Common use of Warranty Disclaimers and Assumption of Risk Clause in Contracts

Warranty Disclaimers and Assumption of Risk. Purchaser represents and warrants that it (a) is the age of majority in Purchaser’s place of residence (which is typically 18 years of age in most U.S. states) and has the legal capacity to enter into this Agreement, (b) that Purchaser will use and interact with its purchased OnChainMonkeys and Core Art only for lawful purposes and in accordance with this Agreement, and (c) that Purchaser will not use its purchased OnChainMonkeys or Core Art to violate any law, regulation or ordinance or any right of Nfinita, its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. Purchaser further agrees that it will comply with all applicable law. THE ONCHAIN MONKEYS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NFINITA EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NFINITA MAKES NO WARRANTY THAT THE ONCHAINMONKEYS WILL MEET PURCHASER’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NFINITA MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT RELATED TO THE ONCHAINMONKEYS. NFINITA WILL NOT BE RESPONSIBLE OR LIABLE TO PURCHASER FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF AN ONCHAIN MONKEY, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES; (IV) UNAUTHORIZED ACCESS TO ONCHAIN MONKEY; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST BLOCKCHAIN NETWORK UNDERLYING THE ONCHAINMONKEYS. AN ONCHAIN MONKEYS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK, WHICH NFINITA DO NOT CONTROL. NFINITA DO NOT GUARANTEE THAT NFINITA OR ANY NFINITA PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY ONCHAIN MONKEY. PURCHASER BEARS FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS PURCHASER PURCHASES THROUGH THE NFT MARKETPLACE. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, NFINITA MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE NFT MARKETPLACE OR ANY PURPORTED SUBSEQUENT TRANSACTIONS. NFINITA IS NOT RESPONSIBLE ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF AN ONCHAINMONKEYS. NFINITA IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING ONCHAINMONKEYS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Appears in 4 contracts

Samples: NFT Purchase and License Agreement, NFT Purchase and License Agreement, NFT Purchase and License Agreement

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Warranty Disclaimers and Assumption of Risk. Purchaser represents You represent and warrants warrant that it You: (a) is are at least the age of majority in Purchaser’s Your place of residence (which is typically 18 years of age in most U.S. states) and has the legal capacity to enter into this Agreement, (b) that Purchaser will use and interact with its purchased OnChainMonkeys the HDL Artworks and Core HDL Art only for lawful purposes and in accordance with this Agreement, and (c) that Purchaser will not use its purchased OnChainMonkeys the HDL Artworks or Core HDL Art to violate any law, regulation or ordinance or any right of NfinitaHDL, its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. Purchaser You further agrees agree that it You will comply with all applicable lawlaws. THE ONCHAIN MONKEYS HDL ARTWORKS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NFINITA HDL EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NFINITA HDL MAKES NO WARRANTY THAT THE ONCHAINMONKEYS HDL ARTWORKS WILL MEET PURCHASER’S YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NFINITA HDL MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT RELATED TO ON THE ONCHAINMONKEYSHDL ARTWORKS. NFINITA HDL WILL NOT BE RESPONSIBLE OR LIABLE TO PURCHASER YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF AN ONCHAIN MONKEYTHE HDL ARTWORK, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES; (IV) UNAUTHORIZED ACCESS TO ONCHAIN MONKEYHDL ARTWORK; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST BLOCKCHAIN NETWORK UNDERLYING THE ONCHAINMONKEYSHDL ARTWORKS. AN ONCHAIN MONKEYS THE HDL ARTWORKS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK, WHICH NFINITA DO HDL DOES NOT CONTROL. NFINITA DO HDL DOES NOT GUARANTEE THAT NFINITA OR ANY NFINITA PARTY HDL CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY ONCHAIN MONKEYHDL ARTWORK. PURCHASER BEARS YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS PURCHASER PURCHASES YOU PURCHASE THROUGH THE NFT MARKETPLACEARTWORKS WEBSITE. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, NFINITA HDL MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE NFT MARKETPLACE ARTWORKS WEBSITE OR ANY PURPORTED SUBSEQUENT SECONDARY TRANSACTIONS. NFINITA HDL IS NOT RESPONSIBLE FOR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF AN ONCHAINMONKEYSTHE HDL ARTWORKS. NFINITA HDL IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING ONCHAINMONKEYSTHE HDL ARTWORKS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Appears in 2 contracts

