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Apecessories Terms of Use

Apecessories has no affiliation to other NFT collections. Future cooperations are possible.

Table of Contents

  1. Introduction
  2. 1. Definitions
  3. 2. The Sale
  4. 3. Ownership
  5. 4. Your obligations
  6. 5. Fees and Payment
  7. 6. Assumption of Risk
  8. 7. Changes to this Agreement and Apecessories Services
  9. 8. Indemnity
  10. 9. DISCLAIMER OF WARRANTY
  11. 10. LIMITATION OF LIABILITY
  12. 11. Payment and Taxes
  13. 12. Governing Law
  14. 13. Miscellaneous

IntroductionIntroduction

Apecessories is a project of AK47 Studio Lda, a Lisbon-based private limited company (hereinafter interchangeably the “Company”, the “Issuer” or simply “we”, “us”, “our”), with the aim of creating various digital artwork collections of non-fungible tokens (hereinafter “NFTs” and “NFT collections”) running on the Ethereum network united by a common topic - digital goods for the Ape Universe (outside of the Ape Universe Apecessories can be used as well).

These NFT Terms of Service (hereinafter “NFT Terms”) apply to sales by the Company through the websites (www.apecessories.com, www.apecessories.store and others hereinafter “Website”, “Site”), Third Party Sites (for example, OpenSea), and blockchain-based applications of NFTs. Further in this document whenever we use the term Apecessories or its other forms we always refer to the project solely ran and fully owned by the Company.

The Website is only the interface allowing the users to explore the universe of accessories for the Ape Universe (hereinafter “Apecessories”, “Apecessories platform” or “Platform”). Our idea is to make Apecessories a place where owners of NFTs from various collections of NFT Apes (hereinafter “Ape Owners”) can find the items compatible with their Ape NFTs and collection creators (which may be other digital artists, besides the Apecessories) find their audience of Ape Owners.

We would like to emphasize that we are not associated with any particular existing NFT collection (though we are open to future cooperations). Apecessories NFTs are pieces of digital art on its own which may or may not be compatible with some Ape NFTs from other NFT collections.

We give the owner of Apecessory NFTs (hereinafter “the Owner”, “the Purchaser” or “the User”) the freedom to decide on the best way to utilize Apecessory NFT in compliance with any relevant legal norms and only in a way that does not infringe the intellectual property or proprietary rights of any party or otherwise violates the legal rights of others. Therefore, it is the Owner of Apecessory NFT who should care and guarantee no infringement of intellectual property or proprietary rights of other parties and that no violation of the legal rights of others takes place as a result of the way he/she utilizes the Apecessory NFT.

Users are entirely responsible for the safety and management of their own private Ethereum wallets and validating all transactions and contracts generated by this website or Third Party Sites (for example, OpenSea) before approval. Furthermore, as the Apecessory NFT collections utilize smart contracts on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.

This website and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving digital collectibles issued by the Issuer directly or through the Third Party Sites (for example, OpenSea).

Issuer may sell NFTs to initial purchasers thereof, and may provide goods and services to initial purchasers and subsequent transferees of NFTs (sometimes referred to herein simply as “you” or using similar terms), including without limitation access to the Apecessories platform, subject to your acceptance of these NFT Terms.

These NFT Terms represent a binding contract between you and us. Your purchase of, acquisition of, and/or ownership of, NFTs through the Apecessories platform or through Third Party Sites (for example, OpenSea) constitutes your full and unconditional agreement to these NFT Terms. We may update these NFT Terms by providing a new version online and your continued use of the Platform after any such update constitutes your binding acceptance of such changes. We may immediately terminate our contract with respect to you and your access to the Apecessories platform if you fail to comply with any of the NFT Terms. The Third Party Sites (like OpenSea) may as well immediately terminate your relationship with them and your access to their platform if you fail to comply with their respective Terms (like OpenSea terms accessible here: https://opensea.io/tos)

PLEASE READ THESE NFT TERMS CAREFULLY BEFORE USING THE APECESSORIES PLATFORM. THESE NFT TERMS GOVERN YOUR USE OF THE PLATFORM, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT OR PROVIDED SPECIFIC TERMS WITH YOU FOR THAT PURPOSE. THE PLATFORM IS ONLY AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE NFT TERMS.

IF YOU ARE ACCEPTING THESE NFT TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE NFT TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE NFT TERMS, THEN WE ARE UNABLE TO MAKE THE PLATFORM AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE NFT TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.

BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE PLATFORM OR ANY PART OF IT, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE NFT TERMS, AND YOU REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OLD OR OLDER.

1. DefinitionsDefinitions

" Apecessory / Apecessory NFT / Apecessories NFT / Apecessory Art / Art" means any non-fungible token ("NFT") created and issued by the Company on the Ethereum blockchain that the Purchaser has rightfully acquired through OpenSea Platform (owned and operated by Ozone Networks, hereinafter "OpenSea") or from other legitimate source, where proof of the acquisition is recorded through and can be traced via smart contracts on the Ethereum blockchain. It is stand-alone NFTs and pieces of digital art which can be used on its own or (if legal, intellectual or IP or any other relevant rights allow the User / Owner / Purchaser to do so) may be utilized in combination with other NFTs which the User Owns. To avoid any misunderstanding, We give the User / Owner / Purchaser of Apecessories from our side all requried rights to utilize Apecessory NFTs in combination with NFTs from other collections not produced by Us, but it is the duty and responsibility of the User / Owner / Purchaser to make sure that the way he/she intends to utilize the Apecessory NFT does not infringe the intellectual property or proprietary rights of any party or otherwise violates the legal rights of others.

"Ape NFT" any NFT from the collection of APE NFTs not issued by AK47 Studio LDA

"Apecessories / Apecessories platform / Platform " Refers to all content and services of the Company accessible from the apecessories.com and apecessories.store domains, its linked domains and subdomains.

"Company" refers to AK47 Studio, LDA as defined in current Agreement

"Intellectual Property Rights" means any works of authorship, copyrights, moral rights, trademarks, service marks, trade names, goodwill, trade secrets, know-how, patents, designs, algorithms and other industrial property and proprietary rights and any and all rights in or associated with any of the foregoing (including rights in any registrations, applications, renewals, extensions, continuations, divisions or reissues), recognized in any country or jurisdiction in the world.

"NFT Sale / Sale" refers to the offering by AK47 Studio, Lda of any Apecessory NFT on the OpenSea or other platform.

"Parties" refers to the Purchaser and the Company and "Party" refers to one of them.

"Purchaser / Owner / User" (used interchangeably in these NFT Terms) refers to any person who purchased Apecessory NFT in legitimate way through OpenSea or by any other legitimate way and who can demonstrate its acquisition through the record / records on the Ethereum blockchain.

"You" Refers to you as the current Purchaser of NFT Sale and Party of these NFT Terms.

2. The SaleThe Sale

If you purchase Apecessories NFTs, you agree not only to be bound by the terms of this Agreement but by any and all terms of service applicable to the OpenSea platform, which is sponsored by Ozone Networks, Inc. (d/b/a OpenSea) ("OpenSea"). Apecessories is not affiliated with OpenSea nor any other third-party site, product, or service you might access, visit, or use for the purpose of enabling you to purchase Apecessories NFT. We are also not liable for any acts or omissions of OpenSea or any other third party, or for any damages you may suffer as a result of your transactions or any other interaction with them.

3. OwnershipOwnership

You Own the NFT. Each Apecessories NFT is an NFT on the Ethereum blockchain. When you purchase an NFT, you own the underlying Apecessory completely. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point may we seize, freeze, or otherwise modify the ownership of any Apecessory NFT. You own Apecessory NFT until the moment you can demonstrate the ownership through Ethereum Network (i.e. if you sell your Apecessory NFT, you are of course no longer the owner of this NFT).

Personal Use. Subject to your continued compliance with these Terms, AK47 Studio grants you a worldwide, royalty-free license to use, copy, and display the purchased Art, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Apecessory NFT, provided that the marketplace cryptographically verifies each Apecessory Owner's rights to display the Apecessory NFT to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of Apecessory NFT, provided that the website/application cryptographically verifies each Apecessory NFT Owner's rights to display the Art for their Apecessory to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Apecessory leaves the website/application.

Commercial Use. Subject to your continued compliance with these Terms, AK47 Studio grants you an unlimited, worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art (“Commercial Use”). Examples of such Commercial Use would e.g. be the use of the Art to produce and sell merchandise products (T-Shirts etc.) displaying copies of the Art. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale Apecessories generally, provided that the marketplace cryptographically verifies each Apecessory Owner’s rights to display the Art for their Apecessory to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of Apecessories generally, provided that the third party website or application cryptographically verifies each Apecessory Owner’s rights to display the Art for their Apecessories to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Apecessory leaves the website/application; or (iii) earning revenue from any of the foregoing.

