Terms

Last updated: September 2020
Please read these Terms of Service carefully. You may not use the Site (as defined below) unless you agree to these Terms of Service. These Terms of Service also include the following terms and policies, each of which is incorporated by this reference (collectively, the “Agreement”):This Agreement is between you and bluereceipt(“blueworld”) concerning your use of the website located at blue.ceo and blueworld.co (including any successor sites and any other website, mobile app, marketplace or software that we operate or make available for the sale of NFTs) and any content, products or services that we make available there (collectively, the “Site”).The Site may allow users to mint and buy non-fungible tokens on distributed digital ledgers or blockchains (“NFTs”) that contain or correspond to digital artworks (“Artworks”) created by blue or other artists (each, an “Artist”). For ease of reference, we refer to NFTs originally acquired through the Site as “Site NFTs” and a Site NFT together with the license rights in the corresponding Artwork as a “Digital Item.”


1.Acceptance of Terms.
blue makes the Site available subject to this Agreement. Blue may update or make changes to this Agreement from time to time in its sole discretion, which changes it may provide to you by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when this Agreement (and other terms and policies posted on the Site) was last revised by referring to the “Last Updated” legend at the top of this Agreement.

2.Site Changes.Certain features of the Site are available at no charge, while others may require payment. Blue may, at any time and from time to time, temporarily or permanently, in whole or in part: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify or waive any fees charged in connection with the Site; or offer opportunities to some or all users of the Site. You agree that we won’t be responsible or liable to you or any third party for any modification, suspension or discontinuance of the Site or any content, feature or product offered through the Site, in each case in whole or in part. Your continued use of the Site after such changes will indicate your acceptance of such changes.

3.Registration; Usernames and Passwords.You may need to provide your email address, register, create an account, or connect your blockchain wallet, e.g., MetaMask (your “Wallet”) to use all or part of the Site or to make purchases. You represent, warrant and covenant to us that all information you submit to the Site is complete and accurate. We may reject, or require you to change, any username, password or other information that you provide to us in registering or updating your registration. Your username and password are for your personal use only and should be kept confidential. You are responsible for maintaining the security of your username and password. You are also responsible for any use or misuse of your username or password, and you must promptly notify Blueof any unauthorized use of your username, password, or Site account. You shall not permit others to use your username and password.

4.Buying NFTs.

Connecting Your Wallet. Before you can mint or buy any Site NFT, you have to connect to the Site using your Wallet. Wallets like MetaMask are provided by unaffiliated third parties, and your use of such Wallets is governed by terms provided by the applicable third party (in the case of MetaMask, its Terms of Use). We’ll deliver Site NFTs that you buy through the Site directly to your Wallet. PLEASE TAKE THE UTMOST CARE TO PROTECT AND PRESERVE YOUR WALLET’S CREDENTIALS—WE CANNOT RECOVER SITE NFTS IF YOU LOSE ACCESS TO YOUR WALLET.

Pricing & Payment. We will provide pricing and payment terms on the Site at or near the point of sale. All sales are final, and your payment obligations are binding as soon as you authorize any purchase with your Wallet. Except as required by law, we do not and will not provide refunds. We accept payment in cryptocurrency only. Not an Investment in a Business. You represent, warrant and covenant to us that your purchase of Site NFTs is and will remain solely for your personal use and enjoyment. You understand that buying a Site NFT is akin to buying a physical artwork, and is not an investment in us or any other business, and you represent, warrant and covenant to us that you have no expectation of profit based on any of our activities or those of any other business. You shall not promote or market any Site NFT as an investment in us or any other business, or otherwise state or suggest that potential buyers of Site NFTs may expect to profit from their purchase or sale of Site NFTs.

5.Rules of Conduct.

While using the Site, you will comply with all applicable laws and regulations and your contractual obligations to third parties. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the following rules of conduct, and your failure to comply with such rules may result in suspension or termination of your access to the Site. You will not:Post, transmit, or otherwise make available, through or in connection with the Site:

Any material that could give rise to criminal or civil liability Any virus, worm, Trojan horse, Easter egg, time bomb, malware, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, circumvent, or hijack the operation of, or to monitor the use of, any hardware, software or equipment (collectively, “Viruses”).

Use the Site for any fraudulent or unlawful purpose.Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site (e.g., by “scraping”). Impersonate any person or entity, including any of our representatives; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.