Samples: NFT Purchase and License Agreement (Hygienic Dress League Corp), NFT Purchase and License Agreement (Hygienic Dress League Corp)

Warranty Disclaimers and Assumption of Risk. Purchaser Holder represents and warrants that it (a) is the age of majority in PurchaserHolder’s place of residence (which is typically 18 years of age in most U.S. states) and has the legal capacity to enter into this Agreement, (b) that Purchaser Holder will use and interact with its purchased OnChainMonkeys the SteadyStack NFTs and Core SteadyStack Art only for lawful purposes and in accordance with this Agreement, and (c) that Purchaser Holder will not use its purchased OnChainMonkeys the SteadyStack NFTs or Core SteadyStack Art to violate (and Holder will otherwise not violate) any law, regulation or ordinance or any right of NfinitaSteadyStack, its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. Purchaser further agrees that it will comply with all applicable law. THE ONCHAIN MONKEYS STEADYSTACK NFTS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NFINITA STEADYSTACK EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NFINITA XXXXXXXXXXX MAKES NO WARRANTY THAT THE ONCHAINMONKEYS STEADYSTACK NFTS WILL MEET PURCHASERXXXXXX’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NFINITA XXXXXXXXXXX MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT RELATED TO ON THE ONCHAINMONKEYSSTEADYSTACK NFTS. NFINITA STEADYSTACK WILL NOT BE RESPONSIBLE OR LIABLE TO PURCHASER HOLDER FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF AN ONCHAIN MONKEYTHE STEADYSTACK NFT, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES; (IV) UNAUTHORIZED ACCESS TO ONCHAIN MONKEYTHE STEADYSTACK NFT; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST BLOCKCHAIN NETWORK UNDERLYING THE ONCHAINMONKEYSSTEADYSTACK NFTS. AN ONCHAIN MONKEYS THE STEADYSTACK NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED DISTRIBUTED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK, WHICH NFINITA DO STEADYSTACK DOES NOT CONTROL. NFINITA DO XXXXXXXXXXX DOES NOT GUARANTEE THAT NFINITA OR ANY NFINITA PARTY STEADYSTACK CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY ONCHAIN MONKEYSTEADYSTACK NFT. PURCHASER HOLDER BEARS FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS PURCHASER HOLDER PURCHASES THROUGH THE NFT MARKETPLACESITE. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, NFINITA XXXXXXXXXXX MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE NFT MARKETPLACE SITE OR ANY PURPORTED SUBSEQUENT TRANSACTIONS. NFINITA STEADYSTACK IS NOT RESPONSIBLE ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF AN ONCHAINMONKEYSTHE STEADYSTACK NFTS, NFT SITE, OR STEADYSTACK DISCORD. NFINITA STEADYSTACK IS NOT RESPONSIBLE FOR CASUALTIES DAMAGES OR LOSSES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING ONCHAINMONKEYSTHE STEADYSTACK NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ASSUMPTION OF RISK Xxxxxx accepts and acknowledges all risks associated with the following: The prices and liquidity of cryptocurrency assets (including any NFTs) are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the SteadyStack NFTs made available, which may also be subject to significant price volatility. We cannot guarantee that any holders of NFTs will not lose money. Holder is solely responsible for assessing prior commercial uses of the SteadyStack Art and determining whether they affect the value or viability of any future use of the SteadyStack Art. Holder is solely responsible for determining what, if any, taxes apply to Holder’s purchase, sale, or transfer of the SteadyStack NFTs. SteadyStack is not responsible for determining or paying the taxes that apply to such transactions. SteadyStack does not store, send, or receive cryptocurrency assets. Any transfer of cryptocurrency assets occurs within the supporting blockchain that is not controlled by SteadyStack. Transactions of the SteadyStack NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions of the SteadyStack NFTs shall be deemed to be made when recorded on a public blockchain ledger, which is not necessarily the date or time that Holder initiated the transaction. There are risks associated with using an Internet based digital asset, 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 digital wallet. SteadyStack will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when effecting SteadyStack NFT transactions, however caused. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of a certain NFT. Digital assets, including blockchain based assets such as the SteadyStack NFTs, are subject to developing laws and regulations throughout the world. Transactions involving the SteadyStack NFTs may rely on third-party platforms to perform transactions. If SteadyStack is unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if SteadyStack violates or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and interactions of the SteadyStack NFTs will suffer. By participating in the sale and purchase of the SteadyStack NFTs, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of digital assets. Such systems may have vulnerabilities or other failures, or other abnormal behavior. SteadyStack is not responsible for any issues with the blockchains, including forks, technical node issues or any other issues having fund losses as a result. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase at any time. You further acknowledge the risk that your digital assets may lose some or all of their value while they are supplied from SteadyStack. You further acknowledge that we are not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience while purchasing an SteadyStack NFT. Accordingly, you understand and agree to assume full responsibility for all of the risks of participating in the sale and purchase of the SteadyStack NFT.

