Terms of service
TINTINIMAGINATIO is the exclusive worldwide holder of all Rights related to the work of HERGÉ, notably the rights to reproduce, adapt and represent the work of HERGÉ.
In this capacity, TINTINIMAGINATIO has decided to launch the NFT (see definition below) tokenization of the first sketch of The Blue Lotus cover (see definitions, The Blue Lotus first cover & the underlying digital asset) to be issued (or dropped) as a limited number from 0001 to 1777 (one thousand seven hundred seventy-seven). Each of The Blue Lotus NFTs is unique and not reproducible.
TINTINIMAGINATIO allows you in compliance with the Smart Contract (as defined below) to participate, by buying, collecting, displaying, and selling The Blue Lotus NFT via and among other NFT marketplaces and is made available to you by TINTINIMAGINATIO in high-quality resolution to be minted as an NFT via the Website (see definition below).
In addition to that, the first sketch of The Blue Lotus cover has been printed as a limited series (777) and each one will be individually numbered and accompanied by an NFT certificate after minting (see definition).
These 777 prints and the 777 associated NFTs of The Blue Lotus certificates will also be available for purchase via the Website. Each Blue Lotus certificate is attached exclusively to the aforementioned print and is an accessory to it.
An author's print had been made on March 23rd, 1981, for the inauguration of a new rotary press at the printer Casterman. For the occasion, Casterman had reproduced a hundred copies of this draft cover, for the guests, which had been signed by Chang and Hergé.
By clicking the “Connect your wallet” button, completing the account registration process and/or using TINTINIMAGINATIO’s NFT Website, you confirm that you understand and agree to these terms and conditions, together with any documents that may be expressly referred to and are incorporated by reference (“Terms”).
These Terms constitute a legal agreement between you and TINTINIMAGINATIO and govern your access to and use of the Website, including any content, functionality, and services offered on the purchase of The Blue Lotus NFT and/or the 777 prints together with the attached NFT certificates, or through TINTINIMAGINATIO’S Website (the “Website”).
TINTINIMAGINATIO reserves the right to change or modify these terms at any time and at our sole discretion. You agree and understand that by accessing or using the Website following any change to these Terms, you are regarded as having agreed to the revised Terms.
“Applicable Law”: any law, rule, statute, subordinate legislation, regulation, by-law order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgement, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to these Terms), property, transaction, activity, event or other matters, including any rule, order, judgement, directive or other requirement or guideline issued by any governmental or regulatory authority;
“Artwork”: The first draft illustration made by Hergé in 1936 for the front cover image of The Blue Lotus as sent by the latter to his publisher Casterman on February 12th, 1936.
“Blockchain”: blockchain is a growing list of records, called blocks, that are securely linked together using cryptography. Each block contains a cryptographic hash of the previous block, a timestamp, and transaction data.
“Non-fungible token” “NFT”: NFT (or Non-Fungible Token) is a technology that allows digital certification and authentication of an asset (in this case, a drawing by Hergé) in order to establish its ownership and the use that is made of it. Each NFT can only have one official owner at a time, and they are secured by the Ethereum blockchain – no one can modify the record of ownership or copy/paste a new NFT into existence. On the contrary, NFTs are unique, although there may be multiple “editions” of a particular work of art or collectible available for sale, each evidenced by its own NFT. The multiple editions do not impact the non-fungible quality of the NFT. As such, every single Tintin NFT will receive its own ID and is therefore by definition, unique on the blockchain as a Non-Fungible Token (NFT).
“Sale Item(s)” means any one or more of the following without limitation:
- Any digital work of art (including without limitation, designs, drawings, prints, images in any form or media, including without limitation videos and photographs);
- Audio files;
- Collectibles (digital and non-digital);
- Memorabilia (digital and non-digital);
- Digital add-ons or extras, goodies;
- Games/other digital assets;
Sale Items will among others, include The Blue Lotus NFT, The Blue Lotus prints, The Blue Lotus NFT Certificate and/or The Blue Lotus Utilities or Extras related to the Tintin NFT.
“Connect your wallet form”: the web pages or pop-ups displaying the registration form in which personal information and other information is entered including connecting your wallet.
”We/us/our” means TINTINIMAGINATIO.
”You/your” means the User of the Website or the purchaser of The Blue Lotus NFT and/or the Print with the related Blue Lotus NFT certificate.
“The Blue Lotus NFT”: Tokenization of the Artwork (as defined) in its digital form to (i) be issued (or dropped) in a limited number from 0001 to 1777 (one thousand seven hundred seventy-seven) and to be minted on the Blockchain. Each of The Blue Lotus NFTs is unique and not reproducible.
“The Blue Lotus NFT certificate”: Tokenization of the certificate intrinsically related to each of The Blue Lotus prints numbered from 001 to 777 to buy together with the aforementioned Print and to mint on the Blockchain.
