Update : 01.08.2022
- PURCHASE AND OWNERSHIP
May include the ability to redeem an electronic certificate for goods, services, and experiences, which may be unique or part of a limited series, or redeemable only for a specific number or amount of goods, services, and experiences, where expressly stated in the description of such NFTs, include additional functionality, content, or subscription access to goods, services, and/or experiences.
Might be subject to additional conditions or restrictions outlined in the NFT’s description; and issues are governed by relevant legislation in force at the time.
Ownership – NFTs
“Own” refers to your ownership rights in an NFT that you have bought or otherwise lawfully acquired from a reputable source, where a record of your purchase has been made on the relevant blockchain. In connection to any NFT that you own, you acknowledge that you do so in compliance with any accompanying description. The Issuer may, at its discretion, offer NFTs through third-party websites or wallet extensions (which may be owned or run by third parties). You consent to abide by any terms of service or privacy policies that may be relevant when using any Third-Party Sites.
Any NFT you possess may be transferred, but the recipient will be bound by these NFT rules unless otherwise specified in the description of the relevant NFT. The utility tokens we offer are called ” NFT,” and they are connected to certain products, services, and experiences. In order to invest, resell, or speculate, you should not buy our NFT. Their worth, marketability, or transferability in the present or the future cannot be guaranteed.
Ownership – Creative materials
You acknowledge and agree that all artwork, designs, drawings, photographs, labels, logos, insignia, trademarks, trade dress, copyright, recipes, formulas, and other creative materials that may be connected to any NFT that you Own (collectively, “Creative Materials”), as well as all related intellectual property rights, are owned by Issuer (or, as applicable, its licensors). Your ownership and use of the Creative Materials are only permitted to the extent expressly permitted in the section below under “Intellectual Property Ownership, Licenses, and Restrictions.” In spite of any NFT purchases, all ownership rights to the Issuer Intellectual Property (defined below), including the Creative Materials and other Issuer Intellectual Property incorporated into any NFTs (including NFTs that you Own), as well as all copyrights, trademarks, and other intellectual property rights therein, are held by Issuer or its licensors, and you agree not to infringe, violate or misappropriate those exclusive rights.
Risks of NFTs
Once you own an NFT, you are responsible for any loss, damage, or loss of access to that NFT; regardless of the reason, neither the Issuer nor any of its licensors will be held liable. You explicitly acknowledge and accept that the Platform and any NFTs are supplied “as is” and “as available” and that you use them at your own risk.
Terms of sale
NFT sales are always final. You must take action right away to finish your transaction after making a purchase of an NFT (e.g., activate or download any content or secure any seed phrase or corresponding private key). For NFTs, we support the use of safe offline storage techniques. There are several payment alternatives accessible to you when buying NFTs, including real money and virtual or cryptocurrency. Where permitted by these NFT Terms and relevant law, you may sell or otherwise transfer an NFT that you Own. Any sale or transfer must stipulate that all your then-remaining rights in relation to that NFT are transferred. Any person who receives such NFTs from you consents to and is obligated to abide by these NFT Terms. You are strictly forbidden to sell, swap, donate, give away, transfer, or otherwise dispose of your purchased NFT to any person who is not twenty-one (21) years or older.
The price of each NFT will be determined by us in our sole discretion and displayed on the Platform at the time of purchase.
- SPECIAL RULES PERTAINING TO REDEEMABLE ELEMENTS
The following additional rules shall apply, in addition to any other limitations imposed by applicable law, with respect to any NFT that includes a digital certificate that gives you the right to receive an exclusive release.
The Platform and any NFTs you own are exclusively available for your private, non-commercial use and are intended solely for your entertainment pleasure. You consent to use neither the Platform nor the NFTs you own for any other function. To access the NFTs, we retain the right to request that you register with us or one of our Platform partners. You consent to provide true, current, and comprehensive information about yourself if you are asked to register an account with us or any such third party.
- INTELLECTUAL PROPERTY OWNERSHIP, LICENSES AND RESTRICTIONS
We (or, as appropriate, our licensors) own all rights, title, and interest in and to the Creative Materials, all proprietary source code, object code, and other technology associated with the NFTs, as well as all other content and materials made available through the NFTs, any associated application, and all related intellectual property rights (collectively, “Issuer Intellectual Property”). This ownership is subject to the licenses expressly granted below. In accordance with these NFT Terms, Issuer Intellectual Property may only be utilized in connection with the NFTs and for private, non-commercial purposes. Limitations on use.
You should presume that, unless otherwise specified, all Issuer Intellectual Property is shielded by copyright, trademark, and other applicable intellectual property rights and is only permitted to be used in accordance with these NFT Terms. Without the prior written consent of Issuer and/or any third party that may own additional intellectual property, Issuer does not grant any license or right to use any Issuer Intellectual Property or NFTs in a manner inconsistent with these NFT Terms, whether expressly, by implication, estoppel, or otherwise.