Appears in 1 contract

Samples: Steadystack NFT Purchase and License Agreement

Warranty Disclaimers and Assumption of Risk. Purchaser represents and warrants that it (a) is the age of majority in Purchaser’s place of residence (which is typically 18 years of age in most U.S. states) and has the legal capacity to enter into this Agreement, (b) that Purchaser will use and interact with its purchased OnChainMonkeys the Song Tokens and Core Art Streaming Royalties only for lawful purposes and in accordance with this Agreement, and (c) that Purchaser will not use its purchased OnChainMonkeys the Song Tokens or Core Art Streaming Royalties to violate any law, regulation or ordinance or any right of NfinitaArtist, its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. Purchaser further agrees that it will comply with all applicable law. Each Purchaser warrants and represents that neither ArtistFirst nor Artist (a) has made any promise or representation relating to the subject matter of this Agreement other than as expressly stated in this Agreement including, by way of example only with without limitation, any promises or representations about the potential commercial success of the Recording or the amount of Streaming Royalties, (b) guarantees that any particular amount of Streaming Royalties will be distributed via the Streaming Royalty Share, (c) guarantees that Streaming Royalties will be distributed or made available via the Streaming Royalty Share with any particular frequency; or (d) guarantees that a market does or will exist for any Secondary Transactions. Each Purchaser expressly acknowledges that the Streaming Royalty Share may consist of little or no Streaming Royalties, that there may not be a market for any Secondary Transactions, and to the extent there is a market for any Secondary Transaction, the Song Token may or may not have any material value in that market. THE ONCHAIN MONKEYS SONG TOKENS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NFINITA ARTIST EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE (OTHER THAN THE SPECIFIC UTILITY AS DESCRIBED HEREIN, NAMELY, THE ATTRIBUTION OF THE STREAMING ROYALTY REVENUE SHARE), QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NFINITA ARTIST MAKES NO WARRANTY THAT THE ONCHAINMONKEYS SONG TOKENS WILL MEET PURCHASER’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NFINITA ARTIST MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT RELATED TO ON THE ONCHAINMONKEYSSONG TOKENS. NFINITA ROYAL AND ARTIST WILL NOT BE RESPONSIBLE OR LIABLE TO PURCHASER FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF AN ONCHAIN MONKEYTHE SONG TOKEN, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES; (IV) UNAUTHORIZED ACCESS TO ONCHAIN MONKEY; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST BLOCKCHAIN NETWORK UNDERLYING THE ONCHAINMONKEYS. AN ONCHAIN MONKEYS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK, WHICH NFINITA DO NOT CONTROL. NFINITA DO NOT GUARANTEE THAT NFINITA OR ANY NFINITA PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY ONCHAIN MONKEY. PURCHASER BEARS FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS PURCHASER PURCHASES THROUGH THE NFT MARKETPLACE. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, NFINITA MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE NFT MARKETPLACE OR ANY PURPORTED SUBSEQUENT TRANSACTIONS. NFINITA IS NOT RESPONSIBLE ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF AN ONCHAINMONKEYS. NFINITA IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING ONCHAINMONKEYS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.:

