Terms & Conditions

[Unlockable Bonuses section subject to change in response to user requests, to aid clarity, or at the end of year one or year two]

*No boat included. "Own Boaty McBoatface" or "Ownership" refers to the NFT artwork, and the fractionalised percentage ownership share of James Hand's Boaty McBoatface phenomenon stated in the NFT. The information provided is intended for experienced crypto art collectors only. This website does not contain investment advice or recommendations. This website does not execute sales. If NFTs or NFT sales or transactions are not legal in your jurisdiction, region, state, or country, you are not permitted to participate in McBoatfaces. If you are in any way unsure about NFTs, smart contracts, or crypto art, please seek independent specialist advice.

Information believed to be correct at time of publishing, and is provided in good faith as commentary only. Any pricing information excludes gas, applicable taxes, escrow, currency exchange costs, and other fees. Gas fees may apply. Prices subject to change without notice in line with supply, market demand, and trends. While every effort is made to ensure that the information we provide is accurate, users are strongly advised to carry out their own due diligence checks.

The primary sale will take place via OpenSea, a third-party website.

Important: Please be aware that even if you lose or cancel your bid for a NFT/NFTs, you will still have to cover any associated gas fees. Neither McBoatfaces nor OpenSea control or receive any portion of these costs.


Your Ownership of McBoatfaces NFTs

Apart from the content, all other design rights, copyrights, trademarks, product names, and logos on the website relating to and including the NFTs, are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property right owner.

When you buy a McBoatfaces NFT, you own the NFT and have the right to sell or give away the NFT. If the NFT is associated with a sale item, you will have a worldwide, perpetual, exclusive, transferable, licence to use, copy, and display the sale item for your NFT, for so long as you own the NFT, solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of the McBoatfaces.com website that permits the purchase, sale and display of your NFT [not currently available]; (c) as part of a third party website or application that permits the purchase, sale, display, inclusion, involvement, storage, or participation of your NFT. A 10% royalty applies to secondary sales.


Unlockable Bonuses

The unlockable bonuses [#561-600] are reserved for collectors to unlock, on provision of extensive positive proof that they have met the requirements to enable unlocking. Unlockable bonuses are available on a first come first served basis; once a bonus has been unlocked, McBoatfaces Parties will have no ability, or legal requirement, to retrieve or reverse its unlocking and release. The unlocking process will be monitored and executed in good faith; McBoatfaces cannot be held liable if unlockable bonuses are unlocked fraudulently or in error. Unlockable bonus requirements may be relaxed or revised at the end of year one, or the end of year two in order to facilitate unlocking opportunities for the cohort of owners. A three-year deadline applies: any unlockable bonus pieces that remain unlocked may be auctioned, sold, or otherwise released. In any dispute relating to unlockable bonuses, the McBoatfaces review decision is final.

Here are the requirements for unlocking. This information may be updated at any time in response to user requests for clarification.

McBoatfaces #561-570 – Beepy

Blue unlockable via full set of ten BG colours #201-210 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Teal unlockable via full set of ten BG colours #211-220 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Green unlockable via full set of ten BG colours #221-230 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Yellow unlockable via full set of ten BG colours #231-240 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Orange unlockable via full set of ten BG colours #241-250 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Red unlockable via full set of ten BG colours #251-260 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Purple unlockable via full set of ten BG colours #261-270 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Pink unlockable via full set of ten BG colours #271-280 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Silver grey unlockable via full set of ten BG colours #281-290 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Dark grey unlockable via full set of ten BG colours #291-300 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

McBoatfaces #571-580 – Wobbly

Blue unlockable via full set of ten BG colours #101-110 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Teal unlockable via full set of ten BG colours #111-120 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Green unlockable via full set of ten BG colours #121-130 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Yellow unlockable via full set of ten BG colours #131-140 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Orange unlockable via full set of ten BG colours #141-150 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Red unlockable via full set of ten BG colours #151-160 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Purple unlockable via full set of ten BG colours #161-170 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Pink unlockable via full set of ten BG colours #171-210 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Silver grey unlockable via full set of ten BG colours #181-190 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Dark grey unlockable via full set of ten BG colours #191-200 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

