Buld

9WVo...L3cQ
5 Feb 2024
36

distributed ledger technology to understand these Terms and to appreciate the risks and implications of purchasing the NFT; iii. You have read and understand these Terms (as well as any other relevant materials to which these Terms also apply); iv. You have obtained sufficient information about the NFT to make an informed decision to purchase the NFT, and that you have either obtained (or had the opportunity to obtain) all necessary independent advice in relation to your purchase of the NFT; v. You enter into these Terms and purchase the NFT in reliance solely on your own enquiries and at your own risk, without any reliance on any financial forecasts, projections, opinions of future performance or other statements relating to financial prospects of the NFT, the project or the Company. Any such information that has been provided to you was provided for information purposes only and is not binding ON THE COMPANY. vi. Your purchase of NFT complies with applicable law and regulation in your jurisdiction, including, but not limited to, (i) legal capacity and any other threshold requirements in your jurisdiction for the purchase of the NFT and entering into contracts with us, (ii) any foreign exchange or regulatory restrictions applicable to such purchase, and (iii) any governmental or other consents that may need to be obtained; vii. You are legally permitted to receive software and participate in the use of the Platform; viii. You will comply with any applicable tax obligations in your jurisdiction that may be relevant to your purchase, holding, redemption, sale, or transfer of the NFT; ix. You agree to promptly provide to the Company or its nominee, upon request, proof of identity and/or source of funds and/or other documentation or other information that the Company may request from time to time in connection with the Company’s obligations under, and compliance with, applicable laws and regulations, including but not limited to anti-money laundering