Appears in 1 contract

Samples: Assignment of Streaming Royalties Agreement

Warranty Disclaimers and Assumption of Risk. Purchaser represents You represent and warrants warrant that it You: (a) is are at least the age of majority in Purchaser’s Your place of residence (which is typically 18 years of age in most U.S. states) and has the legal capacity to enter into this Agreement, (b) that Purchaser will use and interact with its purchased OnChainMonkeys the Tattoo Skullz Society Collectibles and Core Tattoo Skullz Society Art only for lawful purposes and in accordance with this Agreement, and (c) that Purchaser will not use its purchased OnChainMonkeys the Tattoo Skullz Society Collectibles or Core Tattoo Skullz Society Art to violate any law, regulation or ordinance or any right of Nfinitathe Company, its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. Purchaser You further agrees agree that it You will comply with all applicable lawlaws. THE ONCHAIN MONKEYS TATTOO SKULLZ SOCIETY COLLECTIBLES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NFINITA THE COMPANY EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NFINITA THE COMPANY MAKES NO WARRANTY THAT THE ONCHAINMONKEYS TATTOO SKULLZ SOCIETY COLLECTIBLES WILL MEET PURCHASER’S YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NFINITA THE COMPANY MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT RELATED TO ON THE ONCHAINMONKEYSTATTOO SKULLZ SOCIETY COLLECTIBLES. NFINITA THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE TO PURCHASER YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF AN ONCHAIN MONKEYTHE TATTOO SKULLZ SOCIETY COLLECTIBLES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES; (IV) UNAUTHORIZED ACCESS TO ONCHAIN MONKEYTATTOO SKULLZ SOCIETY COLLECTIBLES; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST BLOCKCHAIN NETWORK UNDERLYING THE ONCHAINMONKEYSTATTOO SKULLZ SOCIETY COLLECTIBLES. AN ONCHAIN MONKEYS THE TATTOO SKULLZ SOCIETY COLLECTIBLES ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK, WHICH NFINITA DO THE COMPANY DOES NOT CONTROL. NFINITA DO THE COMPANY DOES NOT GUARANTEE THAT NFINITA THE COMPANY OR ANY NFINITA THIRD PARTY PLATFORMS CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY ONCHAIN MONKEYTATTOO SKULLZ SOCIETY COLLECTIBLES. PURCHASER BEARS YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS PURCHASER PURCHASES YOU PURCHASE THROUGH THE NFT MARKETPLACECOLLECTIBLES WEBSITE. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, NFINITA THE COMPANY MAKES NO CLAIMS CLAIM ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE NFT MARKETPLACE COLLECTIBLES WEBSITE OR ANY PURPORTED SUBSEQUENT SECONDARY TRANSACTIONS. NFINITA THE COMPANY IS NOT RESPONSIBLE FOR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF AN ONCHAINMONKEYSTHE TATTOO SKULLZ SOCIETY COLLECTIBLES. NFINITA THE COMPANY IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING ONCHAINMONKEYSTHE TATTOO SKULLZ SOCIETY COLLECTIBLES, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Tattoo Skullz Society NFT Purchase and License Agreement

Warranty Disclaimers and Assumption of Risk. Purchaser represents and warrants that it (a) is the age of majority in Purchaser’s place of residence (which is typically 18 years of age in most U.S. states) and has the legal capacity to enter into this Agreement, (b) that Purchaser will use and interact with its purchased OnChainMonkeys the MetaHeroes and Core MetaHeroes Art only for lawful purposes and in accordance with this Agreement, and (c) that Purchaser will not use its purchased OnChainMonkeys the MetaHeroes or Core MetaHeroes Art to violate any law, regulation or ordinance or any right of NfinitaUnited Planets, its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. Purchaser further agrees that it will comply with all applicable law. THE ONCHAIN MONKEYS METAHEROES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NFINITA UNITED PLANETS EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NFINITA UNITED PLANETS MAKES NO WARRANTY THAT THE ONCHAINMONKEYS METAHEROES WILL MEET PURCHASER’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NFINITA UNITED PLANETS MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT RELATED TO ON THE ONCHAINMONKEYSMETAHEROES. NFINITA UNITED PLANETS WILL NOT BE RESPONSIBLE OR LIABLE TO PURCHASER FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF AN ONCHAIN MONKEYTHE METAHERO, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES; (IV) UNAUTHORIZED ACCESS TO ONCHAIN MONKEYTHE METAHERO; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST BLOCKCHAIN NETWORK UNDERLYING THE ONCHAINMONKEYSMETAHEROES. AN ONCHAIN MONKEYS THE METAHEROES ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK, WHICH NFINITA DO UNITED PLANETS DOES NOT CONTROL. NFINITA DO UNITED PLANETS DOES NOT GUARANTEE THAT NFINITA OR ANY NFINITA PARTY UNITED PLANETS CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY ONCHAIN MONKEYMETAHERO. PURCHASER BEARS FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS PURCHASER PURCHASES THROUGH THE NFT MARKETPLACE. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, NFINITA UNITED PLANETS MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE NFT MARKETPLACE OR ANY PURPORTED SUBSEQUENT TRANSACTIONS. NFINITA UNITED PLANETS IS NOT RESPONSIBLE ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF AN ONCHAINMONKEYSTHE METAHEROES. NFINITA UNITED PLANETS IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING ONCHAINMONKEYSTHE METAHEROES, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Metahero License Agreement

