NFT USAGE TERMS AND CONDITIONS
NOTICE TO USERS
The following Terms and Conditions (“T&Cs”) govern your (“you” or the “User”) use of Crytosurfers NFTs (the “NFTs”) and the use of the Crytosurfers website.
User and Company may be referred as Party or Parties herein below. This document is not a solicitation for investment and does not pertain in any way to an offering of securities in any jurisdiction. These T&Cs describe the usage of the Company’s NFTs and the Website. Please read these T&Cs carefully by using the NFTs and the Website in any way, you acknowledge that you have read these T&Cs and you agree to be fully bound by them. IF YOU DO NOT AGREE TO THESE T&CS, IN PART OR AT ALL, DO NOT ACCESS OR USE IN ANY WAY OR FORM THE NFTs or the Website.
By accessing or using the NFTs, and to the extent permitted by law, you are agreeing not to hold any of the Company and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Company Team”) liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected to the content, usage or access to and of the NFTs.
- The Company has sole and absolute discretion to determine access to the Website and to the NFTs.
- By agreeing to this T&S, 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 T&C;
- You are not subject to any financial sanctions, embargoes or other restrictive measures imposed by the United Nations, European Union, any EU country, UK Treasury or US Office of Foreign Assets Control (OFAC), or any governmental authority in any jurisdiction in which the Website and the NFTs are available;
- You will not use the Website or the NFTs if any applicable laws in your country prohibit you from doing so in accordance with these T&C;
- You are compliant with all Applicable Laws to which you are subject; and
NFT OWNERSHIP & USAGE
- The NFTs are not redeemable for any financial instruments or assets that give owners’ rights to participate in any ICO or any securities offerings. The NFTs do not entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts. This is because Crytosurfers does not have a live game or any active platforms in which the NFTs can be used, currently the NFTs sole usage is for the purposes of art and collection. In the event that Crytosurfers releases any live platforms that allow the usage of the NFTs, in the above ways, new T&C will be published according to point 8 if this T&C.
RESTRICTIONS ON DISTRIBUTION AND DISSEMINATION OF INFORMATION
- No regulatory authority has examined or approved the NFTs content and/or these T&Cs, no action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction and the publication, distribution or dissemination of all or any part of the NFTs content and/or these T&Cs to you does not imply that the applicable laws, regulatory requirements or rules have been complied with.
- The distribution or dissemination however of all or any part of the NFTs content and these T&Cs may be prohibited or restricted by the laws, regulatory requirements and rules of certain jurisdictions. In the case where any such restriction applies, you are responsible for informing yourself in respect of the same and for observing any such restrictions which are applicable to your possession and/or dissemination of all or any part of the NFTs content and these T&Cs at your own expense and without liability to the Company.
DISCLAIMER OF WARRANTIES
- THE USER EXPRESSLY AGREES THAT IT IS ACCESSING AND USING THE NFTS AND THE WEBSITE AT THE USERS SOLE RISK AND THAT THE NFTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
- Without limiting the foregoing, none of the Company and the Company Team warrants that the process for accessing or using the NFTs will be uninterrupted or error-free.
The User understands and agree that the purchase, accessing and use of the NFTs and the Website is subject to certain risks including without limitation:
- Price and liquidity of blockchain assets, including the NFTs, are extremely volatile and may be subject to fluctuations, entailing a risk of loss and should be considered substantially more speculative and significantly more likely to result in a total loss than many other assets. Also the fluctuation in the price other digital assets could materially and adversely affect the NFTs.
- Regulation of digital assets, including NFTs, is currently underdeveloped and likely to rapidly evolve, varies significantly among international, federal, state and local jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions at the local, state, federal, foreign, or international level may adversely affect the use, transfer, exchange, and value of the NFTs.
- NFTs are not legal tender and are not backed by a central bank or a national, supra-national or quasi-national organization, any hard assets, human capital or other form of credit. Rather, such assets are market-based: a NFTs value is determined by (an fluctuates often, according to) supply and demand factors, the number of merchants that accept it, and the value that various market participants place on it through their mutual agreement, barter or transactions among other factors. Also 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.
- Transactions involving NFTs may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable. 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.