After the purchase of Apecessory NFT we keep the right to use free of charge any of the Apecessory NFTs issued by us in our advertising / sponsoring campaigns. It should be also clear that we as the Issuer keep the right to display any of the Apecessories on our Website or the websites to which we grant or will grant the permission to do it.

4. Your obligationsYour obligations

You are solely responsible for your own conduct while accessing or using the Platform, and for any consequences thereof. You agree to use the Platform 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:

  1. (a) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or otherwise objectionable content;
  2. (b) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
  3. impersonate another person;
  4. (c) upload, post, transmit or otherwise make available through the Platform any content that infringes the intellectual property or proprietary rights of any party or otherwise violates the legal rights of others;
  5. (d) engage in, promote, or encourage illegal activity (including, without limitation, money laundering);
  6. (e) interfere with other users' use of the Platform;
  7. (f) use the Platform for any unauthorized commercial purpose;
  8. (g) modify, adapt, translate, or reverse engineer any portion of the Platform;
  9. (h) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it;
  10. (i) use any technology to collect information about the Platform for any unauthorized purpose;
  11. (j) access or use the Platform for the purpose of creating a product or service that is competitive with any of our products or services.

5. Fees and PaymentFees and Payment

We do not sell Apecessory NFTs directly on our Platform. Initial sale and subsequent transfers of ownership rights are conducted solely through Ethereum Network. Initial mint and initial sale is happening through OpenSea platform (we use so-called "lazy-minting"). 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.

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 as well as minting fee if you are thr first purchaser of the Apecessory NFT.

6. Assumption of RiskAssumption of Risk

Apecessories NFTs are made available solely for entertainment purposes. You acknowledge that NFTs carry the following risks among others. We expressly disclaim any responsibility for these risks.

Inherent Risks with Digital Assets

There are risks associated with using Internet-based digital assets such as NFTs and cryptocurrency, 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 electronic wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum blockchain network, however caused.

Value/Volatility/Not An Investment

The prices of NFTs can be extremely volatile and subjective, and NFTs have no inherent or intrinsic value. To the extent there is a price or market for a blockchain asset such as an NFT, (a) those prices and markets are extremely volatile, (b) variations in the price of other digital assets could materially and adversely affect the value of any digital assets you own, including NFTs, and (c) there is no guarantee that NFTs will have or retain any value. NFTs are not securities or financial instruments and are not offered for investment purposes. The commercial or market value of NFTs may materially diminish in value as a result of a variety of things, including negative publicity associated with Issuer. You accept and acknowledge that we will not be responsible for the risks of engaging in any transactions relating to your NFTs with third parties (e.g., transferring your NFT from a third party on any so-called "secondary market").

Use of Blockchain

The Platform does not store, send, or receive NFTs. This is because NFTs exist only by virtue of the ownership record maintained on the Platform’s supporting blockchain in the Ethereum blockchain network. Any transfer of NFTs occurs within the supporting blockchain in the Network, and not on the Platform. We do not make any promises or guarantees about related to OpenSea, the MetaMask Wallet, the Ethereum Foundation, the Ethereum blockchain, or any other third parties related to the Apecessories NFT Sale (including any of their respective applications and/or services, as well as to the continued availability of or the protection or storage of any data you provide to those parties).

No promise or guarantee is made about the availability of NFTs or that it will host your or any other NFTs at any specific location and/or for any specific period of time. Upgrades to the Ethereum blockchain, a hard fork or other change to the Ethereum blockchain, a failure or cessation of the Ethereum blockchain or its underlying cryptocurrency, or a change in how transactions are confirmed on the Ethereum blockchain may have unintended, adverse effects on all blockchains using those or similar technologies, including the NFTs. We do not make any promises or guarantees related to the Ethereum Foundation, the Ethereum blockchain, or any other third parties related to the NFTs or the Platform (including any of their respective applications and/or services, as well as to the continued availability of or the protection or storage of any data you provide to those parties).

You accept and acknowledge that we will not be responsible for any loss of access to your NFTs due to loss of your private key(s), custodial error or purchaser error, mining attacks, hacking, security weaknesses, fraud, counterfeiting, cyberattacks and other technological difficulties.