Warranty Disclaimers and Assumption of Risk. Purchaser represents and warrants that it (a) is the age of majority in Purchaser’s place of residence (which is typically 18 years of age in most U.S. states) and has the legal capacity to enter into this Agreement, (b) that Purchaser will use and interact with its purchased OnChainMonkeys and Core Art only for lawful purposes and in accordance with this Agreement, and (c) that Purchaser will not use its purchased OnChainMonkeys or Core Art to violate any law, regulation or ordinance or any right of Nfinita, its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. Purchaser further agrees that it will comply with all applicable law. THE ONCHAIN MONKEYS CURATORS SOCIETY NFTS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NFINITA THE FOUNDATION EXPLICITLY DISCLAIMS ON BEHALF OF ITSELF AND ALL OTHER PERSONS, ENTITIES AND PARTIES THAT ARE OR IN THE FUTURE MAY PROVIDE ANY ENTITLEMENTS, RIGHTS, PRIVILEGES, PREFERENCES, OR BENEFITS, OF ANY KIND OR IN ANY FORM, TO PURCHASER IN ITS CAPACITY AS A HOLDER OF THE CURATORS SOCIETY NFT, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, AND REPRERESENTATIVES (COLLECTIVELY, THE “DISCLAIMED PARTIES”), AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NFINITA THE FOUNDATION ON BEHALF OF ITSELF AND THE DISCLAIMED PARTIES MAKES NO WARRANTY THAT THE ONCHAINMONKEYS CURATORS SOCIETY NFTS WILL MEET PURCHASER’S REQUIREMENTS REQUIREMENTS, THE CURATORS SOCIETY CHARACTER WILL BE DISPLAYED OR AVAILABLE IN THEM, OR THE CURATORS SOCIETY NFT BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NFINITA MAKES NO NEITHER THE FOUNDATION NOR THE DISCLAIMED PARTIES MAKE ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT RELATED TO THE ONCHAINMONKEYSCURATORS SOCIETY NFTS. NFINITA NEITHER THE FOUNDATION NOR THE DISCLAIMED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE TO PURCHASER FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF AN ONCHAIN MONKEYTHE CURATORS SOCIETY NFT, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES; (IV) UNAUTHORIZED ACCESS TO ONCHAIN MONKEYCURATORS SOCIETY NFT; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, HACKING, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST BLOCKCHAIN NETWORK UNDERLYING ATTACK. THE ONCHAINMONKEYS. AN ONCHAIN MONKEYS CURATORS SOCIETY NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK, WHICH NFINITA DO NOT CONTROLNEITHER THE FOUNDATION NOR ANY DISCLAIMED PARTY CONTROLS. NFINITA DO NOT GUARANTEE NEITHER THE FOUNDATION NOR ANY DISCLAIMED PARTY GUARANTEES THAT NFINITA THE FOUNDATION OR ANY NFINITA PARTY CAN DISCLAIMED PARTYCAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY ONCHAIN MONKEYCURATORS SOCIETY NFT. PURCHASER BEARS FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS PURCHASER PURCHASES THROUGH THE NFT MARKETPLACECURATORS SOCIETY WEBSITE. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, NFINITA NEITHER THE FOUNDATION NOR ANY DISCLAIMED PARTY MAKES NO ANY CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE NFT MARKETPLACE CURATORS SOCIETY WEBSITE OR ANY PURPORTED SUBSEQUENT SECONDARY TRANSACTIONS. NFINITA NEITHER THE FOUNDATION NOR ANY DISCLAIMED PARTY IS NOT RESPONSIBLE FOR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF AN ONCHAINMONKEYSTHE CURATORS SOCIETY NFTS. NFINITA NEITHER THE FOUNDATION NOR ANY DISCLAIMED PARTY IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING ONCHAINMONKEYSTHE CURATORS SOCIETY NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Curators Society NFT Purchase and License Agreement

