Terms of Services
Purchase Agreements
Privacy Policy and Licenses

PLEASE READ THIS TOKEN PURCHASE AGREEMENT (THIS AGREEMENT) CAREFULLY.

THE ISSUER, AS IDENFITIED IN THE SALE DOCUMENT (THE SELLER), IS ISSUING AND SELLING TO YOU (THE BUYER) CERTAIN NON-FUNGIBLE TOKENS (NFINIT), AS MORE PARTICULARLY DESCRIBED IN THE COLLECTION MATERIAL, DOCUMENT, DESCRIPTION OR NOTICE RELATING TO THE FIRST SALE OF SUCH NFINIT (THE SALE DOCUMENT) AVAILABLE AT HTTPS://WWW.NFINITI.ART/ (THE WEBSITE). THE SELLER AND THE BUYER SHALL COLLECTIVELY BE REFERRED TO AS THE PARTIES, AND EACH A PARTY.

BY CLICKING "I ACCEPT" BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, PROVIDING ANY REQUESTED INFORMATION, OR OTHERWISE PURCHASING NFINIT, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS IN THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO SELL NFINIT TO YOU AND YOU MAY NOT PURCHASE NFINIT THE PURCHASE OF DIGITAL TOKENS IS SUBJECT TO A NUMBER OF RISKS, SOME OF WHICH THE SELLER HAS SET OUT IN THIS AGREEMENT. IF THE BUYER IS IN ANY DOUBT AS TO THE SUITABILITY OR OTHERWISE OF PURCHASING THE DIGITAL TOKENS REFERRED TO IN THIS AGREEMENT, THE BUYER SHOULD SEEK APPROPRIATE PROFESSIONAL ADVICE.

NOW, THEREFORE, in consideration of the mutual representations, warranties and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Seller and Buyer agree as follows:

1. DEFINITIONS

   1. Unless the context requires otherwise, the following terms shall have the ascribed meanings in this Agreement:

      Affiliate means, with respect to any Person, any other Person directly or indirectly controlling, controlled by or under common control with such Person.

      Claim Period shall have the meaning ascribed to it in Clause 12.3.

      Control means, the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise, and the terms “controlled” and “controlling” have meanings correlative thereto.

      Dispute shall have the meaning ascribed to it in Clause 14.1.

      Intellectual Property means all ideas, concepts, discoveries, processes, code, compositions, formulae, methods, techniques, information, data, patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether patentable, copyrightable or protectable in trademark, registered or unregistered, and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

      Person shall mean and include an individual, a partnership, a legal entity, a corporation (including a business trust), a joint stock company, a company, an unincorporated association, a joint venture or other entity or a governmental authority.

      Platform Operator means NFiniTi Pte. Ltd., a company limited by shares incorporated in Singapore.

      Purchase Price shall have the meaning ascribed to it in Clause 2.3.

      Purpose shall have the meaning ascribed to it in Clause 8.3.

      Relevant Entity means (a) the Seller, its (b) Affiliates, and (c) the Platform Operator.

      USD means the lawful currency for the time being of The United States of America.

   2. In this Agreement:

      1. a reference to a statute, statutory provision or subordinate legislation is a reference to it as it is in force for the time being, taking account of any amendment or re-enactment or extension and includes any former state, statutory provision or subordinate legislation which it amends or re-enacts;
      2. unless the context otherwise requires, a reference to one gender shall include a reference to the other genders;
      3. unless the context otherwise requires, words in the singular include the plural and in the plural include the singular;
      4. clause, Schedule and paragraph headings shall not affect the interpretation of this Agreement;
      5. references to clauses and Schedules are to the clauses of and Schedules to this Agreement and references to paragraphs are to paragraphs of the relevant Schedule;
      6. the Schedules form part of this Agreement, and shall have effect as if set out in full in the body of this Agreement. Any reference to this Agreement includes the Schedules;
      7. a reference to this Agreement or to any other agreement or document referred to in this Agreement is a reference to this Agreement or such other agreement or document as varied or novated in accordance with its terms from time to time; and
      8. thousands are separated by commas (,), while decimals are denoted by a dot (.).

2. TERMS OF TOKEN SALE

   1. This Agreement constitutes a binding legal agreement between the Buyer and the Seller; it contains the terms that govern the Buyer's purchase of NFIniT as well as any smart contracts (if any) related to the purchase and/or distribution of NFIniT.
   2. The Buyer's purchase of NFIniT from the Seller is subject to these terms of sale.
   3. The aggregate purchase price to be paid by the Buyer for NFIniT shall be as indicated on the page bearing the button enabling the purchase transaction to be launched (the Purchase Price).
   4. The Purchase Price for NFIniT shall be payable immediately in ETH to the Seller's designated wallet address as may be notified by the Seller to the Buyer in the purchasing process.
   5. NFIniT purchased shall be delivered within [3 weeks] after the Seller's receipt of the full Purchase Price, without deductions. Purchased NFIniT shall be delivered by the Seller to the Buyer's address as notified to the Seller Buyer in the purchasing process. Upon the delivery of NFIniT, the Seller shall be deemed to have fully performed all its obligations under this Agreement and shall have no further obligations under this Agreement. You accept and agree that failure to provide a valid digital wallet address will prevent the Seller from delivering NFIniT to you.