“The Blue Lotus Print(s)”: the Artwork (as defined) has been printed as a limited series (777), each one individually framed, numbered from 001 to 777 and accompanied by an NFT certificate to obtain simultaneously and mint on the Blockchain.
“TINTIN NFT”: Generic term used to describe the NFT editions related to the work of Hergé – The Adventures of Tintin, including but not limited to The Blue Lotus NFT and/or The Blue Lotus NFT certificate.
“Utilities and extras”: unlockable content, i.e., content that is only accessible to those who hold a particular TINTIN NFT. Such content can be anything; from higher resolution versions of the NFT’s image, video and related materials, access to secret communities, or even simple discount codes and other digital add-ons, all of which are potential forms of unlockable content.
The “Wallet”: To buy, hold and transfer a TINTIN NFT, a wallet must be open or created with a third provider which supports the TINTIN NFT format. Wallets also allow users to send, receive, and spend cryptocurrency. It also needs to support the currency used to buy and sell TINTIN NFTs, such as Ether. Your account (see article below) will be linked to your wallet.
“The Website”: The dedicated Website: The NFT pages on Tintin.com which are customised to the specific NFT campaign or drop and guide users in every step to discover, buy, collect, or sell TINTIN NFTs.
“Whitelisting”: NFT whitelisting is the process of getting a crypto wallet address pre-approved for minting. Besides a minting priority, users of whitelisted addresses may enjoy other benefits like reduced transaction fees and exclusive content, depending on the project. Whitelisting allows NFT projects to reward early supporters with guaranteed slots for them to mint an NFT (or multiple NFTs depending on the whitelisting/project rules).
TINTINIMAGINATIO has sole and absolute discretion to allow or disallow your access to whole/some restricted areas of the Website.
By agreeing to these Terms, you represent and warrant that:
- You are at least 18 years of age.
- You have the full right, power, and authority to agree to these Terms.
- You are not impersonating any other person.
- You will not use the Website if any Applicable Laws in your country prohibit you from doing so in accordance with these Terms.
- You are compliant with all Applicable Laws to which you are subject.
You must create an account (“Account”) to purchase a Sale Item. To create an account, we will require you to provide certain information about yourself, (including linking your wallet), and we may, in our sole discretion, require you to provide further information and/or documents at any stage during your use of the platform. We may, at our sole discretion, refuse, decline, suspend or disable your access or use of the Website.
By registering on the Website and completing the registration form, the User agrees to be careful to provide correct, precise, and complete personal information to the Website. If there are any changes to this personal information the User will update the details held by the Website to ensure that they remain correct, complete, and up to date. The User agrees not to use another person’s identity or to use a false name. If some of the information provided by the User is false or imprecise, the Website reserves the right to suspend or cancel access to restricted areas of the Site.
A person may only register once as a user on the Website and confirm with their registration that he/she is not yet registered.
We may in our absolute and sole discretion change, update, amend, remove, or discontinue any part of the Website, the services, the Utilities/Extras and the Contents (as mentioned below) at any time without prior notice to you.
By buying a Sale Item, (NFT – prints), through the order process, on the Website, you agree to pay all applicable fees, taxes, duties, or costs as stipulated in the FAQ and on the checkout screen at the time of your purchase. TINTINIMAGINATIO will include in the Sale item/NFT prices the taxes that may apply to your NFT purchase.
We hereby grant you a limited, non-exclusive, non-transferable, revocable authorisation to access and use the Website and content. Our grant of such authorisation is subject to the following conditions. You undertake not to (and shall not, knowingly, or otherwise, authorise, allow or assist any other party to):
- Use the Website, or your Account to conduct electronic spamming or otherwise distribute any unsolicited or unauthorised advertising, promotional or marketing material, junk or chain messages.
- Use the Website, or your Account to perform unlawful activities which violate any Applicable Laws (including but not limited to money laundering, terrorist financing and/or fraudulent activities) or immoral activities.
- Use the Website, or your Account to engage in any activity which operates to defraud TINTINIMAGINATIO, other users, or any other person, or to provide any false, inaccurate, or misleading information to TINTINIMAGINATIO.
- Use the Website, or your Account to upload content that contains or is infected with viruses, malicious codes, Trojan horses, is immoral or illegal or contains any other harmful or deleterious programmes.
- Modify or adapt the whole or any part of the Website or incorporate the Website into any other programme or application.
- Disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the Website or any componentsthereof.
- Use the Website, or your Account in any manner that would lead to infringement of our or any third party’s intellectual property rights, including without limitation any copyright, patent or trademark. You undertake not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon our intellectual property interests.
- Use the Website, or your Account in a way that could damage, disable, impair or compromise the Website or interfere with other users or affect the reputation of TINTINIMAGINATIO.
