The Licensed Rights granted to the Owner hereunder will automatically terminate and all rights shall return to the Company if:
- At any time, the Owner sells, trades, donates, gives away, or otherwise disposes of the NFT except as provided in section 5 of this Agreement;
- The Owner breaches any term of the Agreement, or of the Platform T&Cs;
- The Owner has a trustee, receiver or similar party appointed for the Owner’s property, becomes insolvent, acknowledges the Owner insolvency in any manner, makes an assignment for the benefit of the Owner creditors, or files a petition of bankruptcy.
PAYMENT, TAXES AND FEES
Payment for a Transfer is made via a blockchain digital wallet transfer (the “Wallet”). If you do not already have one, and wish to acquire an NFT, please obtain a hosted Wallet. For this particular project, the NFT will be transferred by the Company free of charge towards a crypto wallet the Owner shall has opened following the Company instructions.
You understand that the NFT must be Transferred in exchange for cryptocurrency, on the blockchain, and that the Company has no control over potential “gas” fees collected by miners/validators of the selected Blockchain.
The Company is not responsible for determining the withholding, sales, use, value added, transfer or other taxes (“Taxes”) that may apply to the NFT possession or Transfer. You agree that the Owner is solely responsible for determining what, if any, Taxes apply to the Owner Transfers, and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities.
For tax rate information, the Owner may wish to consult an independent tax advisor.
The Wallet must be registered to the Owner, or, if the Owner registered to bid as a company, then in the name of the company.
LIMITATION OF LIABILITY AND NO WARRANTIES
All purchases of NFTs, as well as all associated charges, are non-refundable, regardless of your decision not to use the NFT, or of any disruption or impediment to the use or enjoyment of the NFT. Furthermore, as the Transfer is only possible through smart contracts running on the blockchain, there is no ability to undo, reverse or restore any Transfer.
You acknowledge and agree that the Company:
- Cannot and does not make, any promises or guarantees about the availability of the NFT or the Content on the Internet or that it will host the NFT or the Content at any specific location and/or in perpetuity;
- Does not make any promises or grants any guarantees related to the Platform, wallet operators, Blockchain or any other third parties related to NFT storage or Transfer and each of their applications and/or services, including but not limited to the continued availability of either and/or the protection of any data you provide to those parties;
- Is not responsible for any Transfer between you and a third party, and shall have no liability in connection with any such transaction;
- Cannot and does not represent or warrant that the NFT, or its supporting systems or technology, is reliable, current or error-free, free of viruses or other harmful components, meets your requirements, or that defects in the NFT, or its supporting systems or technology, will be corrected.
THE NFT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO THE NFT, INCLUDING BUT NOT LIMITED TO THE CONTENT, ANY TECHNOLOGY AND/OR PARTIES RELATED TO THE STORAGE OF THE NFT AND/OR ITS TRANSFERS, INCLUDING BUT NOT LIMITED TO BLOCKCHAIN, WALLET AND/OR THE PLATFORM.
THE OWNER AGREES THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
THE OWNER ACCEPTS THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREES THAT THE COMPANY HAS NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO ITS OWN NEGLIGENCE.
ASSUMPTION OF RISK
The Owner acknowledges that NFTs ARE STILL AN EMERGING TECHNOLOGY, NOT SPECIFICALLY REGULATED. THEY ARE NOT BACKED BY ANY GOVERNMENT. THEY ARE SUBJECT TO ALL USUAL RISKS OF INTERNET-NATIVE ASSETS.
The Owner especially agrees that he/she assumes the following risks:
- To the extent there is a price or market for a blockchain asset such as an NFT, such markets and prices are extremely volatile, and there is no guarantee that your NFTs will have or retain any value;
- There are risks associated with using Internet-native assets (e.g., non-fungible tokens, cryptocurrencies, etc.) including, but not limited to, the risk of hardware or software failures, Internet connections, and the risk that third parties may obtain unauthorized access to information stored within The Owner Wallet or elsewhere, and the Company will not be responsible for any of these;
- Upgrades, changes of failure of the Platform or the blockchain used, may have adverse effects on all assets using such technologies, including the NFT;
- The risk of losing access to the NFT due to loss of private key(s), custodial error or purchaser error;
- The risk of mining attacks;
- The risk of hacking, security weaknesses, fraud, counterfeiting, cyber-attacks and other technological difficulties;
- The risk of changes to the regulatory regime governing blockchain technologies, cryptocurrencies,and tokens and new regulations, unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of the NFT;
- The risks related to taxation.
No communication from the Company should be considered financial advice.
The Owner acknowledges that he/she has obtained sufficient information to make an informed decision to own the NFT and The Owner understands and agrees that he/she is solely responsible for determining the acceptability of these risks for him/herself.
The Owner represents and warrants that he/she has the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and especially that he/she of age to enter into such Agreement under the law of your country of residence.
The Owner will defend, indemnify, and hold the Company from any claims, actions, suits, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of his/her license, Transfer or possession of the NFT, including: (1) his/her breaches of this Agreement; (2) his/her violation of any law or the rights of a third party; (3) any other activities in connection with the NFT.
This Agreement and all matters related to it and/or the NFT shall be governed by Swiss Law.
If the Owner is provided a translation of this Agreement, the original version in English will prevail.
The Company reserves the right to change or modify this Agreement at any time and at its sole discretion. The updated version would apply to all Transfers following the update.
If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement or render unenforceable such provision in any other jurisdiction.
The choice of the Blockchain will be communicated on a second stage. We invite you to keep follow the instructions that will be released per email and on the official website.
If the Owner has any questions or concerns, he/she can contact us via e-mail at firstname.lastname@example.org