terms & conditions
By accessing or attempting to access the augur-nft.art website or minting an Augur NFT, you agree to be bound by the terms and conditions (the „TOS“) set forth below. Do not use the augur-nft.art website or try to mint an Augur NFT if you disagree with any part of these terms and conditions.
AUGUR NFT
On this website, you will be able to mint an Augur NFT only by using a MetaMask wallet. This Website will not Support any other Wallet Connection than MetaMask.
AUGUR will using a Non Fungible Token on the Ethereum Blockchain using an ERC-721 Smart Contract.
Definitions.
„Affiliate“ refers to any person or organization that controls, owns, or created the Art in addition to Augur.
„Art“ includes all works of art, sketches, blueprints, traits, layers, and other design components that might be connected to a Licensed NFT that you own.
„AL/WL“ means all adresses who are deployed or linked to the AUGUR smart Contract and got the abbility to „MINT“ a Augur Token.
„Content“ includes text, graphics, audio, video, audio-visual, and other types of media.
„Licensed NFT“ refers to a non-fungible token that you own and was first created on this website. Any blockchain-tracked non-fungible token, is referred to as an „NFT“.
„NFT Trading Platform“ refers to a safe exchange where NFTs can be bought, sold, transferred, and recorded on the relevant blockchain. The relevant blockchain can also verify these transactions.
When referring to a Licensed NFT, „Own“ or „Ownership“ refers to a Licensed NFT that you have minted through the Website or otherwise lawfully obtained from a reputable source, with purchase documentation verified on the relevant blockchain and ownership of the Licensed NFT being demonstrable.
„Owner“ is defined as someone who legitimately and legally owns a Licensed NFT.
1. Fees.
This token will be available for FREE once the wallet address is deposited or linked to in the Smart Contract, in the so-called Whitelist or Allowlist (hereinafter referred to as „WL/AL“).
However, there may be additional, but not limited to, network fees, transaction fees and gas fees, which may vary depending on the utilization of the Ethereum network. AUGUR has NO control over, cannot be held liable for, and/or refunded/responsible for the collection and/or amount of these aforementioned fees.
2. Wallet Addresses
The wallet address has been deposited if:
– they are an existing customer of Sebastian Grebhardt Tattoo, and have submitted their MetaMask address to them in writing during the „Augur Marketing Phase“.
-you have won an AL/WL in the course of an AUGUR-Twitter or AUGUR-Discord and have submitted your MetaMask address in writing
– you have won a WL/AL place in the course of a competition with a collaboration partner of AUGUR and have submitted your MetaMask address in writing.
IMPORTANT: the registration of the own MetaMask address in the WL/AL does NOT entitle to the guaranteed receipt of an AUGUR token!
Once every single token of the limited total number of 527 tokens has been minted, no further tokens will be created or available. With the complete minting of all tokens (hereafter called „sold out“) the possibility to mint an AUGUR token with the registered wallet address expires.
3 Distribution of the Tokens
The distribution of the tokens is as follows:
– 10% of the tokens go to the creators of AUGUR.
– 90% of the tokens are available for all WL/AL registered wallet addresses as described in point 2.
– if the 90% are not „sold out“, all remaining tokens will go to the wallet addresses of the AUGUR
creators for marketing purposes.
4. gamification
You understand and acknowledge that the Licensed NFTs are produced for entertainment and enjoyment only.
Augur wants to tell the story of change Using Art on Blockchain Technology.
This happens as follows.
Augur will start by giving all registered WL/AL MetaMask addresses the opportunity to mint up to 2 AUGUR-TOKEN on a certain date which will be announced on the AUGUR-Discord and AUGUR-Twitter.
to these tokens will be deposited metadata that depict different versions of the so-called „THE PROPHET“. (an example can be seen on the augur-nft.art website).
Each stored metadata shows a different, individually generated version of „THE PROPHET“.
In the process of embossing, the respective metadata are distributed randomly, so it is not possible to claim or request a specific version. By participating in the imprinting process, you confirm your consent and acknowledgement that the metadata will be distributed randomly and you waive your right of revocation.
The metadata are provided with different rarities, on these is also no claim by the participation in the minting process to raise. By participating in the minting process, you agree and acknowledge that the rarity of the tokens will also be distributed randomly and waive your right to claim any other rarity.
After a certain time (this will also be communicated via AUGUR-Discord and AUGUR-Twitter) a so-called BURN-PHASE 1 will be activated. This happens a total of 3 times, and can be reached via this website.