- To take any action to gain or attempt to gain unauthorised access to the account or wallets of other users.
- Take any action that imposes an unreasonable or disproportionately large burden or load on TINTINIMAGINATIO’s infrastructure (including, but without limitation to our servers, networks, data centres and related or like equipment) and detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of TINTINIMAGINATIO.
- Engage in any other activities deemed inappropriate by us or which are in contravention of these Terms or any Applicable Laws; and/or
- Provide false, inaccurate, incomplete, or misleading information to TINTINIMAGINATIO or any of its Affiliates or third-party service providers.
The possibility to purchase the TINTIN NFTs is preceded by the Whitelisting Phase. Whitelisting means that you have the possibility to show your interest in purchasing TINTIN NFTs by providing your email address and connecting your Ethereum wallet on the Website.
As a whitelisting participant you will have a two-day window (first come, first served basis) - just before the official public drop date - to purchase your chosen TINTIN NFTs. The remaining TINTIN NFTs will be released for public sale after the Whitelisting Phase.
Get early access to buying TINTIN NFTs
- One or more - up to a maximum of 5 - of the 1,777 digital copies of the first illustration project for the front cover of The Blue Lotus created by Hergé in 1936 (“The Blue Lotus” NFTs), and/or
- One or more-up to a maximum of 2 - of the 777 prints of the first project of The Blue Lotus cover (“The Blue Lotus” Print(s)) together with the NFT certificate attached.
The Whitelisting Phase commences on February 17th, 2023, 00:00am (CET), and ends on March 31st, 2023, 12:00 p.m. (CET).
Everyone registered for whitelisting will have 48 hours - just before the official public drop date - to buy their NFTs as a benefit for whitelisting participation. If the applications to purchase the NFTs are oversubscribed, they will be sold on a first come first served basis. The electronic registration will be used as evidence. This “first come – first served” principle will only apply for the two-day period during which any whitelisted participant gets early access to buying TINTIN NFTs.
Please note that in case they are oversubscribed, your desired number of TINTIN NFTs could be reduced.
Unless otherwise indicated by us, the Website, all content, and other materials contained therein, including, without limitation, the TINTINIMAGINATIO logo, and all designs, text graphics, pictures, information, data, software, and files relating to TINTINIMAGINATIO’s Website and NFT (the “Content”) are the proprietary property of TINTINIMAGINATIO.
TINTINIMAGINATIO’s logo and any content, product or service names, logos, or slogans which may appear on the Website or elsewhere are the proprietary property of TINTINIMAGINATIO and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
Unless otherwise stated, you may not use any Content without our express written permission.
We reserve the right to suspend or terminate any Account that has actually or allegedly infringed upon our intellectual property rights.
The purchase of a Sale item is only possible after successful registration on the Website. Registration requires the verification of your email address. By confirming your email address, you will also accept these Terms.
You may purchase a Sale item through the Checkout process. Your purchase is subject to the rules available on the Website’s FAQ.
There is no statutory right to withdraw from your purchase of The Blue Lotus NFT (1,777 Tintin “purely digital” NFT(s)) as these are intangible/collectible assets.
As for the purchase of the print and the related The Blue Lotus NFT certificate, you have a withdrawal right for, your purchase provided that:
- You have not used the code for minting the certificate
- You exercise your right within a 14-day period from receipt of the print and pay the shipping costs of returning the assets.
- The returned print/frame and package is complete and undamaged.
You may only buy by linking your digital Wallet, which must be the type supported by TINTINIMAGINATIO, to your Account.
All copyrights, trademarks, product names, and logos on the Website relating to and including the NFT, are the property of TINTINIMAGINATIO and may not be copied, imitated, or used, in whole or in part, without its permission.
When you buy an NFT on TINTINIMAGINATIO’s website, you own the NFT and have the right to display, sell or give away the NFT. If the NFT is associated with a Sale Item, you will have a perpetual, exclusive, transferable right to use and display the Sale Item related to 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 a NFT marketplace that permits the purchase, sale and display of your TINTIN NFT associated or not to the Print; (c) as part of a third party website or application which allows you to search, promote or store your NFT.
We reserve the right, without notice and at our sole discretion, to terminate or suspend your access to or use of the Website and any content and/or close your Account, at any time for legitimate reason, in particular, if we suspect in our sole discretion that:
- Your Account is being used for illegal activity.
- You have concealed or provided false information.
- You have engaged in fraudulent activity; and/or
- You have engaged in activity in violation of these Terms.
The Website and any services provided via the Website are provided “as is” and “as available” without warranty of any kind. You understand and agree that your access and use of the Website when buying an NFT is subject to certain risks including without limitation:
- Price and liquidity of blockchain assets, including the NFT, are extremely volatile and may be subject to fluctuations.
