indemnify us to the fullest from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including attorney’s fees) arising out of or in any way related to your breach of any provisions of these Terms and Conditions as provided in Section 18.
15. Privacy and use of Personal Data
15.1. By purchasing NFTs, claiming the Tickets and accessing the Festival and/or Venues you hereby acknowledge that you have read and agreed to the contents of our Privacy Policy.
15.2. We shall only use, process, store and transfer Personal Data of the Ticket Holder in accordance with our Privacy Policy.
15.3. We are committed to ensuring that Personal Data of Purchasers, NFT Holders and Ticket Holders is secure. As such, we have put in place suitable procedures to safeguard it, in accordance with applicable data protection laws and regulations.
15.4. You acknowledge and agree that we may collect your Personal Data (including but not limited to name, surname, and email) in the process of claiming the Tickets for legitimate purposes, including but not limited to logistic, organizational, and security purposes relating to the Festival and/or Venues.
15.5. You acknowledge and agree that we may share the collected Personal Data with the relevant authorities, for safety and security reasons, which may include security checks on the names of the Ticket Holders. We reserve the right to refuse access or evict from the Conference any Ticket Holder, in our sole and absolute discretion, whose actions or omissions might contradict our Code of Conduct.
15.6. By purchasing NFTs and/or claiming the Tickets, you hereby acknowledge and agree that we may use CCTV in the Festival and/or Venues. We shall use such images for the purpose of crime prevention, maintaining and investigating public safety and security at the Festival and/or Venues. Such CCTV recording shall be used, stored, transferred and destroyed in accordance with our Privacy Policy and the Applicable Law.
16. Risks of Smart Contracts
16.1. You acknowledge that the purchase of NFTs, claiming of the Tickets, and possible airdrop of the POAPs are executed by Smart Contracts. You particularly acknowledge and agree that (jointly):
Purchasers and/or NFT Holders must voluntarily invoke one or more Smart Contract operations from an Digital Wallet to purchase the NFTs,
all transactions initiated through one or more Smart Contracts are at the sole and absolute discretion and at the complete risk of the Purchasers and/or NFT Holders. The Smart Contracts are configured to facilitate the execution of a voluntary initiative of Purchaser and/or NFT Holder, a confirmation to purchase NFTs, and
transactions using Smart Contracts are inherent to several risks. By placing an Offer for the purchase of NFTs, the Purchaser and/or NFT Holder agrees to be bound by the outcome of any Smart Contract operation by invoking, calling, requesting, or otherwise engaging with the Smart Contract, whether or not the Smart Contract behaves as the Purchaser and/or Ticket Holder expects.
16.2. You acknowledge the risk of Smart Contracts and blockchain technology. You particularly acknowledge and agree that the Smart Contract and blockchain technology, including NFTs, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems are still developing and in may be in the early phases of innovation. You acknowledge and agree that such technologies are experimental, speculative, and inherently risky, and that the Smart Contracts facilitating transactions for the purpose of our NFTs and Tickets may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the underlying blockchain protocol (“forks”), which can adversely affect the Smart Contracts and may expose you to a risk of total loss, forfeiture of your digital currency or Tickets, or lost opportunities to buy or sell Tickets. We are not liable or responsible for any such Smart Contract or related failures, risks, or uncertainties.
16.3. You acknowledge the risk of interacting with Smart Contract. You particularly acknowledge that you assume the risk of purchasing NFTs and take full responsibility and liability for the outcome of any purchase you initiate, whether or not the Smart Contracts, the HNFT Fest Platform and any pages linked thereof, the Website or other market participants behave as expected or intended. You also agree and acknowledge that you are knowledgeable, experienced and sophisticated in using blockchain technology and in initiating transactions through Polygon or other selected networks.
16.4. You acknowledge that Smart Contracts are not controlled by us. All purchases of NFTs are executed by one or more Smart Contracts processed on the Polygon Network and not under any direct control by us.
16.5. You acknowledge that we reserve the right to execute Smart Contract transaction on the HNFT Platform and any pages linked thereof.
16.6. You acknowledge that you are forbidden from engaging in any attack, hack, denial-of-service attack, interference, or exploit of any Smart Contract. Even if certain operations are technically permitted by a Smart Contract, they may nevertheless constitute a violation of these Terms of Conditions and the Applicable Law.
17. Liability
17.1. Purchasers acknowledge and accept the risks and dangers inherent to purchasing NFTs as set forth in these Terms and Conditions as well as terms and conditions of the HNFT Fest Platform available at https://doingud.com/terms-conditions and any pages linked thereof. We shall not be liable for any and all damages resulting from such risks.
