TERMS AND CONDITIONS
All services performed by THANK YOU X, LLC (the "Artist") relating to STATE OF THE ART NFT by Thank You X Collection (the "NFT") for each Holder shall be subject to the following terms and conditions of service. "Holder" hereunder shall mean the person or entity who purchased the NFT.
1. Claim Your Canvas
In order to claim a hand painted canvas which is a match to each Holder NFT (the "Canvas"), each Holder must complete the following steps:
a. Log into https://www.stateoftheart.world/ to identify a specific NFT and its corresponding Canvas.
b. To claim a specific Canvas, a Holder must then pay a $20 shipping and packaging fee.
c. The window to claim a Canvas is from March 8, 2023 at 11:00am PST to March 22 2023 at 11:00am PST. After the end date, no Canvas may be claimed. There are no exceptions to this provision.
d. Each Canvas may vary in size, but shall be approximately 7.2 inches x 9 inches. Each Canvas is hand cut so there will be a variance.
e. Each Canvas is hand painted so there may be some variance in the color, design and overall aesthetic of the Canvas from the NFT.
a. Each Canvas shall be professionally packed in a safe and reasonable manner by Artist. Artist shall ship each Canvas through a reputable third party shipping company (i.e. FedEx, UPS, DHL). Each Holder shall receive a tracking number corresponding to their specific Canvas. Each Holder hereby agrees and acknowledges that a third party shipping company shall handle and deliver their Canvas. Please allow for 4 - 6 weeks for your Canvas to be shipped to you. If you have not received a shipping tracking number within 6 weeks of your claim date, please contact email@example.com.
b. Upon shipment via a reputable shipping company, Artist's liability to Holder for the delivery of the Canvas shall cease. Under no circumstance, shall Artist be liable to any Holder if the Canvas is not delivered and/or is lost by the shipping company.
c. Each Holder hereby agrees and acknowledges that any claim for loss and/or damages relating to the delivery of a Canvas shall be between the Holder and such third party shipping company. Artist shall be fully indemnified for any and all losses, expenses, and costs (including reasonable legal fees) incurred by any Holder in connection with any dispute, action or similar legal proceeding concerning the failed delivery of a Canvas or any damage to a Canvas.
3. No Agency
a. Nothing in this agreement shall constitute any sort of agency relationship between the Holder and the Artist.
a. These terms and conditions shall be severable. In the event that any provision herein is held to be invalid, void or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain unaffected in full force and effect.
5. No Modification or Waiver
a. These terms and conditions may not be modified or amended except by written notice of the Artist.