No other website than this one will officially provide the destruction/burning phase. If you find such another website it is a scam unless otherwise communicated by AUGUR.
during the BURN-PHASE 1/2/3 the wallet-address on which at least 1 Augur token of the previous phase is deposited has the possibility to destroy/burn/ to unlock the metadata of the following phase.
The phases unlock metadata as follows:
– Phase 1 = Burn a „THE PROPHET“ token unlocks a „THE NOMAD“ token.
– Phase 2 = Burn a „THE NOMAD“ token unlocks a „THE HERO“ token.
– Phase 3 = Burn a „THE HERO“ token unlocks a „THE ARTIST“ token.
By participating in any of the processes you agree that:
-The rarity of the token to be destroyed/burned will not be taken into account and with each burning process the rarity will be randomized again. So it may be that high/low rarity remains high, becomes higher/lower.
– That the destruction process cannot be reversed. Neither by AUGUR itself nor by a third party.
– The destruction process is ONLY possible during the open period, before and after which the token retains the metadata existing at that time.
– You sufficiently understand the risks of losing the existing Token and all associated metadata; and no claim for compensation for any loss of value or rarity is made by either AUGUR or any participating person, partner or third party.
– You acknowledge and accept that you are solely responsible for assessing the value, nature and appropriateness of the foregoing risks to yourself. You further acknowledge and accept that you have received sufficient information to make an informed decision regarding the purchase or otherwise acquisition of the Licensed NFTs
5. YOUR CONSENT
The Augur website, located at https://augur-nft.art (the „Site“ or „Website“), is owned and operated by sbstn, Augur, LLC (and their licensors and Affiliates). These terms and conditions are an agreement („Agreement“) between sbstn, Augur, LLC and you, a user of the Site.
Throughout this Agreement, the words „sbstn“, “Augur,” “us,” “we,” and “our,” refer to our company, Augur, LLC.
YOU AGREE TO AND ACCEPT ALL OF THESE TERMS AND CONDITIONS BY ACCESSING THIS WEBSITE, WITHOUT LIMITATIONS. IF THESE TERMS DO NOT SUIT YOU DONT USE THIS SITE!
Please check these Terms periodically as we reserve the right to make changes.
6. AUGUR OWNERSHIP
Unless otherwise specified, the intellectual property rights published on this website are owned by Augur and/or its licensors and Affiliates. This applies to all text, data, graphics, photographs, images, audio, video, trade names, trademarks, service marks, and other information, visual or other digital material, software (including source and object codes), and any other content or description available on the Site or accessible via a link from the Site to a page created by Augur on another website. The Augur Content is completely owned by Augur, as well as any of its affiliates, licensors, or other third-party service providers.
You acknowledge and agree that all intellectual property rights, including but not limited to trademark and copyright rights, as well as all legal rights, title, and interest in the Art associated with any Licensed NFTs, are owned by Augur and/or its licensors and Affiliates. Any rights granted to you in connection with the acquisition or ownership of a Licensed NFT are strictly those that are expressly stated herein. Any ownership or other rights to the Licensed NFTs and Art not expressly granted to the User in this Agreement are reserved by Augur.
7. MINTING
Your participation in any minting, payments or financial transactions made through the Site are final. You acknowledge and understand that no payment or transaction can be reversed by the Site. All Licensed NFT mints, purchases, and any related fees are final and non-refundable.
Any and all applicable taxes, such as sales taxes, use taxes that compensate for them, and equivalent taxes, shall be your responsibility.
The user agrees and accepts that Augur and/or its licensors and Affiliates are not liable for any communication problems, interruptions, distortions, delays, or other mistakes that may occur when you try to mint or buy any Licensed NFTS.
8. RESTRICTION OF USE
You further understand and agree that this license does not authorize the creation of Digital or Physical Goods. The creation and minting of new NFTs derived from your licensed NFTs is expressly prohibited.
You understand and acknowledge that you may not, without the express prior written consent of Augur and/or its licensors and affiliates, do or permit any third party to do any of the following: (1) modify the art in your Licensed NFT or any applicable Licensed NFT Crop in any way, including without limitation the shapes, designs, drawings, attributes, color schemes or design elements of the Licensed NFT; (2) produce goods in connection with your Licensed NFT that constitute lewd conduct, illegality, hatred, intolerance, cruelty, vulgarity, pornographic or other adult-only material, discrimination, or otherwise material harmful to Augur’s art and brand; (3) or attempt to acquire any trademark, copyright, or otherwise additional intellectual property rights in your Licensed NFT or any applicable Licensed NFT Crop.