Purchased NFT in compliance with these Terms &
Conditions;
ii. any license for commercial use stated in these Terms &
Conditions will not apply;
iii. depending on the nature of the license granted from the owner
of the Third Party IP, the project creator may need to pass
through additional restrictions on your ability to use the Art; AND
iv. to the extent that the project creator informs you of these
additional restrictions in writing (e.g., via email), you will be
responsible for complying with all the additional restrictions from
the date that you receive the notice, and failure to do so will be
deemed a breach of these Terms & Conditions.
8. LICENSES END IF YOU NO LONGER OWN A PURCHASED NFT
a. For clarity, please note that the licenses granted in the clauses titled
"LICENSE FOR NON-COMMERCIAL USE OF THE ART" apply only if
you continue to Own the applicable NFT.
b. If at any time you cease to Own (as defined in these Terms &
Conditions) the Purchased NFT for any reason, these licenses will
immediately expire with respect to you, and you will have no further
rights to the Art for that Purchased NFT.
9. USE OF THE PROJECT'S NAME
a. Notwithstanding any contained in these Terms & Conditions, you are
not granted any rights to use the project's name for any purpose
without obtaining the Creator's prior written consent.
10.REPRESENTATIONS AND WARRANTIES
a. By purchasing NFT(s), you represent and warrant that:
i. You are agreeing to participate in the Platform in some manner,
and you understand that it is your responsibility to participate,
meaning that the Platform surrounding this project is NOT solely
dependent upon the efforts of the Company managers, but by
the members engaging with the Company, the Platform and any
associated Services;
ii. You have sufficient understanding of cryptographic tokens,
token storage mechanisms (such as token waliii. as part of a third-party website or application that permits the
inclusion, involvement, or participation of your Purchased NFT,
but only if the website/application cryptographically verifies each
NFT owner’s rights to display the Art for their Purchased NFT to
ensure that only the actual owner of the NFT can display the Art,
and only if the Art is no longer visible once the owner of the
Purchased NFT leaves or logs out of the applicable
website/application.
6. GENERAL RESTRICTIONS
a. You agree not to do any of the following things unless you make a
request to the Creator and are granted specific written permission by
them:
i. modify the Art in any way;
ii. use the Art to advertise, market, or sell any product or service;
iii. use the Art in connection with images, videos, or other forms of
media that depict hatred, intolerance, violence, cruelty, or
anything else that could reasonably be found to constitute hate
speech or otherwise infringe upon the rights of others;
iv. use the Art in movies, videos, or any other forms of media,
unless and only to the degree that the use is expressly
authorized elsewhere in these Terms & Conditions or solely for
your own personal, non-commercial use;
v. sell, distribute for commercial gain or otherwise commercialize
merchandise that includes, contains, or consists of the Art,
unless and only to the degree as expressly authorized
elsewhere in these Terms & Conditions; OR
vi. attempt to trademark, copyright, or otherwise acquire additional
intellectual property rights in or to the Art.
7. RESTRICTIONS ON THIRD PARTY IP
a. If the Art contains Third Party IP (for example, intellectual property from
a celebrity, athlete, sports league, or company other than the Creator),
you understand and agree with the following:
i. you will only have the rights to use the Third-Party IP as it is
included within your Purchased NFT and only so long as you arelegislation, regulations or guidance and/or tax information
reporting or withholding legislation, regulations or guidance;
x. You are at the age of majority in your country of residence and
are legally able to obtain and use the NFT;
xi. You understand with regard to NFT, that we make no
guarantees that you will be able to resell NFT, or as to its future
value, and that no market liquidity may be guaranteed and that
the value of NFT over time may experience extreme volatility or
depreciate in full;
xii. You understand that you bear the sole responsibility to
determine whether your interactions with the Platform, the
ownership or use of the NFT, the potential appreciation or
depreciation in the value of the NFT over time, the sale and
purchase of the NFT and/or any other action or transaction
related to the Platform may have tax implications; further, by
obtaining, holding or using the NFT, and to the extent permitted
by law, you agree not to hold any third party (e.g., developers,
auditors, contractors, or founders) liable for any tax liability
associated with or arising from the ownership or use of the NFT
or any other action or transaction related to the Platform;
xiii. You waive the right to participate in a class action lawsuit or a
classwide arbitration against any entity or individual involved
with the creation of the NFT, as discussed more fully here;
xiv. You understand that the purchase of the NFT does not involve
the purchase of shares or any equivalent in any existing or
future public or private company, corporation or other entity in
any jurisdiction;
xv. You understand that you have no right against any other party to
request any refund of contributions submitted for the purchase
of NFT under any circumstance;
xvi. If you are purchasing the NFT on behalf of a legal entity, you are
authorised to accept these Terms on such entity’s behalf and
that such entity will be responsible for breacWHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF
PERFORMANCE, USAGE OF TRADE, OR OTHERWISE; (B) WE DO
NOT REPRESENT OR WARRANT THAT THE NFTS ARE RELIABLE,
CURRENT, ERROR-FREE, OR DEFECT-FREE, MEET YOUR
REQUIREMENTS, OR THAT ANY DEFECTS WILL BE CORRECTED;
AND (C) WE CANNOT AND DO NOT REPRESENT OR WARRANT
THAT THE NFT OR THE DELIVERY MECHANISM FOR NFT ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
b. NO REGULATORY AUTHORITY HAS EXAMINED OR APPROVED
ANY OF THE INFORMATION SET FORTH IN THESE TERMS OR
ANY RELATED DOCUMENTATION OR COMMUNICATION BY THE
COMPANY. NO SUCH ACTION HAS BEEN OR WILL BE TAKEN
UNDER THE LAWS, REGULATORY REQUIREMENTS, OR RULES
OF ANY JURISDICTION.
c. NEITHER THESE TERMS NOR ANY RELATED DOCUMENTATION
OR COMMUNICATION BY THE COMPANY CONSTITUTES A
PROSPECTUS OR OFFERING DOCUMENT AND IS NEITHER AN
OFFER TO SELL NOR THE SOLICITATION OF AN OFFER TO BUY
ANY INVESTMENT OR FINANCIAL INSTRUMENT IN ANY
JURISDICTION.
d. Some jurisdictions do not allow the exclusion of certain warranties or
disclaimer of implied terms in contracts with consumers, so some or all
of the exclusions of warranties and disclaimers in this Section may not
apply to you.
13.LIMITATION OF LIABILITY
a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I)
IN NO EVENT WILL THE COMPANY OR ANY OF THE COMPANY
PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR
DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO,
WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS,
DIMINUTION OF VALUE, LOSS OF USE OR DATA, LOSS OR
DEPLETION OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY,

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