Regulatory Uncertainty

The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Platform ecosystem, and therefore the potential utility or value of your NFTs. You accept and acknowledge that we will not be responsible for 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 NFTs.

Tax Calculations

You are solely responsible for determining what, if any, taxes apply to your NFT-related transactions. We are not responsible for determining the taxes that apply to your transactions on the Platform or other NFT-related transactions.

General

You also acknowledge and agree that: (a) you have obtained sufficient information to make an informed decision regarding the NFTs; (b) you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself; (c) Issuer does not represent or warrant that any NFTs, or its supporting systems or technology, are reliable, current or error-free or otherwise meets your requirements, that defects in the NFTs, or their supporting systems or technology, will be corrected, or that the delivery mechanism for NFTs will be free of viruses or other harmful components; and (d) Issuer shall not be responsible for any communication failures, disruptions, errors or delays you may experience related to the NFTs.

Apecessories specific

We sell Apecessories NFTs as stand-alone pieces of digital art. We expressly state that though Apecessories NFTs may be compatible with some of the NFT collections existing on the market, we develop and sell Apecessories NFTs without any promise or guarantee that it will remain compatible to any NFT collection now of in the future. At the same time we will do our best to ensure the growing number of Ape NFTs and Ape Collections with which the Apecessory NFT you have purchased is compatible.

We also expressly state here that it is your full responsibility to make sure that the way your use / intend to use the Apecessory NFT does not infringe the intellectual property or proprietary rights of any party or otherwise violates the legal rights of others.

7. Changes to this Agreement and Apecessories ServicesChanges to this Agreement and Apecessories Services

Apecessories may make changes to this Agreement from time to time. When Apecessories makes such changes, we will make the updated Agreement available on this website and update the "Last Updated" date at the end of the Agreement accordingly. Please check this page periodically for changes. Any changes to this Agreement will apply on the date that they are made, and, by way of example, your continued access to or use of the Apecessories NFT Art after the Agreement has been updated will constitute your binding acceptance of the updates. To the extent our Services permit the inclusion, involvement, visualization, or display of the Apecessories NFT Art, including by cryptographically verifying your rights to display the Apecessories NFT Art in connection with your Apecessories NFT, you acknowledge that: (a) your use of our Services will be governed by the Apecessories User Agreement (b) the image quality, design specifications, and other visualized output of any Apecessories NFT Art will be subject toAK47 Studio's discretion and technological constraints; and (c) AK47 Studio reserves the right to modify, suspend, or discontinue the display of Apecessories NFT Art on our Services (in whole or in part) at any time, with or without notice to you.

8. IndemnityIndemnity

You will defend, indemnify, and hold AK47 Studio harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your license, sale or possession of the Apecessories NFT, including: (a) our breach of this Agreement or any third-party terms; (b) your violation of any law or the rights of any third party as a result of your own interaction with that third party; (c) any allegation that any materials or communications that you submit to us or transmit in the course of any Apecessories NFT Sale infringe or otherwise violate the Intellectual Property Rights of any third party; or (d) any other activities in connection with any Apecessories NFT Sale or the Apecessories NFT. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

9. DISCLAIMER OF WARRANTYDISCLAIMER OF WARRANTY

THERE IS NO WARRANTY FOR THE PLATFORM OR ANY NFTS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, ISSUER AND/OR OTHER PARTIES PROVIDE THE PLATFORM AND NFTS “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

YOU UNDERSTAND AND ACKNOWLEDGE THAT APECESSORIES NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE ETHEREUM BLOCKCHAIN AND ARE NOT LEGAL TENDER OR INTENDED FOR INVESTMENT PURPOSES. ALL SMART CONTRACTS ARE ON AND ALL TRANSFERS OF CRYPTOSNOO NFTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM BLOCKCHAIN. AK47 Studio HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO ANY OF THOSE SMART CONTRACTS OR TRANSFERS. ALL CRYPTOSNOO NFTS AND THE CRYPTOSNOO NFT ART ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO AK47 Studio DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE APECESSORIES NFTS OR ANY PART THEREOF (INCLUDING ANY SMART CONTRACT, EXTERNAL WEBSITES, APECESSORIES NFT ART, OR SECONDARY SALES OF OR ALLEGED SECONDARY MARKETS FOR APECESSORIES NFTS), INCLUDING IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS, ACCURACY OR RELIABILITY.

