terms and conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OUR WEBSITE AND PURCHASING GEORGE WASHINGTON NFTS.
Last updated on: 25 July 2022
1. About us and our Website
OG George is a collection of digital artworks (NFTs) running on the Ethereum network. This website is only an interface allowing participants to exchange digital collectibles. Users are entirely responsible for the safety and management of their own private Ethereum wallets.
1.1. The OG George Washington Terms and Conditions and all policies posted on our website tell you how to access and use our website at oggeorge.com (Website), and purchase the OG George Washington non-fungible tokens (each an NFT). For information regarding the processing of personal data, please see our Privacy Policy at oggeorge.com/privacy-policy.
1.2. We are OG George, an NFT project backed by Fleekbiz, a company registered in the United States, with the address 700 Milam Suite 1300 Houston, Texas 77002, USA (we/us/our).
1.3. We want to ensure that our Website is as accessible and available at all times, so if you have any difficulties using our Website, please let us know at admin@oggeorge.com.
2. About these terms
2.1. Our contract with you. By visiting our Website and purchasing NFTs, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not access or use our Website and purchase NFTs.
2.2. Why you should read these terms. Please read these terms carefully before you use our Website and start buying NFTs from our Website. These terms tell you who we are, how you can use our Website, how you can buy NFTs, how we may change these terms, what to do if there is a problem and other important information.
2.3. How to contact us. You can contact us by writing to us at admin@oggeorge.com.
2.4. How we may contact you. If we have to contact you, we will do so by writing to you at the email address you provided to us in your account registration.
2.5. There may be other or additional terms applicable from time to time. Please note that there may be additional terms and conditions posted on our Website from time to time, which may also apply to your use of the Website and/or purchase of NFTs. They may be expressly incorporated into these terms by being mentioned here, or they may be published on the Website. For example, this includes our Privacy Policy at oggeorge.com/privacy-policy.
2.6. We may update these terms. We reserve the right to amend these terms from time to time, at our discretion. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. By continuing to use our Website following any update to these terms, we will assume that you have accepted the updated terms.
3. How we may use your personal information
4. The functionality and availability of our Website
4.1. Our Website is made available free of charge. We do not guarantee that our Website will always be available or be uninterrupted. We may suspend or restrict the availability of all or any part of our Website for business and operational reasons.
4.2. You acknowledge that the Website is made available via the internet and as a result, the availability of the Website may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Consequently (i) we do not warrant that the use of the Website will be uninterrupted or error-free; and (ii) we will not be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet.
4.3. We have the right to make any changes to the functionality of the Website from time to time without notice, including, without limitation: (a) to comply with any applicable laws; and/or (b) to add new functionalities and/or improve existing functionalities (including integrating the Website with third-party websites, platforms, and services).
5. Use of our Website
5.1. Eligibility to use our Website. You must meet the criteria listed below to use our Website and purchase NFTs from our Website. By accessing our Website, you confirm that:
(a) you are at least 18 years of age;
(b) you have the full power, right, and authority to agree to these terms;
(c) you are not subject to any financial or other sanctions, embargoes, or other restrictions, including those imposed by the US Office of Foreign Assets Control (OFAC), UK government, European Union, or United Nations;
(d) you are not subject to any laws or regulations in your country of nationality or residence which would make it unlawful for you to hold NFTs;
(e) you understand the risks associated with buying NFTs (see section 7.5 for more details about risks);
(f) you have sufficient knowledge and understanding of how to transact using digital wallets; and
(g) all the information provided by you during your registration is true and accurate and you will keep it updated at all times.
5.2. Our right to reject access to our Website. We have the right to refuse access to our Website at our sole discretion. We may suspend or terminate access immediately and without notice, if we believe that you are in breach of any of these terms, no longer meets the eligibility criteria, or if we are required to do so under any applicable law or regulations, or by a regulator or any governmental body. We may also suspend or prohibit any NFT purchase immediately and without notice if you fail to comply with any applicable NFT terms of sale.
5.3. Prohibited uses. You must not use our Website for or in connection with any of the purposes or any of the manners listed below, and you acknowledge that any such use may result in immediate suspension and/or termination of your right to use our Website and purchase NFTs.