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Warranty Disclaimers and Assumption of Risk. Purchaser Owner represents and warrants that it Owner: (a) is at least the age of majority in PurchaserOwner’s place state of residence (which is typically 18 years of age in most U.S. states) and has the legal capacity to enter into this Owner Agreement, ; (b) that Purchaser will use and interact with its purchased OnChainMonkeys the NFT, including the Digital Object(s) and Core Art Entitlement(s), only for lawful purposes and in accordance with this Agreement, Owner Agreement and all applicable laws; and (c) that Purchaser will not use its purchased OnChainMonkeys the NFT, including the Digital Object(s) or Core Art Entitlement(s), to violate any law, regulation or ordinance or any right of Nfinita, its licensors Licensor or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. Purchaser further agrees that it will comply with all applicable law. THE ONCHAIN MONKEYS ARE NFT IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NFINITA LICENSOR EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NFINITA FURTHER, LICENSOR MAKES NO WARRANTY THAT THE ONCHAINMONKEYS NFT WILL MEET PURCHASEROWNER’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NFINITA LICENSOR MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT RELATED ON THE NFT. LICENSOR DOES NOT WARRANT THAT THE NFT OR DIGITAL OBJECT(S) WILL PERFORM WITHOUT ERROR. FURTHER, LICENSOR PROVIDES NO WARRANTY REGARDING, AND WILL HAVE NO RESPONSIBILITY FOR, ANY CLAIM ARISING OUT OF: (i) A MODIFICATION OF THE NFT OR DIGITAL OBJECT(S) MADE BY ANYONE OTHER THAN LICENSOR, UNLESS LICENSOR APPROVES SUCH MODIFICATION IN WRITING; (ii) OWNER’S MISUSE OF OR MISREPRESENTATION REGARDING THE NFT OR DIGITAL OBJECT(S); (iii) RESCHEDULING OR CANCELLATION OF ANY ENTITLEMENTS ASSOCIATED WITH THE NFT; (iv) THE FLUCTUATION IN VALUE OF THE NFT; OR (v) ANY TECHNOLOGY, INCLUDING WITHOUT LIMITATION, ANY WEARABLE OR PLATFORM, THAT FAILS TO THE ONCHAINMONKEYSPERFORM OR CEASES TO EXIST. NFINITA LICENSOR WILL NOT BE RESPONSIBLE OR LIABLE TO PURCHASER FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU OWNER FOR, ANY USE OF AN ONCHAIN MONKEYTHE NFT, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (Ii) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (IIii) SERVER FAILURE OR DATA LOSS; (IIIiii) CORRUPTED CRYPTOCURRENCY WALLET FILES; (IViv) UNAUTHORIZED ACCESS TO ONCHAIN MONKEYTHE NFT; OR (Vv) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST BLOCKCHAIN NETWORK UNDERLYING THE ONCHAINMONKEYSNFT. AN ONCHAIN MONKEYS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK, WHICH NFINITA DO NOT CONTROL. NFINITA DO NOT GUARANTEE THAT NFINITA OR ANY NFINITA PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY ONCHAIN MONKEY. PURCHASER BEARS FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS PURCHASER PURCHASES THROUGH THE NFT MARKETPLACE. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, NFINITA MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE NFT MARKETPLACE OR ANY PURPORTED SUBSEQUENT TRANSACTIONS. NFINITA LICENSOR IS NOT RESPONSIBLE FOR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF THIRD PARTY SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF AN ONCHAINMONKEYSTHE NFT. NFINITA LICENSOR IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING ONCHAINMONKEYSTHE NFT, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: NFT Owner Agreement