Use or attempt to use another user’s account without authorization both form that user and from us.Create user accounts, connect blockchain wallets to the Site, make purchases, or interact with the Site, in each case by automated means, scripts, or bots.Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.Attempt to circumvent any content-filtering techniques or attempt to access any feature or area of the Site that you aren’t authorized to access.Deploy or use any application that interacts with the Site without KaiBlue Kiki’s authorization.Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site). Reproduce, duplicate, copy, sell, resell or otherwise use the Site for any purpose not expressly authorized in this Agreement, including by exploiting for any commercial purpose any portion of, use of, or access to the Site.Modify, adapt, translate, reverse engineer (except as expressly permitted by applicable law), decompile or disassemble any portion of the Site, or otherwise access or use the Site for purposes of creating a product or service that competes with any of our products or services.Remove any copyright, trademark, patent or other proprietary rights notice from the Site or from materials originating from the Site. Frame or mirror any part of the Site. Systematically download and store Site content.

Use any bot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site. Notwithstanding the foregoing, Bluegrants the operators of public search engines permission to use so-called “spiders” to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Blue may revoke these exceptions either generally or in specific cases. Attempt to increase or otherwise manipulate the price of a Digital Item, for example, by bidding on Site NFTs that you own, buying or selling Site NFTs that you own (e.g., from one Wallet to another Wallet that you control), or making offers with no bona fide intent to purchase.

Engage in activity that artificially increases view counts, likes or other metrics.Use the Site to engage in any financial activity that requires registration or licensing.You represent and warrant to us that neither you nor your financial institutions, nor any party that owns or controls you or your financial institutions, are: (a) subject to sanctions or designated on any list of prohibited or restricted parties, including lists maintained by the U.S. Government, the European Union or its member states, the U.N. Security Council, or any other applicable government authority; or (b) located in any country to which the United States has embargoed goods or against which the United States has applied sanctions.6.Privacy.For information about how we collect, use, share and process your information, please see our Privacy Policy.

7.Technological Requirements.
You are responsible for obtaining and maintaining all telecommunications, broadband, computer hardware, equipment, software and services needed to access and use the Site, and paying all related charges. Some features of the Site may be facilitated through third-party APIs. We have no control over and bear no responsibility for third-party APIs, and the Site may be impacted by third-party API issues, including outages of or changes to third-party APIs.8.Feedback.Unless we expressly agree otherwise in writing, if you provide us with any ideas, proposals, suggestions or materials, whether through the Site, through our official social media channels, by email or otherwise, and whether related to the Site or otherwise (collectively, “Feedback”), you acknowledge and agree that: (a) your provision of any Feedback is gratuitous, unsolicited and without restriction and doesn’t place us under any fiduciary or other obligation; (b) any Feedback isn’t confidential, and we have no confidentiality obligations with respect to such Feedback; and (c) to the extent permitted under applicable law

Artwork Storage.

We may store Artworks using our own or third-party platforms, such as the Interplanetary File System (“IPFS”). WE CAN’T AND DON’T GUARANTEE THAT ANY ARTWORK WILL REMAIN AVAILABLE ON IPFS OR ANY OTHER PLATFORM, AND WE WILL HAVE NO RESPONSIBILITY OR LIABILITY, NOR WILL COLLECTORS OR PURCHASERS HAVE ANY REMEDY, IF ANY ARTWORKS BECOME UNAVAILABLE. We recommend that you download the associated Artwork (provided that you have the right to do so) in case it becomes unavailable on the Site or through the applicable third-party platform. We also recommend that you use an IPFS pinning service to keep a copy of the Artworks corresponding to your Site NFTs to ensure their continued hosting on the IPFS servers.

11.Third-Party Payment Providers.

We may use third-party service providers to pay you or to enable you to pay us (such services, “Payment Services”). By submitting your account information for use in connection with Payment Services, you agree that: (a) Blue may store your information, and process your information with any such Payment Services; and (b) we aren’t responsible or liable for any failures of any such Payment Services to protect such information adequately. The processing of payments will be subject to the terms, conditions and privacy policies of such Payment Services, in addition to this Agreement. You acknowledge that Bluemay change Payment Services and move your information to other third-party service providers from time to time. There may be fees associated with certain Payment Services, and you agree that you (and not we) will be responsible and liable for all such fees, including fees imposed on your transactions. You acknowledge and agree that we aren’t, and won’t be, responsible or liable for any Payment Service’s services, site, or acts or omissions.

