inBetweeners x Dolce&Gabbana Drip
TERMS & CONDITIONS
These inBetweeners x Dolce&Gabbana Drip Terms ("Terms") set forth the terms and conditions applicable to certain Digital Products made available through third party platforms such as marketplaces like opensea.com or other websites allowing the creation of NFTs ("Platform"). When acquiring any non-fungible blockchain-based digital token ("NFT") associated with content by Bluebear italia S.r.l. ("inBetweeners") and Dolce & Gabbana S.r.l. ("Dolce&Gabbana") through the Platform or by subsequently acquiring any such inBetweeners x Dolce&Gabbana Drip from any previous owner, you have to agree to be bound by these Terms. For the avoidance of doubt, the sale of the inBetweeners x Dolce&Gabbana Drip is governed by the terms and conditions of the Platform.
1.NFT Intellectual Property
A. Each owner of a NFT (“Collector”) owns a cryptographic token representing the creative Works as a piece of property, but the Collector does not own the underlying creative Works or Works featured in the NFT (“Works”).
B. inBetweeners reserves all exclusive copyrights Works featured on the Platform, including but not limited to the right to reproduce, to prepare derivative Works, to display, to perform, and to distribute the Works.
C. Collectors display their NFTs but Collectors do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the Works, excepting the limited license granted by this Agreement in respect of the Works.
D. Collectors’ limited license to display the Works or perform the Works in the case of audiovisual Works for personal, non-commercial purposes, includes, but is not limited to, the, right to display or perform the Works privately or publicly:
(i) for the purpose of sharing, promoting, discussing, or commenting on the NFT and the Collector’s purchase or ownership of the NFT including social media platforms, blogs, digital galleries, or other digital media; (ii) on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the NFT to which the Work is affixes; and (iii) within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments, including simultaneous display of multiple copies of the Works within one or more virtual environments.
E. You agree that You may not, nor permit any third party, to do or attempt to do any of the foregoing without inBetweeners’s express prior written consent in each case:
(i) modify, distort, mutilate, or perform any other modification to the Works which would be prejudicial to original creator’s honor or reputation; (ii) use the Works for any commercial purpose such as advertising, marketing, any third party product or service save as expressly permitted by this Agreement; (iii) use the Works 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) incorporate the Works in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by this Agreement; (v) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Works; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Works; attempt to mint, tokenize, or create an additional cryptographic token representing the same Works, whether on or off of the Platform; (vii) falsify, misrepresent, or conceal the authorship of the Works or the NFT; or (ix) otherwise utilize the Works for the Collector’s or any third party’s commercial benefit. (x) You agree and acknowledge that the lawful ownership, possession, and title to a NFT is a necessary and sufficient condition precedent to receive the limited license rights to the underlying Works provided by this Agreement. Any subsequent transfer, dispossession, burning, or other relinquishment of ownership of a NFT will immediately terminate the former owner’s rights and interest in the license to use Works as provided by this Agreement.
F. Release from Copyright Claims
A. You hereby irrevocably release, acquit, and forever discharge inBetweeners and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement in respect of inBetweeners’s use of a Works in accordance with this Agreement, including without limitation, inBetweeners’s solicitation, encouragement, or request for You or third parties to host the Works for the purpose of operating a distributed database and/or promoting the Platform.
2. Product Redemptions
A. In order to claim a product redemption, the NFT Owner must qualify as an Eligible NFT Owner
B. The NFT Owner has to claim the product on a third party website that will be disclosed via inBetweeners social media accounts.
C. The NFT Owner has to provide its name, address, size (if applicable), email address, phone number (if necessary) and cryptocurrency wallet ID address used for the inBetweeners x Dolce&Gabbana Drip on the Redemption Platform. The provided shipping address must be an address within one of the Participating Countries. The product will be shipped to the NFT Owner free of charge.
D. Any NFT Owner will forfeit his or her claim to the product if he or she does not validly claim the product within the period stated on the Redemption Platform after being eligible to claim the product.
E. Once the NFT Owner claimed the product, the shipment of the product will be arranged by or on behalf of Dolce&Gabbana.
3. Your Obligations
You are solely responsible for your own conduct while accessing or using the Site, and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person; (iv) upload, post, transmit or otherwise make available through the Site any content that infringes the intellectual property or proprietary rights of any party or otherwise violates the legal rights of others; (v) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vi) interfere with other users' use of the Site; (vii) use the Site for any unauthorized commercial purpose; (viii) modify, adapt, translate, or reverse engineer any portion of the Site; (ix) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or any part of it; (x) use any technology to collect information about the Site’s for any unauthorized purpose; (xi) access or use the Site for the purpose of creating a product or service that is competitive with any of our products or services. If you engage in any of the activities prohibited by this Section, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account.
4. Fees and Payment
A. If you elect to purchase a inBetweeners x Dolce&Gabbana Drip through the platform, any financial transactions that you engage in will be conducted solely through the Ethereum network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the Ethereum network.
B. Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction.
C. THE NFT's purchased are provided "as is," and Bluebear italia s.r.l. makes no representations, affiliations, or warranties with respect to third party digital wallets or marketplaces.
D. Bluebear italia s.r.l. has the right to deny access to purchase or gift NFT’s to any ETH address at its sole discretion without prior warning. Including but not limited to primary purchase and airdrops.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK, AND THAT THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE WILL BE ACCURATE, (III) THE SITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILLFULL MISCONDUCT.
C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK NOR DO WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES REGARDING ANY SMART CONTRACTS.
6. Limitation of Liability
A. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $500.
C. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SITE AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. WE WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU WITHOUT THESE LIMITATIONS.
7. Risk Assumption
You accept and acknowledge each of the following:
A. To the extent that you sell your inBetweeners x Dolce&Gabbana Drip, please be aware that the prices of NFTs are extremely volatile and fluctuations in the prices of other NFTs and impact the price of your inBetweeners both positively and negatively. Given the volatility, NFTs such as inBetweeners should not be considered an investment. You assume all risks in that connection.
B. Ownership of a inBetweeners x Dolce&Gabbana Drip confers ownership of digital artwork only. Accordingly, no information on this Site (or any other documents mentioned therein) is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, nothing on this Site qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. Due to the artistic nature of the project, inBetweeners has not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the inBetweeners and the associated art is in compliance with laws and regulations in your jurisdiction.
C. You assume all risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet.D. NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your inBetweeners. You understand and accept all risk in that regard.E. You assume all responsibility for any adverse effects of disruptions or other issues impacting Ethereum or the Ethereum platform.
You agree to hold harmless and indemnify inBetweeners and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys' fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the Site, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Site.
9. Changes to the Terms and Conditions
We may make changes to the Terms at our discretion. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Site.
Our Site is not intended for children. You must be at least 18 years old to access this Site or purchase a inBetweeners x Dolce&Gabbana Drip. If you are under 18 years old you are not permitted to use this Site for any reason. By accessing the Site, you represent and warrant that you are at least 18 years of age.
11. Dispute Resolution; Arbitration
All disputes arising out of or in connection with these Terms, including without limitation your access or use of the Site, or to any products sold or distributed through the Site, will be referred to and finally resolved by arbitration under the rules of the American Arbitration Association. The case will be adjudicated by a single arbitrator and will be administered by the American Arbitration Association in accordance with its applicable rules. Each party will cover its own fees and costs associated with the arbitration proceedings. The place of arbitration will be New York, New York. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction.WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE SITE OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITE, OR THE SMART CONTRACTS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.