Warranty Disclaimers and Assumption of Risk. Purchaser represents and warrants that it (a) is the age of majority in Purchaser’s place of residence (which is typically 18 years of age in most U.S. states) and has the legal capacity to enter into this Agreement, (b) that Purchaser will use and interact with its purchased OnChainMonkeys the Stream Tokens and Core Art Streaming Royalties only for lawful purposes and in accordance with this Agreement, and (c) that Purchaser will not use its purchased OnChainMonkeys the Stream Tokens or Core Art Streaming Royalties to violate any law, regulation or ordinance or any right of NfinitaArtist, its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. Purchaser further agrees that it will comply with all applicable law. Each Purchaser warrants and represents that neither NEWM nor Artist (a) has made any promise or representation relating to the subject matter of this Agreement other than as expressly stated in this Agreement including, but not limited to, any promises or representations about the the amount of Streaming Royalties or the potential commercial success of the Recording, (b) guarantees that any specific amount of Streaming Royalties will be distributed via the Streaming Royalty Share, (c) guarantees that any particular amount of Streaming Royalties Shares will be distributed, (d) guarantees that Streaming Royalties or Streaming Royalty Shares will be distributed with any specific frequency; or (e) guarantees that a Secondary Market currently exists or or will exist at some point in the future. Each Purchaser expressly acknowledges that there may be no Streaming Royalties, that there may not be any market for Secondary Transactions or for the Stream Tokens generally, and to the extent there is a market, the Stream Token may or may not have any value in that market. THE ONCHAIN MONKEYS STREAM TOKENS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NFINITA ARTIST EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE (OTHER THAN THE SPECIFIC UTILITY AS DESCRIBED HEREIN, NAMELY, THE ATTRIBUTION OF THE STREAMING ROYALTY REVENUE SHARE), QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NFINITA ARTIST MAKES NO WARRANTY THAT THE ONCHAINMONKEYS STREAM TOKENS WILL MEET PURCHASER’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NFINITA ARTIST MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT RELATED TO ON THE ONCHAINMONKEYSSTREAM TOKENS. NFINITA NEWM AND ARTIST WILL NOT BE RESPONSIBLE OR LIABLE TO PURCHASER FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF AN ONCHAIN MONKEYTHE STREAM TOKEN, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES; (IV) UNAUTHORIZED ACCESS TO ONCHAIN MONKEYSTREAM TOKEN; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST BLOCKCHAIN NETWORK UNDERLYING THE ONCHAINMONKEYSSTREAM TOKENS. AN ONCHAIN MONKEYS THE STREAM TOKENS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK, WHICH NFINITA NEWM AND ARTIST DO NOT CONTROL. NFINITA NEWM AND ARTIST DO NOT GUARANTEE THAT NFINITA ARTIST OR ANY NFINITA ARTIST PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY ONCHAIN MONKEYSTREAM TOKEN. PURCHASER BEARS FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS PURCHASER PURCHASES THROUGH THE NFT MARKETPLACENEWM WEBSITE. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, NFINITA ARTIST MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE NFT MARKETPLACE NEWM WEBSITE OR ANY PURPORTED SUBSEQUENT TRANSACTIONS. NFINITA IS NEWM AND ARTIST ARE NOT RESPONSIBLE FOR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF AN ONCHAINMONKEYSTHE STREAM TOKENS. NFINITA NEWM AND ARTIST IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING ONCHAINMONKEYSTHE STREAM TOKENS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Royalties Agreement

Warranty Disclaimers and Assumption of Risk. Purchaser represents and warrants that it (a) is the age of majority in Purchaser’s place of residence (which is typically 18 years of age in most U.S. states) and has the legal capacity to enter into this Agreement, (b) that Purchaser will use and interact with its purchased OnChainMonkeys the CEOs and Core CEOs Art only for lawful purposes and in accordance with this Agreement, and (c) that Purchaser will not use its purchased OnChainMonkeys the CEOs or Core CEOs Art to violate any law, regulation or ordinance or any right of NfinitaThe Capitalist game Developers, its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. Purchaser further agrees that it will comply with all applicable law. THE ONCHAIN MONKEYS CEOS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NFINITA THE CAPITALIST GAME DEVELOPERS EXPLICITLY DISCLAIMS DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NFINITA MAKES THE CAPITALIST GAME DEVELOPERS MAKE NO WARRANTY THAT THE ONCHAINMONKEYS CEOS WILL MEET PURCHASER’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NFINITA MAKES THE CAPITALIST GAME DEVELOPERS MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT RELATED TO ON THE ONCHAINMONKEYSCEOS. NFINITA THE CAPITALIST GAME DEVELOPERS WILL NOT BE RESPONSIBLE OR LIABLE TO PURCHASER FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF AN ONCHAIN MONKEYTHE CEO, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES; (IV) UNAUTHORIZED ACCESS TO ONCHAIN MONKEYTHE CEO; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST BLOCKCHAIN NETWORK UNDERLYING THE ONCHAINMONKEYSCEOS. AN ONCHAIN MONKEYS THE CEOS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK, WHICH NFINITA WE DO NOT CONTROL. NFINITA THE CAPITALIST GAME DEVELOPERS DO NOT GUARANTEE THAT NFINITA OR ANY NFINITA PARTY THE CAPITALIST GAME DEVELOPERS CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY ONCHAIN MONKEYCEO. PURCHASER BEARS FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS PURCHASER PURCHASES THROUGH THE NFT MARKETPLACE. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, NFINITA MAKES WE MAKE NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE NFT MARKETPLACE OR ANY PURPORTED SUBSEQUENT TRANSACTIONS. NFINITA IS WE ARE NOT RESPONSIBLE ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF AN ONCHAINMONKEYSTHE CEOS. NFINITA IS THE CAPITALIST GAME DEVELOPERS ARE NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING ONCHAINMONKEYSTHE CEOS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: capitalist-game.com