McBoatfaces #581-590 – Droney

Blue unlockable via full set of ten BG colours #001-010 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Teal unlockable via full set of ten BG colours #011-020 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Green unlockable via full set of ten BGcolours #021-030 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Yellow unlockable via full set of ten BG colours #031-040 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Orange unlockable via full set of ten BG colours #041-050 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Red unlockable via full set of ten BG colours #051-060 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Purple unlockable via full set of ten BG colours #061-070 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Pink unlockable via full set of ten BG colours #071-080 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Silver grey unlockable via full set of ten BG colours #081-090 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

Dark grey unlockable via full set of ten BG colours #091-100 [versions: minimum 8 coloured ring, with up to 2 no ring/white ring matching proxies acceptable]

McBoatfaces #591-600 – Boaty

Blue unlockable via minimum 5% ownership [across qualifying set], plus a version of all 30 characters in blue BG set [versions: coloured ring, no ring, white ring all acceptable]

Teal unlockable via minimum 5% ownership [across qualifying set], plus a version of all 30 characters in teal BG set [versions: coloured ring, no ring, white ring all acceptable]

Green unlockable via minimum 5% ownership [across qualifying set], plus a version of all 30 characters in green BG set [versions: coloured ring, no ring, white ring all acceptable]

Yellow unlockable via minimum 5% ownership [across qualifying set], plus a version of all 30 characters in yellow BG set [versions: coloured ring, no ring, white ring all acceptable]

Orange unlockable via minimum 5% ownership [across qualifying set], plus a version of all 30 characters in orange BG set [versions: coloured ring, no ring, white ring all acceptable]

Red unlockable via minimum 5% ownership [across qualifying set], plus a version of all 30 characters in red BG set [versions: coloured ring, no ring, white ring all acceptable]

Purple unlockable via minimum 5% ownership [across qualifying set], plus a version of all 30 characters in purple BG set [versions: coloured ring, no ring, white ring all acceptable]

Pink unlockable via minimum 5% ownership [across qualifying set], plus a version of all 30 characters in pink BG set [versions: coloured ring, no ring, white ring all acceptable]

Silver grey unlockable via minimum 5% ownership [across qualifying set], plus a version of all 30 characters in silver grey BG set [versions: coloured ring, no ring, white ring all acceptable]

Dark grey unlockable via minimum 5% ownership [across qualifying set], plus a version of all 30 characters in dark grey BG set [versions: coloured ring, no ring, white ring all acceptable]


Risks – Do your Own Research

You understand and agree that your purchase, or access and use of McBoatfaces NFTs are subject to certain risks including without limitation:

(1) Price and liquidity of blockchain assets, including the NFTs, are extremely volatile and may be subject to fluctuations;

(2) Fluctuations in the price of other digital assets could materially and adversely affect NFTs;

(3) Legislative and regulatory changes or actions may adversely affect the use, transfer, and value of the NFTs;

(4) NFTs are not legal tender and are not back by any government;

(5) Transactions involving NFTs may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable;

(6) The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, and therefore the value of NFTs is subject to the potential for permanent or total loss of value should the market for NFTs disappear;

(7) NFTs are subject to the risk of fraud, counterfeiting, cyber-attacks and other technological difficulties which may prevent access to or use of your NFTs.

You understand and agree that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of the above and similar risks for yourself. 'McBoatfaces Parties' do not give any advice or recommendations regarding the NFTs. You understand and agree that you access and use McBoatfaces NFTs at your own risk. You understand and agree that 'McBoatfaces Parties' will not be responsible for any failures, disruptions, or errors you may experience when using the NFTs or the OpenSea platform.


'Save The Sea' initiative

We will make informed choices to distribute ring-fenced funds received from McBoatfaces NFTs to make discretionary donations to water-based charities; charities that we can see [or we believe] are delivering real-world outcomes. We will endeavour to maximise the benefit and/or impact of donations made to charities. The 'Save The Sea' initiative is not a charity, but may subsequently be structured to apply for registered charitable status.