12.Links.

The Site may provide links to other websites and online resources. Because we have no control over such sites and resources, you acknowledge and agree that we aren’t responsible for the availability of such external sites or resources, and we neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other sites and services may provide links to the Site with or without our authorization. We don’t endorse such sites or services, and aren’t and will not be responsible or liable for any links from those sites or services to the Site, any content, advertising, products or other materials available on or through such other sites or services, or any loss or damages incurred in connection therewith.YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES, SERVICES, AND RESOURCES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SERVICES, AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH SITES, SERVICES AND RESOURCES.Blue has the right, at any time and in its sole discretion, to block links to the Site or any content on the Site through technological or other means without prior notice.

13.Communications.

Blue may communicate and transact with you electronically. Bluemay provide you with notices by posting them to the Site, by email, or by postal mail, in our discretion. Bluemay also provide notices of changes to this Agreement or other matters by displaying such notices on the Site or by providing links to such notices on the Site. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We won’t be responsible for failures to fulfill any obligations due to causes beyond our control.14.Local Laws.While we have designed the Site so that it may be used from virtually anywhere you can access the Internet, we can’t guarantee that the Site is appropriate for use everywhere. It is your (and not our) obligation to ensure that your use of the Site complies with applicable local laws.

15.Termination.

This Agreement is effective until terminated. Blue may, in its sole discretion, terminate this Agreement or terminate or suspend your access to or use of the Site, in each case, in whole or in part and at any time and for any reason, including if it believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease. You agree that any termination of this Agreement or termination or suspension of your access to or use of the Site may be effected without prior notice, and that Blue may immediately deactivate or delete your password and username, and any or all related information and files associated with it, or bar any further access to such information or files. You agree that we won’t be responsible or liable to you or any third party for any termination of this Agreement or termination or suspension of your access to the Site or to any such information or files, and won’t be required to make such information or files available to you after any such termination or suspension. The termination or expiration of this Agreement shall not affect the accrued rights and obligations of the parties or those representations, warranties, or other obligations that by their nature survive expiration or termination, including Sections 8 (Feedback), 9 (Our Content), 13 (Communications) and 15 (Termination) through 21 (Miscellaneous).


16.Disclaimer; Risks.

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE PROVIDE THE SITE TO YOU “AS IS” AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WE CAN’T AND DON’T GUARANTY THAT ANY CONTENT OF, OR PRODUCTS OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH, THE SITE WILL BE FREE FROM VIRUSES AND/OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE ELEMENTS. IT IS YOUR RESPONSIBILITY TO IMPLEMENT APPROPRIATE SECURITY SAFEGUARDS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS AS TO THE SAFETY AND RELIABILITY OF YOUR USE OF THE SITE. OUR SERVICES RELY ON EMERGING TECHNOLOGIES, INCLUDING BLOCKCHAIN, CRYPTOCURRENCY AND SMART CONTRACTS. SOME FEATURES ON THE SITE ARE SUBJECT TO INCREASED RISK THROUGH YOUR USE OR MISUSE OF TECHNOLOGIES SUCH AS PUBLIC-PRIVATE KEY CRYPTOGRAPHY. BY USING SUCH FEATURES, YOU ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS.In addition, we are not responsible or liable for, and you assume all responsibility, liability and risks associated with:

Any gain or loss in value of any Digital ItemsActs or omissions of third parties, including Consensys Software Inc. (MetaMask’s licensor) or Interplanetary Networks, Inc.; Problems caused by third-party software, hardware, technology, platforms or services, including the Ethereum Blockchain, MetaMask, or the Interplanetary File System;

Artists or others minting on another platform another NFT associated with the same Artwork corresponding to a Site NFT; or The transfer, loss, or inability to demonstrate ownership or control of, any NFT.While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we don’t guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third-party alteration to the Site, please contact usith a description of the materials at issue and the URL or location on the Site where such materials appear.Moreover, the Internet or portions thereof may be subject to security breaches and other potentially harmful events. We are not responsible for any damage to any computer, software, hardware, equipment, content, data or other material resulting from any such security breach or harmful event, or from any Virus, bug, line failure, defect, delay in operation or transmission, deletion, error, fraud, interruption, omission, tampering, or unauthorized intervention, or any other technical or other malfunction.You acknowledge and agree that you: (a) have received sufficient information to make an informed decision to buy the Site NFT, (b) have carefully considered the code of the Site NFTs’ smart contract and understand and accept its functions and risks; and (c) assume all risks associated with NFTs and other cryptographic tokens, including risks of (i) losing access to the token as a result of losing seed phrases, usernames, passwords, private keys or other account credentials, problems with digital wallets, or custodial or purchaser error, (ii) hacking and security weaknesses, including phishing, brute-force, birthday, denial-of-service, 51% and other attacks, (iii) unexpected surges in activity or other operational or technical difficulties, and (iv) legal or regulatory action, taxation, personal information disclosure, and other foreseeable and unforeseeable risks.