- Withdrawal of an NFT to a decentralized digital asset wallet is at your own risk, and the transfer for any NFT to an incorrect digital asset wallet address will result in the irreversible loss of such NFT.
The User understands and agrees that it is solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for itself. The Company and the Company Team do not give any advice or recommendations regarding the NFTs. The User understands and agrees that the access and use of the NFTs and the Website is at his own risk. The User understands and agrees that the Company and the Company Team will not be responsible for any communication failures, disruptions, errors, or distortions you may experience when using the NFTs or the Website.
- To the fullest extent permitted by applicable law, you hereby and irrevocably and unconditionally undertake to indemnify, and keep indemnified, defend and hold harmless the Company and the Company Team from and against any liability and all claims, demands, actions, damages, losses, costs and expenses (including without any limitation all legal costs and expenses) that arise from or relate to: (i) your use of the NFTs or its contents; (ii) your use of the Website; (iii) your responsibilities or obligations under these T&Cs; (iv) your violation of these T&Cs; or (v) your violation of any rights of any other person or entity.
- If for any reason you hereafter bring or commence any action or legal proceeding in respect of any claim purported to be released and discharged pursuant to these T&Cs, or otherwise attempt to pursue any such claim against the Company or any of the Company’s Team, then you hereby and irrevocably and unconditionally undertake to indemnify, and keep indemnified, defend and hold harmless the Company and all Company’s Team fully on demand from and against:i
- all liabilities or losses suffered by the Company and/or any Company’s Team; and
- all reasonable costs, charges, and reasonable expenses (including without limitation legal costs and expenses) reasonably and properly incurred by the Company and/or or/and any Company Team, in each case by reason of or in connection with the bringing or commencement of such action or pursuit of such claim by you. If any provision or part-provision of this section is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of this section.
- The Company reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this section 4. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in this written agreement between you and the Company.
- These T&Cs set forth the entire understanding between the User and the Company with respect to the usage of the NFTs and they supersede and novate any public statements about the NFTs or its contents made by third parties or by the Company, the Company Team or individuals associated with any of the Company Team, past and present.
LIMITATIONS TO SEVERABILITY
- The User and the Company agree that if any portion of these T&Cs is found illegal or unenforceable in one or more jurisdictions, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof, in any other manner or jurisdiction, and without affecting the remaining provisions of the T&Cs, which shall continue to be in full force and effect.
- The failure of the Company to require or enforce strict performance by the User of any provision of these T&Cs or the Company’s failure to exercise any right under these T&Cs shall not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right in that or any other instance.
- The express waiver by the Company of any provision, condition, or requirement of these T&Cs shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these T&Cs, no representations, statements, consents, waivers, or other acts or omissions by the Company or the Company Team shall be deemed a modification of these T&Cs nor be legally binding.
UPDATES TO THE T&CS
THE COMPANY RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE ANY PORTION OF THESE T&Cs AT ANY TIME FOR ANY REASON. ALTHOUGH WE AIM TO INFORM KNOWN USERS OF SUCH CHANGES, THIS MAY NOT ALWAYS BE POSSIBLE. THUS, IT REMAINS YOUR OBLIGATION TO REVIEW THESE T&Cs PERIODICALLY. ANY CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING ON OUR WEBSITE. THE INFORMATION SET FORTH IN THE NFTS MAY NOT BE EXHAUSTIVE AND DOE NOT IMPLY ANY ELEMENTS OF A CONTRACTUAL RELATIONSHIP OR ANY KIND OF INVESTMENT CONTRACT. NOTHING IN THE NFTS CONSTITUTES PROFESSIONAL ADVICE. THE COMPANY DOES NOT GUARANTEE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, CURRENT STATE OR COMPLETENESS OF THE AVAILABLE INFORMATION. ANY USER WILL BE DEEMED TO HAVE ACCEPTED SUCH CHANGES BY ACCESSING AND/OR USING THE NFTS.
- Only English versions of these T&Cs and any or all of the Company’s communications are considered official. The English version shall prevail in case of differences in translation.
- The T&Cs and all non-contractual obligations arising in any way whatsoever out of or in connection with these T&Cs are governed by, construed, and take effect in accordance with Spanish Law.
- The User and the Company irrevocably agree that the courts of Barcelona (Spain) shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with these T&Cs or their formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of Barcelona (Spain).