9. Transfer
You have the limited right to sell or transfer your licensed NFTs on an NFT trading platform, but only if the buyer or transferee understands and agrees to be bound by this Agreement’s terms as well as the applicable Terms and Conditions of the NFT trading platform, and only if you haven’t violated either of these prior to the transfer.
You may use any NFT Trading Platform to transfer your Licensed NFTs; however, Augur is not liable for any transactions you may have with a third party. Any transfer you make on one of these NFT Trading Platforms is not subject to Augur’s obligations or liabilities.
10. acknowledgement of the risk.
You understand and acknowledge that the Licensed NFTs are produced for entertainment and enjoyment only. You acknowledge and agree that: (1) the market and prices for Blockchain assets are highly speculative and subject to change; (2) price fluctuations in such Blockchain assets may materially and adversely affect the price and value of your Licensed NFTs; and (3) there are risks associated with the use of Internet-based currencies and assets, including but not limited to the risk of hacking and the resulting potential loss of your currencies and assets located including but not limited to your Wallet.
You acknowledge and accept that you are solely responsible for assessing the value, nature and appropriateness of the foregoing risks to yourself. You further acknowledge and accept that you have received sufficient information to make an informed decision regarding the purchase or otherwise acquisition of the Licensed NFTs.
11. Decrease in Liability.
ALL LICENSED NFTS ARE DISTRIBUTED „AS IS“ AND „AS AVAILABLE“ WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. AUGUR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL AUGUR BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, GOODWILL, WORK STOPPAGE, DIMINUTION OF VALUE OR ANY OTHER INTANGIBLE LOSS, TECHNOLOGY FAILURE, OR MALFUNCTION, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE RELATED TO ANY LICENSED NFT OR OTHERWISE) HOWEVER ARISING, EVEN IF AUGUR KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
12. Availability and Modification of the Site.
Despite our best efforts, we cannot guarantee that the Site will always be functional or accessible at all times. At any time, we reserve the right to change, update, or remove any part of our website. Nothing in this section obligates us to take action to update the Site for security, legal, or other reasons, but we may make such modifications at our discretion for reasons related to intellectual property, security, law, or other considerations.
13. Availability and Modification of the Site.
Despite our best efforts, we cannot guarantee that the Site will always be functional or accessible at all times. At any time, we reserve the right to change, update, or remove any part of our website. Nothing in this section obligates us to take action to update the Site for security, legal, or other reasons, but we may make such modifications at our discretion for reasons related to intellectual property, security, law, or other considerations.
14. Unauthorized Action.
You accept full responsibility for your actions when accessing or using our Site, and you also agree to follow the following code of conduct:.
You hereby agree not to reproduce, disseminate, or disclose any portion of the Site through any automated or manual „scraping,“ including without limitation online.
You hereby covenant not to interfere with, undermine the reliability or security of the system, or attempt to decipher any communications going to or coming from the servers hosting the Site.
You acknowledge that we do not permit access to the Site or the extraction or export of any data obtained through the Site through the use of any robot, spider, crawler, scraper, or other automatic device or interface.
You acknowledge that you will not hold AUGUR, any of its affiliates, or its third-party providers accountable for your use of the Site. You also agree that you will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
You hereby pledge not to transgress any Augur-connected network’s rules, specifications, procedures, or policies.
You consent to not obstruct or disrupt the Site.
You consent to not posting anything that is detrimental to our reputation, goodwill, or public image.
While using the Site, you agree to not break any local, state, or federal laws.
You hereby covenant not to use the Site in any manner that is fraudulent, unlawful, defamatory, obscene, intrusive, threatening, harmful, or harassing.
We reserve the right to suspend or terminate your access to our site if we learn that you are engaging in any of the aforementioned behaviors. Without prior warning or justification, Augur reserves the right to immediately suspend or terminate your access.
15. Indemnity.
You agree to protect Augur, its officers, directors, employees, affiliates, third parties, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) resulting from:.
utilizing any Augur site;.
your use of any Augur’s Affiliate services;.
your breach of any provision of this Agreement; or.
resulting from any allegation that you have violated any clause in these Terms and Conditions.
