Terms of Sale

LAST MODIFIED OCTOBER 17, 2022

Linda Hartough Golf Landscape NFTs, the Linda Hartough Original NFT Collection and any other NFT Collection released by Linda Hartough (collectively ‘Linda Hartough NFTs’) are collections of digital artworks (NFTs) on the blockchain. This website is only an interface allowing participants to access digital collectibles and NFT information. Users are entirely responsible for the safety and management of their own private accounts and/or wallets and validating all transactions and contracts generated by this website or any affiliated website before approval. Furthermore, as all NFTs runs on blockchain networks, there is no ability to undo, reverse, or restore any transactions. This website and its connected services 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 Linda Hartough NFTs.

Linda Hartough offers various versions and edition types of digital artwork and collectible NFTs. The purchase of Linda Hartough NFTs is strictly a transaction in goods. At no time does Linda Hartough or any affiliate promise to provide future goods or services to Linda Hartough NFT owners. At times, Linda Hartough NFTs may include benefits, discounts or exclusive access, which will be detailed in each NFT description, the NFT’s unlockable content, or via Linda Hartough’s official website or an alternative communication channel.

You understand and agree that Linda Hartough NFTs grant you no rights outside of NFT OWNERSHIP, except for Personal Use, as detailed herein, and acknowledge NFTs carry no guarantee of future performance of any kind by Linda Hartough or any affiliate. 

NFT OWNERSHIP

i. Once purchased - you Own the NFT. Each Linda Hartough NFT is an NFT on the blockchain. When you purchase an NFT, you own the underlying NFT, the NFT digital artwork, completely. Ownership of the NFT is mediated and verifiable entirely by blockchain technology: at no point may we seize, freeze, or otherwise modify the ownership of any Linda Hartough NFT, unless required by law.

ii. Personal Use. Subject to your continued compliance with these Terms, Linda Hartough grants you a worldwide, royalty-free license to use, copy, and display the purchased NFT digital artwork in digital format only, (personal usage does not allow any owner to physically reproduce the NFT digital artwork in any physical form including but not limited to physical prints, photos, merchandise, etc.), 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 Linda Hartough NFT, provided that the marketplace cryptographically verifies each Linda Hartough NFT owner's rights to display the digital artwork for their Linda Hartough NFT to ensure that only the actual owner can display the digital artwork; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Linda Hartough NFT, provided that the website/application cryptographically verifies each Linda Hartough NFT owner's rights to display the digital artwork for their Linda Hartough NFT to ensure that only the actual owner can display the digital artwork, and provided that the digital artwork is no longer visible once the owner of the Linda Hartough NFT leaves the website/application.

iii. Commercial Use. Linda Hartough grants NO commercial usage rights to owners of Linda Hartough NFTs. Examples of prohibited Commercial Use would include but are not be limited to the use of the NFT to produce and sell merchandise products (T-Shirts etc.), displaying copies of the digital art for business marketing purposes or any other activity in which an NFT would be used for financial gain. 

DISCLAIMERS

The sale of Linda Hartough NFTs is governed by, and these TERMS OF SALE will be construed in accordance with, South Carolina Law, without regard to conflict of laws principles.

Class action waiver: to the extent permissible by law, all claims must be brought in a party’s individual capacity, and not as a plaintiff or class member in any purported class, collective action, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or engage in any class arbitration. You acknowledge that, by agreeing to these terms, you and Linda Hartough and Linda Hartough’s affiliates are each waiving the right to a trial by a judge or a jury in a public forum and the right to participate in a class action. 

Without prejudice to any other provision of these TERMS OF SALE, you acknowledge and agree that, except in the case of Linda Hartough’s fraud or willful default, and except as otherwise required by any non-waivable provision of applicable law, Linda Hartough and Linda Hartough’s affiliates shall not be liable in any manner whatsoever to you or any other person for losses or damages of any kind, whether arising in contract, tort, or otherwise, arising from the sale of Linda Hartough NFTs to any person. 

CHANGES TO THE TERMS AND CONDITIONS

We may make changes to the Terms at our discretion. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to, ownership of, or use after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use this or affiliated sites and may choose to sell, transfer or dispose of your NFT.

ALL PURCHASES OF ANY LINDA HARTOUGH NFT ARE FINAL AND NON-REFUNDABLE.