BallerWhale is a generative NFT trait-generative project powered by the Polygon and Ethereum blockchains which honors a varirty of crypto whales. These terms serve to provide transparency for the project. We are the official creators of the BallerWhale NFT project and any one that attempts to copy will be held to account.
All rights that are not specifically granted to the users and owners of the BallerWhale NFTs are reserved by the Company. This includes but is not limited to the intellectual property rights surrounding “BallerWhale” and "BallerWhale NFT`" all names, logos, trademarks, the website, the look and feel of the user interface, the smart contract code, the generative traits in general, and any future community wallet. In addition to owning the IP surrounding the name “BallerWhale”, and "BallerWhale NFT" we reserve the exclusive right to use BallerWhale official logos for future merchandising purposes.
The product launch of BallerWhale will consist of a run of 10,000 individual tokens in two parts on the Polygon Network. The first part will be 4000 portraits and the second will be 6000 portraits. ("BallerWhale" or "NFTs") with generative traits that correspond to pieces of art hosted on IPFS. The collection will be minted via our custom smart contract and made available on the OpenSea platform for distribution.
You will own full commercial rights to your BallerWhale so long as you continue to own and control the NFT. You may assign some of these rights to other commercial projects (e.g. Clothing, Books, etc..), but any future transfer of your NFT will be subject to those rights that you have already assigned. You can put your BallerWhale on clothing and merchandise, include them in video games and video projects, and generally do whatever you want with your BallerWhale. You cannot use the name “BallerWhale” or "BallerWhale NFT" on any commercial product, unless connected directly to a “#” and the number of your BallerWhale signifiying the NFT you own. You agree not to use your BallerWhale in any project or derivative work that involves hate speech, racism, pornography, or any other illegal content.
Nothing in these terms are meant to limit you or a third party from (i) owning or operating an NFT marketplace that permits the use or sale of the BallerWhales, so long as the marketplace cryptographically verifies the ownership of the NFT to ensure that only the owner can use and display their BallerWhale; and (ii) owning or operating a third party website or application that permits the inclusion or involvement of the BallerWhale generally, provided that the website or application verifies the ownership of the NFT to ensure that only the owner can use and display their BallerWhale. Furthermore, nothing in this TOS is meant to restrict a third party website’s ability to build tools which track traits or sales.
BallerWhale hopes to continue to develop this project and community. We have released a roadmap outlining some of the future goals we hope to accomplish. While we intend to work towards those goals, sometimes things happen and we cannot guarantee that this original project will sell out entirely nor can we guarantee future developments. You agree that your purchase of a BallerWhale from our initial project is all you are guaranteed to receive with your initial purchase. Any future potential airdrops, community gatherings, or other benefits are ancillary to this purchase and not to be taken into consideration with your initial purchase. You agree that you are not relying on any future commitments by BallerWhale in using this site and participating in our NFT launch.
NFTs are meant to be a fun avatar and Non-Fungible Token for you to collect. They are not meant as investment vehicles. We make absolutely no promise or guarantee that these NFTs will be worth anything. You understand that they have no inherent monetary value, and they should be treated as nothing more than a fun and beautiful collectible.
You are entirely responsible for any tax liability which may arise from minting or reselling your BallerWhale.
You agree to waive any class action status, and any legal dispute around the BallerWhale project which you may choose to bring can only be done on an individual basis.
The BallerWhale project is not targeted towards children. You agree that you are over the age of 18, or above the legal age of your jurisdiction, whichever is greater.
In the event that a legal dispute arises from anything related to the BallerWhale NFT project, you agree to bring the case to binding arbitration according to the Canadian Arbitration Act.
You agree that for purposes of any legal dispute, you will be subject to the jurisdiction of Montreal, QC Canada and that any legal proceeding will be brought in Canada.
BallerWhale is not currently collecting any cookies, IP addresses, or user data in connection with your use of the website and app. You understand, however, that the Polygon blockchain network is a public blockchain, and all of your transaction history initiated through the website will be made public. You also understand that BallerWhale may work with third-party apps, such as Discord or Collab.Land, which collect and store user data. In the future, BallerWhale will likely launch products (e.g. merch store) which require us to collect and store user data. In that event, this provision is subject to change.