Warranty Disclaimers and Assumption of Risk. Purchaser represents Participating in the purchase of NFT involves significant risks and warrants potential financial losses. You represent and warrant that it You: (a) is are at least the age of majority in Purchaser’s Your place of residence (which is typically 18 years of age in most U.S. statescountry of India) and has have the legal capacity to enter into this Agreement, (b) that Purchaser have sufficient understanding of the projected transaction and the NFT to make informed decisions after performing your own due diligence, (c) read and understood all the terms of this Agreement and fully understand all the risks herein and are willing to assume all the liabilities and losses, (c) will use and interact with its purchased OnChainMonkeys the Planet5E Collectibles and Core Planet5E Art only for lawful purposes and in accordance with this Agreement, and (cd) that Purchaser will not use its purchased OnChainMonkeys the Planet5E Collectibles or Core Planet5E Art to violate any law, regulation or ordinance or any right of NfinitaPlanet5E, its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. Purchaser You further agrees agree that it You will comply with all applicable lawlaws. THE ONCHAIN MONKEYS TL COLLECTIBLES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NFINITA TLI EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NFINITA Planet5E MAKES NO WARRANTY THAT THE ONCHAINMONKEYS Planet5E COLLECTIBLES WILL MEET PURCHASER’S YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-ERROR- FREE BASIS. NFINITA Planet5E MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, SUITABILITY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT RELATED ON THE TL COLLECTIBLES. DIGITAL Planet5E ART AND ITS DESCRIPTIONS ARE POSTED ON THE COLLECTIBLES WEBSITE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT BE INDEPENDENTLY VERIFIED BY XYZ AND/OR ITS PARTNERS. THEREFORE, YOUR RELIANCE ON SUCH INFORMATION IS AT YOUR OWN RISK. YOU SHOULD ALWAYS VERIFY INFORMATION ON THE COLLECTIBLES WEBSITE BEFORE MAKING A BID OR PURCHASE. BECAUSE TLI DOES NOT CONTROL THIRD-PARTY SITES AND/OR RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT Planet5E IS NOT RESPONSIBLE FOR THE ACCURACY OR AVAILABILITY OF ANY MATERIALS AND/OR EXTERNAL SITES OR RESOURCES. YOUR INTERACTIONS WITH OTHER COLLECTIBLES WEBSITE USERS ARE SOLELY BETWEEN YOU AND SUCH USERS. YOU AGREE THAT THE COLLECTIBLES WEBSITE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. IF THERE IS A DISPUTE BETWEEN YOU AND ANY COLLECTIBLES WEBSITE USER, Planet5E NOR XYZ IS UNDER ANY OBLIGATION TO THE ONCHAINMONKEYSBECOME INVOLVED. NFINITA Planet5E WILL NOT BE RESPONSIBLE OR LIABLE TO PURCHASER YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF AN ONCHAIN MONKEYTHE Planet5E COLLECTIBLE, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES; (IV) UNAUTHORIZED ACCESS TO ONCHAIN MONKEYPlanet5E COLLECTIBLE; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE BLOCKCHAIN NETWORK UNDERLYING THE ONCHAINMONKEYSPlanet5E COLLECTIBLES. AN ONCHAIN MONKEYS THE Planet5E COLLECTIBLES ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK, WHICH NFINITA DO Planet5E DOES NOT CONTROL. NFINITA DO Planet5E DOES NOT GUARANTEE THAT NFINITA Planet5E OR ANY NFINITA PARTY XYZ CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY ONCHAIN MONKEYPlanet5E COLLECTIBLE. PURCHASER BEARS YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS PURCHASER PURCHASES YOU PURCHASE THROUGH THE NFT MARKETPLACECOLLECTIBLES WEBSITE. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, NFINITA Planet5E MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE NFT MARKETPLACE COLLECTIBLES WEBSITE OR ANY PURPORTED SUBSEQUENT SECONDARY TRANSACTIONS. NFINITA Planet5E IS NOT RESPONSIBLE FOR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF AN ONCHAINMONKEYSTHE Planet5E COLLECTIBLES. NFINITA Planet5E IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING ONCHAINMONKEYSTHE Planet5E COLLECTIBLES, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOUYOU IN FULL.

Appears in 1 contract

Samples: NFT Purchase and License Agreement

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