Grant license: Generally
For your own private, non-commercial use only, Issuer hereby provides you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and any NFTs you possess (including all software, Creative Materials, content, virtual objects, and other material associated with the NFTs). You are not allowed to use the Platform for any illegal activities. Except as expressly given to you in these NFT Terms, we reserve all rights in and to the Platform and the NFTs.
Grant license: Creative Materials
Without limiting the generality of the Issuer hereby provides you a restricted, non-exclusive, non-transferable, and royalty-free license to display the Creative Materials for NFTs that you Own solely for the following purposes:
- as part of a marketplace that allows the purchase and sale of NFTs (providing the marketplace cryptographically verifies each NFT owner’s right to display the Creative Materials to ensure that only the real owner of the NFT can display the Creative Materials); or
- for your own personal, non-commercial use.
- alter the Creative Materials in any manner, including but not limited to changing the shapes, patterns, drawings, qualities, or color schemes. Use creative Materials to advertise, market, or sell any product or service.
- utilize the creative materials in any way that could be construed as endorsing or suggesting a connection to any specific third party, organization, product, product category, charity, or service.
- permit the use of the Creative Materials by any third party.
- use the creative materials in connection with pictures, movies, or other types of media or content that show or encourage sexual activity, violence, hatred, or other things that might be considered to be hate speech or otherwise violate the rights of others.
- utilize the Creative Materials in movies, videos, or other forms of media other than for your own personal, non-commercial use.
- attempt to trademark, copyright, or otherwise acquire any intellectual property rights in the Creative Materials except for the limited license granted pursuant to these NFT Terms.
- make an effort to obtain any intellectual property rights in the Creative Materials other than the restricted license granted in accordance with these NFT Terms through trademarking, copyrighting, or other means.
Additionally, you acknowledge that you will not remove any proprietary labels or notices from the Issuer Intellectual Property or from it, nor will you alter, disable, or otherwise interfere with any technologies or processes used to distribute or safeguard NFTs or any other Issuer Intellectual Property.
We reserve the right to change or stop offering the NFTs or the Platform (or any components of related software or applications) at any time, with or without prior notice; however, we will make a fair attempt to do so. Any modification, suspension, or discontinuance of the NFTs, the Platform, or any related software, apps, or functionality shall not subject Issuer (including, without limitation, our licensors) to any liability to you or any third party.
-TERMS OF SERVICE, PRIVACY AND ACCESS CREDENTIALS
Teams of service, privacy
You might be asked to choose a username, password, private key, or another method of secure authentication when signing up for the Platform or for third-party services that support access to the Platform (collectively, “Access Credentials”). Any use of your access credentials, whether made by you or someone else, is your responsibility. You consent to keeping your access credentials private and not disclosing them to anyone. If you fail to safeguard your access credentials or any other personal information, including but not limited to losing access to any NFTs, the Issuer is not responsible for any resulting loss or harm. You grant Issuer permission to carry out instructions obtained using your access credentials, and Issuer may, but is not obligated to, deny access or block any transaction made through the use of your Access Credentials without prior notice.
We reserve the right to instantly cancel your access to all or any portions of the Platform and any NFTs at any time, for any reason, or for no reason, and without prior warning or liability. Termination may involve, among other things,
(a) removing your access to the Platform or your listing of NFTs there,
(b) removing all account information pertaining to the NFTs from the Platform, and
(c) prohibiting your use of or access to the Platform going forward.
-ASSUMPTION OF RISKS
You acknowledge that NFTs carry the following risks among others. We expressly disclaim any responsibility for these risks.
Inherent risks with digital assets
The use of Internet-based digital assets, such as NFTs and cryptocurrencies, is not without risk. These risks include but are not limited to, risks relating to hardware, software, and Internet connections, the introduction of malicious software, and the possibility that third parties could gain unauthorized access to the data contained in your electronic wallet. You agree and understand that we are not liable for any communication problems, interruptions, mistakes, omissions, or delays you may encounter when utilizing the Ethereum blockchain network, regardless of how they were caused.
Value/volatility /Not an investment
NFTs have no inherent or intrinsic value, and their pricing can be quite erratic and subjective. If there is a price or market for a blockchain asset like an NFT, it is important to note that (a) these prices and markets are incredibly volatile, (b) changes in the price of other digital assets could materially and negatively affect the value of any digital assets you own, including NFTs, and (c) there is no assurance that NFTs will have any value at all. NFTs are not sold for investment purposes because they are neither securities nor financial instruments. NFTs’ commercial or market value could significantly decline due to a number of factors, including unfavorable press about the issuer. You agree and understand that we are not liable for any risks associated with dealing with third parties while transacting with your NFTs (such as when you transfer your NFT from a third party on a purported “secondary market”).