IN NO EVENT SHALL ANY OF THE AK47 Studio BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, 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 ANY THIRD-PARTY TECHNOLOGY OR PARTY RELATED TO ANY OF THE APECESSORIES NFTS, APECESSORIES NFT ART, AND APECESSORIES NFT AUCTIONS, INCLUDING THE ETHEREUM FOUNDATION, THE METAMASK WALLET, AND OPENSEA.

IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL AK47 Studio BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THIS AGREEMENT, THE APECESSORIES NFTS, THE APECESSORIES NFT ART, OR THE APECESSORIES NFT SALE (EVEN IF THE AK47 Studio ADVISED OF THE POSSIBILITY OF THOSE DAMAGES), AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE AK47 STUDIO LDA EXCEED US$100.

THE LIMITATIONS OF THIS SECTION WILL APPLY EVEN IF ANY REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

10. LIMITATION OF LIABILITYLimitation of Liability

EXCEPT AS REQUIRED BY NONWAIVABLE PROVISIONS OF APPLICABLE LAW OR AGREED TO IN WRITING, ISSUER (OR ANY LICENSOR) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PLATFORM OR ANY NFTS OR ELEMENTS THEREOF (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES), EVEN IF YOU OR OTHER PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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.

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) EUR 100.

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE PLATFORM 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.

11. Payment and TaxesPayment and Taxes

Cryptocurrency Financial Transactions on Platform

Any cryptocurrency payments or financial transactions that you engage in order to purchase Apecessories NFTs are performed through unaffiliated third-party platform (currently through OpenSea). We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. We do not provide refunds for any purchases that you might make on or through such third-party platforms - whether NFTs or anything else. Whether a particular cryptocurrency is accepted as a payment method is subject to change at any time in our sole discretion in line with the methods acceptable on OpenSea.

Fiat Currency Financial Transactions on Platform

We do not deal with fiat currencies on our platform. All the payment is processed through OpenSea. As a results we do not interact with and as a result do not store any of your credit card, bank or other payment details.

No liability for Financial Transactions

We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transaction that you engage in via OpenSea, or any other payment or transactions that you conduct via the Ethereum blockchain network.

Responsibility for Taxes

You are solely responsible for all taxes and charges (including any VAT, sales, or compensating-use tax or equivalent tax and any taxes on the resale of any Apecessories NFT) that apply in connection with any Apecessories NFT Sale and any subsequent transaction involving any Apecessories NFT. The applicable tax rate will be determined based upon the state, county, or locale. We are not responsible for determining the taxes that may apply to any of your transactions, it is fully your responsibility.

12. Governing LawGoverning Law

This Agreement and all matters related to it and/or any Apecessories NFTs, Apecessories NFT Art, or Apecessories NFT Sale will be governed by the laws of Portugal. All disputes related to this Agreement or the Apecessories NFTs, Apecessories NFT Art, or Apecessories NFT Sale will be brought solely in the state courts located in Lisbon, Portugal, and you consent to personal jurisdiction in these courts.

13. MiscellaneousMiscellaneous

Age Restrictions

NFTs provided by Issuer are intended for purchase and use by persons 21 years of age or older. You acknowledge and agree that you are not permitted to visit Issuer's website or purchase the NFTs, and shall not access Issuer's website or purchase any NFTs provided by Issuer if you are under the age of 21. By using the Platform, you certify that you are at least 21 years of age and agree to provide us with accurate information and verification concerning your age or identity if we request it. You also agree not to assist anyone under the age of 21 in accessing Issuer's website or the NFTs or attempt to contact anyone under 21 while accessing or using the Platform.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in these NFT Terms, there shall be no third party beneficiaries to these NFT Terms. You acknowledge and agree that Issuer's licensors are intended third party beneficiaries of these NFT Terms.

Entire Agreement; Waiver; Severability

These NFT Terms constitute the agreement between you and Issuer with respect to the Apecessories NFTs. The failure of Issuer to exercise or enforce any right or provision of these NFT Terms shall not constitute a waiver of such right or provision. If any provision of these NFT Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in that provision, and the other provisions of these NFT Terms remain in full force and effect.

Limitations Period

You agree that regardless of any statute or law to the contrary, any claim, or cause of action you may have arising out of or related to the use of any NFTs or the Platform must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Titles

The section titles and headings in these NFT Terms are for convenience only and have no legal or contractual effect.

Last Revised: March, 2022