Taxes

You agree that you are solely responsible for determining what, if any, taxes apply to your McBoatfaces NFT transactions. Neither McBoatfaces, or OpenSea is responsible for determining the taxes that may apply to your NFT transactions.


Disclaimers

McBoatfaces NFT owners may engage in promotion of their NFTs, including without limitation their Sale Item, through various communications channels such as their social media accounts, or secondary marketplaces. 'McBoatfaces Parties' is not responsible for any communications and/or promotional activities carried out by McBoatfaces NFT owners, and will not be liable to you in relation to any such communications and/or promotional activities.

While we can guarantee the authenticity of primary sale items bought legitimately/directly from McBoatfaces, you bear full responsibility for verifying the identity, legitimacy, and authenticity of any McBoatfaces assets you purchase via secondary markets. 'McBoatfaces Parties' makes no claims about the identity, legitimacy, or authenticity of assets for sale on/in secondary markets.

Except as expressly provided to the contrary in writing by McBoatfaces, the Website, content contained therein, and the NFTs are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. 'McBoatfaces Parties' make no warranty that the website or NFTs will (1) meet your requirements; (2) be available on an uninterrupted, timely, secure, or error-free basis; or (3) be accurate, reliable, complete, legal, or safe.

'McBoatfaces Parties' will not be liable for any loss of any kind from any action taken or taken in reliance on material or information contained on the website or in the NFTs. 'McBoatfaces Parties' does not represent or warrant that any content on the website is accurate, complete, reliable, current, or error-free.

While McBoatfaces attempts to make your access to and use of the website and content safe, 'McBoatfaces Parties' does not represent or warrant that the McBoatfaces or OpenSea website, content, any NFTs listed on the websites are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You acknowledge and accept the inherent security risks of providing information and dealing online over the Internet. 'McBoatfaces Parties' will not be responsible for any breach of security via McBoatfaces.com or third party websites such as OpenSea.

'McBoatfaces Parties' will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of the NFTs including but not limited to, any losses, damages, or claims arising from: (1) user error such as if you forget your password(s), incorrect transactions, or mis-typed addresses; (2) server failure or data loss; (3) corrupted wallet files; (4) loss of NFTs.

McBoatfaces is not affiliated with the UK Government, UKRI, or NERC.

TO THE FULLEST EXTENT PROVIDED BY LAW, 'MCBOATFACES PARTIES' HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND CONTENT CONTAINED THEREIN. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL 'MCBOATFACES PARTIES' BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF 'MCBOATFACES PARTIES' HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF THE MCBOATFACES WEBSITE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF 'MCBOATFACES PARTIES' ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS AND USE OF THE SITE, CONTENT NFTS OR ANY PRODUCT OR SERVICES PURCHASES ON THE SITE EXCEED US$100. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF MCBOATFACES FOR PERSONAL INJURY CAUSED BY MCBOATFACES’S NEGLIGENCE OR FRAUD OR FRAUDULENT MISREPRESENTATION.


Indemnification

To the fullest extent permitted by Applicable Law, you agree to indemnify, defend and hold harmless McBoatfaces and our past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, shareholders, stakeholders, successors and assigns (individually and collectively the 'McBoatfaces Parties'), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the website, content or NFTs, (b) your breach of these Terms, and (c) your breach or violation of the rights of a third party, including another user or third party service provider. You agree to promptly notify McBoatfaces of any third-party claims and cooperate with the 'McBoatfaces Parties' in defending such claims. You further agree that the 'McBoatfaces Parties' shall have control of the defense or settlement of any third-party Claims.

THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES THAT MAY BE SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND MCBOATFACES.


Governing Law and Jurisdiction

These Terms are governed by and shall be construed in accordance with the laws of England without regard to any choice or conflict of laws rules. Any dispute, controversy or claim, whether contractual or non-contractual, arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, or any other issue which shall arise in virtue of these Terms, shall be referred to and finally settled by arbitration administered by the London Court of International Arbitration (LCIA) under the LCIA Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be English law. The seat of arbitration shall be in England. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in the English language.