17.Release.To the fullest extent permitted by law, you irrevocably and unconditionally release, acquit and discharge us and our successors and assigns from any and all past, present and future claims, demands, damages, fees, costs, rights and causes of action, known or unknown, suspected or unsuspected, disclosed or undisclosed, existing or contingent, direct or derivative, that have existed or may have existed, or that do exist, arising out of or related to: (a) acts or omissions of third parties, including disputes between users, or (b) other matters for which you have agreed that we are not responsible or liable. In particular, you knowingly and voluntarily waive all rights and benefits that you may have as a result of Section 1542 of the California Civil Code, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

18.Indemnity.

You shall indemnify and hold us harmless, and at our election defend us, from and against all third-party claims, demands, losses, liabilities, damages, costs, and expenses (including attorney’s fees) (collectively, “Claims”) arising from or related to: (a) your access or use of, or activities in connection with, the Site (including Site NFTs, Artwork, Digital Items, and payments); (b) your violation of this Agreement, any other policies posted on the Site, any applicable law or regulation or any agreement with any third party; or (c) any disputes between you and another user or any third party. You are solely responsible for your interactions with any other users in connection with the Site, including disputes, and we will have no liability or responsibility with respect thereto. Bluewill control the defense and settlement of all such Claims, and you shall reasonably cooperate in such defense.

19.LIMITATION OF LIABILITY.

WE WON’T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, WE WON’T BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY ANY OF US OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE THE TOTAL AMOUNT, IF ANY, THAT YOU’VE PAID KAIKAI KIKI IN THE SIX MONTHS BEFORE YOUR CLAIM ACCRUED.IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

20.Disputes.

Governing Law. This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, USA without regard to any conflicts of law principles that would result in the application of the law of another jurisdiction. Arbitration. Any dispute, controversy or claim arising out of or relating to this Agreement whether under contract, tort, statute or any other legal theory, or the breach, termination or invalidity of this Agreement, shall be finally settled by binding arbitration (“Arbitration”) administered by the American Arbitration Association and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in force before one or more arbitrators appointed in accordance with such rules. The place of arbitration shall be New York County, New York. The Arbitration proceedings shall be confidential and in English. The award rendered by the arbitrator(s) shall be final and binding on all parties. Judgment on the award may be entered in any court of competent jurisdiction. Any Arbitration brought in connection with this Agreement will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No Arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. To the extent allowed under applicable law, you and we also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person’s account if we are a party to the proceeding. You are giving up your right to participate as a class representative or class member on any class claim you may have against us, including any right to class arbitration or any consolidation of individual arbitrations. Time Limit on Claims. Any arbitration must be noticed within one year after the applicable claim accrued. Otherwise, the claim will be permanently barred, which means that the aggrieved party (whether you or us) will not have the right to assert the claim.


An NFT is NOT an investment. It is a purchase of a generative piece of art. NFT buyers should not reasonably expect capital appreciation of the digital asset or to derive profits from their asset as a result of the creator’s efforts or the efforts of any third party
Terms of use for the purchase of an NFT (Non-Fungible Token) from Blue CEO


The purchased NFT is a digital artwork that has been digitally signed by the artist, uniquely identified in the blockchain and uploaded as a limited edition. The NFT consists of a visual piece of art and a CSV/JSON dataset of characteristcs and attributes of the generative art. The generated NFT is a proof of ownership and authenticity of this edition of the digital artwork. The purchase of the NFT is final. The buyer purchases a signed and limited edition copy of the digital artwork to own. Buyer acknowledges that ownership of an NFT does not carry with it any rights, express or implied, other than ownership rights in the NFT (the digital artwork tokenized by the NFT). Upon purchase, Buyer may access the digital file to view or print on any digital device for use. Upon purchase, the buyer receives the right to use, distribute and display the creation.