17.2. Ticket Holders acknowledge and accept the risks and dangers inherent to attending the Festival and/or Venues, especially those set forth by these Terms and Conditions. The Ticket Holder must pay the maximum attention and exert the maximum due care and prudence in and near the Festival and/or Venues.
17.3. The Ticket Holder acknowledges and accepts that he/she is responsible for his/her own safety and for the safety of any accompanying Guest(s), especially if they are children, while attending the Festival.
17.4. If we are in breach of our obligations, we shall only be responsible for such loss or damage suffered by the Ticket Holder which was reasonably foreseeable or contemplated as a result of the breach at the time the Purchaser entered into a contract with us by virtue of these Terms and Conditions. Nevertheless, we shall not be liable for any business losses of the Ticket Holder, including but not limited to any loss of profit, loss of business, loss of business opportunity or business interruption.
17.5. In any event, to the maximum extent permitted by the Applicable Law, we hereby exclude any liability for loss, damage or injury to the Ticket Holder and/or their property, including but not limited to any indirect or consequential loss or damage (including but not limited to loss of enjoyment or travel or accommodation costs), regardless of whether the loss or damage: (a) arises in the ordinary course of events; (b) is reasonably foreseeable; or (c) is contemplated.
17.6. We shall not be responsible for any interruptions and/or restrictions to the view of the Festival and/or Venues caused by the actions of other visitors.
17.7. We shall not be responsible or liable for any failure to perform any obligation under these Terms and Conditions to the extent that the failure:
1.Can be attributed to risks of Smart Contracts as set forth in Section 16, or
2.is caused by an event of Force Majeure as set forth in Section 12.
17.8. To the maximum extent permitted by the Applicable Law, we shall not be liable for neither:
1.any loss or damage due to temporary unavailability of the Website, the HNFT Fest Platform and any pages linked thereof,
2.any loss or damage caused by any content on the Website, the HNFT Fest Platform and any pages linked thereof, including but not limited to content available to download or from third party links,
3.libelous or unlawful postings made on the Website, the HNFT Fest Platform and any pages linked thereof, nor
4.any postings on the Website, the HNFT Fest Platform and any pages linked thereof which infringe the intellectual property rights of others.
18. Indemnity
You agree, to the fullest extent permitted by the Applicable Law, to indemnify, defend, and hold harmless us and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Our Parties”), from and against all actual or alleged damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including but not limited to attorneys’ fees and expenses), and costs (including but not limited to court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “claims”), including but not limited to damages to property or personal injury, that are caused by, arise out of or are related to:
1. your use or misuse of NFTs, or content linked to or associated with any NFTs (including but not limited to the Tickets)
2. your violation or breach of any term of these Terms and Conditions or the Applicable Law, and
3.your violation of the rights of or obligations to a third party, including another user or third-party, and
4.your negligence or willful misconduct. You agree to promptly notify us of any claims and cooperate with Our Parties in defending such claims. You further agree that the Our Parties shall have control of the defense or settlement of any claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us.
19. Miscellaneous
19.1. We reserve the right to amend these Terms and Conditions at any time, without notice, at our sole and absolute discretion. You agree to be bound by such changes. Current Terms and Conditions shall always be available on the Website. You should thus review these Terms and Conditions at regular intervals.
19.2. These Terms and Conditions have been drafted in the English language. Translations of these Terms and Conditions to other languages may be made available to the Ticket Holders by us on the Website. Where permitted under the Applicable Law, in the event of any discrepancy between the English and the translated version of these Terms and Conditions, the English version shall prevail.
19.3. Each Purchaser, NFT Holder and Ticket Holder consents to these Terms and Conditions himself/herself and on behalf of his/her Guest(s) (the Purchaser, NFT Holder or Ticket Holder shall ensure that his/her Guest(s) understand(s), agree(s) with and will conform to these Terms and Conditions).
19.4. These Terms and Conditions constitute the entire agreement between the parties and no party shall have any Claim or remedy in respect of any statement, representation, warranty or undertaking, made by or on behalf of any other party in relation to these Terms and Conditions which is not already set out in these Terms and Conditions. This agreement between the parties supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral, relating to its subject matter.
19.5. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms and Conditions.
19.6. Any dispute of Claim arising out of or in connection with these Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and subject to the exclusive jurisdiction of the courts of the US.