- Fluctuations in the price of other digital assets could materially and adversely affect the NFT.
- Legislative and regulatory changes or actions may adversely affect the use, transfer, and value of the NFT.
- NFTs are not legal tender and are not backed by any government.
- Transactions involving NFTs may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable.
- The value of an NFT may be derived from the continued willingness of market participants to exchange Fiat and other crypto currency or digital assets for NFTs, and therefore the value of NFTs are subject to the potential for permanent or total loss of value should the market for NFTs disappear.
- NFTs are subject to the risk of fraud, counterfeiting, cyber attacks and other technological difficulties which may prevent access to or use of your NFT.
You understand and agree that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself. TINTINIMAGINATIO does not give any advice or recommendations regarding the NFT. You understand and agree that you access and use the Website (including purchasing an NFT) at your own risk. You understand and agree that TINTINIMAGINATIO will not be responsible for any communication failures, disruptions, errors, or distortions you may experience when purchasing or using the NFT on the Website or subsequently on the secondary market via the marketplace.
Except as expressly provided to the contrary in writing by TINTINIMAGINATIO, the Website, content contained therein, and the NFT listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied.
TINTINIMAGINATIO and its suppliers make no warranty that the Website 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.
TINTINIMAGINATIO will not be liable for any loss of any kind from any action taken, or reliance on material or information contained on the Website. TINTINIMAGINATIO does not represent or warrant that any content on the Website is accurate, complete, reliable, current or error free.
While TINTINIMAGINATIO attempts to make your access to and use of the Website and content safe, TINTINIMAGINATIO does not represent or warrant that the Website, content, any NFT listed on the Website, or any other part of the Website 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. We will not be responsible for any breach of security unless it is due to our gross negligence.
We will not be responsible or liable to you for any losses and take no responsibility for, and will not be liable to you for, any use of the NFT 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 mistyped addresses; (2) server failure or data loss; (3) corrupted wallet files; (4) loss of an NFT or its not-activation or non-use.
TO THE FULLEST EXTENT PROVIDED BY LAW, TINTINIMAGINATIO 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 WEBSITE AND CONTENT CONTAINED THEREIN. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TINTINIMAGINATIO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE WEBSITE, SALE ITEM 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 TINTINIMAGINATIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF THE WEBSITE, SALE ITEM 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 TINTINIMAGINATIO ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS AND USE OF THE WEBSITE, NFT CONTENT OR ANY SALE ITEM OR SERVICES PURCHASED ON THE SITE EXCEED THE FACE VALUE OF EACH TINTIN NFT OR THE BLUE LOTUS PRINT. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO THE LIABILITY OF TINTINIMAGINATIO FOR PERSONAL INJURY CAUSED BY TINTINIMAGINATIO’S NEGLIGENCE OR ANY INJURY CAUSED BY TINTINIMAGINATIO’S FRAUD OR FRAUDULENT MISREPRESENTATION.
These Terms may from time to time be updated or amended. We will post any such updates on the Website. Such updated Terms as posted will take effect immediately unless otherwise indicated. You should check the Website regularly to familiarise yourself with any such changes. In addition, we may at any time change, add or remove any feature or functionality of the Website without prior notice. By continuing to use the Website after any such changes have taken effect, you are indicating your acceptance of the updated or amended Terms as well as your acceptance of the updated Website. If you do not wish to be bound by any changes or amendments to these Terms then you should stop using the Website immediately.
Unless otherwise stated herein, these Terms, and any rights and obligations and licences granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned or delegated by you to any third party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction, including without limitation to any of the entities within the TINTINIMAGINATIO group, or to any successor with an interest in any businesses associated with TINTINIMAGINATIO’s Website. Any attempted transfer or assignment in violation hereof shall be null and void.
If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws.
These Terms constitute the entire agreement between the parties regarding its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, (whether oral or in writing, express or implied). Each party acknowledges that in agreeing to these Terms it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.
These Terms are concluded in the French language and all communications including any notices or information being transmitted shall be in French and English. In the event that these Terms or any part of them are translated (for any proceedings, for your convenience or otherwise) into any other language, the French language text of these Terms shall prevail.
These Terms shall not be waived in whole or in part except where agreed by the parties in writing.
The delay of enforcement or the non-enforcement of any of these Terms by any party shall not be construed as a waiver of any of the other rights of that party arising out of the breach or any subsequent breach of any of these Terms and no right, power or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
By using the Website or boutique.tintin.com, you agree that we may provide you with notices or other communications, including marketing, relating to your use of the Website electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting on the Website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us.
Notices to us should be sent electronically to TINTINIMAGINATIO’s email address.
These Terms are governed by and shall be construed in accordance with the laws of The Kingdom of Belgium without regard to any choice or conflict of legal 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, ruled and finally settled by the Courts of Brussels.