Use of blockchain
NFTs are not kept, sent, or received by the Platform. This is due to the fact that NFTs are only real due to the ownership record kept on the supporting blockchain of the Platform in the Ethereum blockchain network. Any NFT transfer takes place off the Platform and inside the Network’s supporting blockchain. We do not promise or guarantee that NFTs will be accessible or that it will host your or any other NFTs at a certain site and/or for a particular amount of time. Upgrades to the Ethereum blockchain, a hard fork or other change to the Ethereum blockchain, the Ethereum blockchain’s underlying coin failing or ceasing to exist, or a modification to the Ethereum blockchain’s transaction confirmation protocol might all have unanticipated, negative effects, adverse effects on all blockchains using those or similar technologies, including the NFTs.
The legislative environment governing blockchain technology, cryptocurrencies, and tokens is hazy, and new laws or rules could have a fundamentally negative impact on how the Platform ecosystem develops and, consequently, how useful or valuable your NFTs might be. You agree and acknowledge that there is a risk that the legal framework governing cryptocurrencies, tokens, and blockchain technologies may change, as well as the risk of new laws, unfavorable regulatory action in one or more jurisdictions, and policies, all of which could materially harm the use and value of NFTs.
Furthermore, you acknowledge and agree that: (a) you have learned enough about the NFTs to make an informed choice; (b) it is solely your responsibility to assess the nature, potential value, suitability, and appropriateness of these risks; and (c) Issuer does not represent or warrant that any NFTs, or its underlying systems or technology, are trustworthy. Issuers shall not be liable for any communication problems, interruptions, errors, or delays you may encounter in connection with the NFTs. (d) Issuer shall not be liable for any defects in the NFTs, their supporting systems or technology, that they will be corrected, or that the delivery mechanism for NFTs will be free of viruses or other harmful components.
-DISCLAIMER OF WARRANTY
To the extent permissible by relevant legislation, there is no warranty offered for either the platform or any NFTs. Issuer and/or other parties deliver the platform and NFTs “as is” without any explicit or implied guarantees of any kind, including, but not limited to, implied warranties of merchantability, suitability for a specific purpose, or noninfringement unless otherwise specified in writing.
-LIMITATION OF LIABILITY
Issuer (or any licensor) shall not be liable to you or any other party for damages, including any general, special, incidental, punitive or consequential damages arising out of the use or inability to use the platform or any NFTs or elements thereof (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties), except as required by non-waivable provisions of applicable law or as agreed to in writing.
-PAYMENT AND TAXES
Cryptocurrency financial transactions on the platform
You will only be able to perform any cryptocurrency payments or financial transactions through the Ethereum blockchain network when using the Platform. These payments and transactions are outside of our control, and we are powerless to stop any of them. For any purchases, you might make on or through the Platform, whether NFTs or something else, we do not offer returns. We reserve the right to stop accepting any cryptocurrency as a payment option at any moment, for any reason.
Fiat currency financial transactions on platform
Any payments made in fiat money via credit cards or other methods will be sent to our independent third-party payment processor. The payment processor’s security methods are used to send and store all bank, credit card, and other payment information directly to the processor. Your payment information is not stored on our systems, and we are not liable for maintaining the security or safety of that information. Any moment, we reserve the right to add or remove any payment processing services. Additional terms or restrictions, such as their privacy policies, may apply to such services.
No liability for financial transactions
For any claims or losses that may emerge from any payments or transactions you make through the Platform, as well as from any other payments or transactions you make through the Ethereum blockchain network, we have no responsibility to you or any third parties.
NFTs offered by the Issuer are only intended for usage and purchase by those who are at least 21 years old. You understand and agree that if you are under the age of 21, neither you nor anyone else on your behalf shall access Issuer’s website nor make any purchases of NFTs made there. By using the Platform, you represent that you are at least 21 years old and agree to give us, upon our request, truthful information and proof of your age or identity. Additionally, you undertake to refrain from attempting to contact anyone under 21 while using the Platform or assisting anyone under 21 in accessing the Issuer’s website or the NFTs.
No third-party beneficiaries
You acknowledge that these NFT Terms shall not confer any rights upon any other party, unless otherwise clearly stated in these NFT Terms. You agree that the licensors of the Issuer are the intended third parties to benefit from these NFT Terms.
Entire agreement: waiver, severability
Any right or condition of these NFT Terms that Issuer fails to exercise or enforce shall not be considered waived by Issuer. The parties agree that, even if a court of competent jurisdiction finds any provision of these NFT Terms to be unenforceable, it should still make an effort to give effect to the parties intentions as expressed in that particular provision. All other provisions of these NFT Terms will nevertheless remain in full force and effect.
Regardless of any statute or law to the contrary, you acknowledge and agree that the statute of limitations on claims and causes of action arising out of or connected to the use of any NFTs or the Platform is one year, after which time they must be brought, or they will be permanently barred.
Regardless of any statute or law to the contrary, you acknowledge and agree that the statute of limitations on any claim or cause of action you may have with respect to any NFTs or the Platform applies only if you file it within one (1) year of the claim or cause of action’s occurrence.