You must not use the Website to:
(a) knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful to our Website;
(b) gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website;
(c) modify or adapt the whole or any part of our Website or incorporate it into any other program or application;
(d) disassemble, decompile, reverse-engineer, or otherwise attempt to obtain access to the source code, object code, algorithms, components, and/or any concepts or ideas incorporated into our Website;
(e) collude with any third party to manipulate the price of any NFT or in any other way affect or influence the value or the price of any NFT;
(f) conduct or be involved in (directly or indirectly) any activities which are, or may result in, a breach of any applicable laws (including local, national, and international law or regulation), including, but not limited to, money laundering and/or terrorism financing;
(g) engage in speculative investments;
(h) engage in any activity (whether defamatory or not) that may bring us or our Website into disrepute;
(i) conduct or be involved in (directly or indirectly) any activities which are, or may result in, a breach of any rights of any third party, including their intellectual property rights (for example their copyrights, patents, or trademarks);
(j) act in any way that is unlawful, fraudulent, or has any unlawful or fraudulent purpose or effect (including providing any false, inaccurate, or misleading information to us); and/or
(k) assist any ineligible person in accessing our Website.
5.4. We are not responsible for viruses. We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology and computer programs to access our Website.
5.5. Connecting your wallet. To purchase George Washington NFTs, you will need to connect your digital wallet to our Website, which must be supported by the Website. Having a digital wallet is necessary to own an NFT, and a digital wallet may also be used (in addition to any other methods of payment made available by us from time to time) to pay for our NFTs. Transfer of an NFT to your digital wallet is at your own risk, and we will not be responsible or liable for accidental or fraudulent transfers to an incorrect wallet address.
6. Our intellectual property rights
6.1. Intellectual property rights in the material posted on our Website and your right to use them. We are the owner or the licensee of all intellectual property rights on our Website and all material published on the Website. Our Website is protected by copyright laws and treaties around the world. This means that you are not permitted to copy and/or use any content on our Website other than in accordance with this clause. In particular, you are not permitted to copy any artwork and/or any ideas incorporated into any NFTs in order to create your own NFTs. All such rights are reserved. You may print off one copy and may download extracts of any page(s) from our Website for your personal use only. Our status (as the authors of content on our Website) must always be acknowledged.
6.2. No commercial use of our content. You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us.
6.3. No data mining or web scraping. You shall not conduct, facilitate, authorize or permit any text or data mining or web scraping in relation to our Website. This includes using (or permitting, authorizing, or attempting the use of): (a) any “robot”, “bot”, “spider”, “scraper” or other automated devices, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same; and (b) any automated analytical technique aimed at analyzing text and data in digital form to generate information which includes but is not limited to patterns, trends, and correlations.
6.4. Content is provided for general information only. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our Website. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date.
6.5. Linking to our Website. You may link to our home page only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
6.6. Third-party sites, products, and services. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources. Any interaction (or dispute) you may subsequently have with those third parties is subject to those third parties’ terms only
7. Ownership of NFTs
7.1 You Own the NFT. Each OG George Washington is an NFT on the Ethereum blockchain. When you purchase an NFT, you own the underlying OG George, the Art, completely. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point may we seize, freeze, or otherwise modify the ownership of any OG George Washington.
7.2 Personal Use. Royalty-free license to use, copy, and display the purchased Art, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your OG George / NFT, provided that the marketplace cryptographically verifies each OG George owner’s rights to display the Art for their OG George to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your OG George, provided that the website/application cryptographically verifies each OG George NFT owner’s rights to display the Art for their OG George NFT to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the OG George NFT leaves the website/application.
7.3 Commercial Use. Worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art (“Commercial Use”). Examples of such Commercial Use would e.g. be the use of the Art to produce and sell merchandise products (T-Shirts etc.) displaying copies of the Art. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of OG George generally, provided that the marketplace cryptographically verifies each OG George NFT owner’s rights to display the Art for their OG George NFT to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of OG George NFT generally, provided that the third-party website or application cryptographically verifies each OG George NFT owner’s rights to display the Art for their OG George NFT to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased OG George leaves the website/application; or (iii) earning revenue from any of the foregoing.
8. Third-party sites, products, and services
Our Website integrates with third-party websites and services, for example, digital wallets and other marketplaces (Third-Party Products). You agree that all such Third-Party Products are provided by the relevant third parties, not by us, and are subject to the third-party terms and conditions applicable to such Third-Party Products. We will not be responsible for the availability of any such Third-Party Products and will not be liable to you for any matters related to the delivery (or a failure to deliver) of any such Third-Party Products to you. We are also not responsible for the functioning of any blockchain network recording the purchase and the ownership of NFTs.