3. INTENDED PURPOSE AND USE OF NFINIT IN THE ECOSYSTEM

   1. NFIniT is a cryptographic non-fungible token (NFT) recorded on the relevant blockchain network. The intended purpose of NFIniT is to function as a digital collectible, with certain utility functionality as described in the Sale Document.
   2. Ownership of NFIniT carries no rights, express or implied, other than the rights described in the Sale Document. In particular, the Buyer understands and accepts that NFIniT does not represent or confer any ownership right or stake, share, equity or security or equivalent rights, 3 or any right to receive future revenue, dividends, shares, Intellectual Property rights or any other form of participation or governance in or relating to the Seller or any Relevant Entity. NFIniT should not be acquired for speculative or investment purposes with the expectation of making a profit on resale.
   3. The Seller makes no warranties or representations and provides no guarantees (in each case whether express or implied) that NFIniT shall confer any actual and/or exercisable rights of use, functionality, features, purpose or attributes.

   4. The Buyer understands and accepts that NFIniT:

      1. is not a loan to any Relevant Entity;
      2. does not provide the Buyer with any ownership or other interest in the Seller, any Relevant Entity, or any other company, enterprise or undertaking, or any kind of venture;
      3. is not intended to be a representation of currency or money (whether fiat or virtual or any form of electronic money), security, commodity, bond, debt instrument, unit in a collective investment scheme or any other kind of financial instrument or investment;
      4. is not intended to represent any rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss;
      5. is not a commodity or asset that any person is obliged to redeem or purchase;
      6. is not any note, debenture, warrant or other certificate that entitles the holder to interest, dividend or any kind of return from any person;
      7. is not intended to be a security, commodity, financial derivative, commercial paper or negotiable instrument, or any other kind of financial instrument between the relevant holder and any other person, nor is there any expectation of profit; and
      8. is not an offer or solicitation in relation to gaming, gambling, betting, lotteries and/or similar services and products.

      Protections offered by applicable laws in relation to the purchase and offering of the aforementioned financial instruments and/or investments do not apply to the sale and purchase of NFIniT and neither this Agreement nor the Sale Document constitute a prospectus or offering document, and are not an offer to sell, nor the solicitation of an offer to buy any investment or financial instrument in any jurisdiction.

   5. Given that NFIniT is designed only for the particular uses as described in the Sale Document, it is not necessarily merchantable and does not necessarily have any other use or value. NFIniT is designed and sold as a useable virtual good, without any specific outlook or expectation on its merchantability or market price.
   6. NFIniT is not a consumer product and to the maximum extent permitted by law, its holders accept explicitly and agree that they are not covered by the consumer protection regulation of any jurisdiction.
   7. NFIniT does not have any tangible or physical manifestation, and does not have any intrinsic value (nor does the Seller or any other person make any representation or give any commitment as to its value).
   8. Once issued, holders of NFIniT shall not be deemed to have entered into any mutual covenants, or agreed to any rights and obligations, with other holders of NFIniT inter se.
   9. To the extent a secondary market or exchange for trading NFIniT does develop, it would be run and operated wholly independently of the Seller and the NFIniT sale. The Seller will not create such secondary markets nor will it act as an exchange for NFIniT.
   10. The Buyer acknowledges and agrees that after delivery of NFIniT to the Buyer, no Relevant Entity is under any obligation to provide any replacement NFIniT in the event any NFIniT or private key is lost, stolen, malfunctioning, destroyed or otherwise inaccessible or unusable for any reason.

4. SCOPE OF TERMS

   1. The Platform Operator is a non-custodial service provider which allows the Seller and the Buyer to interact directly in a peer-to-peer manner without any involvement or actions taken by the Platform Operator or any of its affiliates, and the platform and smart contracts does not give the Platform Operator custody, possession, or control of any NFIniT or cryptocurrency at any time.
   2. Accordingly, this legally binding Agreement for the sale of NFiniT is entered into directly between the Seller and the Buyer without the involvement of the Platform Operator.
   3. Without prejudice to the generality of the foregoing, the Platform Operator is solely an introducer and not an agent or fiduciary for any Seller or Buyer for any purpose. The Platform Operator is not responsible for the actual sale of NFiniT and does not control the information provided by the Seller or the Buyer (in particular, any information provided in the Sale Document), nor their acts or omissions. The Platform Operator is independent from the Seller and the Buyer, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the acts of the Platform Operator.
   4. When NFIniT is sold initially for the first time, the legal agreement for sale is concluded between the Seller and the Buyer, on the terms of sale as more particularly described in this Agreement. Where the initial Buyer sells NFIniT to a subsequent purchaser or such subsequent buyer further re-sells NFIniT to a further subsequent purchaser, then the Seller is not a party to any such agreement for sale between the applicable seller, purchaser or facilitator (including without limitation brokers or online platforms) in such secondary sale.

5. CANCELLATION; REFUSAL OF PURCHASE REQUESTS

   1. The Buyer's purchase of NFIniT from the Seller is final, and there are no refunds or cancellations except as may be required by applicable laws or regulations or as provided herein; and the Buyer waives any rights to be refunded any amounts which it has paid to the Seller in exchange for NFIniT or to cancel any purchase.

   2. Notwithstanding the foregoing, the Seller reserves the right to refuse or cancel any request(s) to purchase or purchases of NFIniT (as the case may be), or any part thereof, at any time in the Seller's sole and absolute discretion (without giving reasons), including without limitation the following:

      1. in connection with any failure to complete know-your-customer, anti-money laundering and counter terrorist financing checks prescribed by the Seller;
      2. in connection with a change of business or development plan of the Seller; or
      3. in connection with an adverse change of the regulatory environment.

      For the avoidance of doubt, the Seller shall not be required to notify the Buyer of the outcome of any of the Seller's customer identification, due diligence and/or anti-money laundering due diligence checks, or in any case provide reasons for unsatisfactory results of checks. In the event that the Seller refuses or cancels any request(s) to purchase NFIniT, the Purchase Price paid by the Buyer shall be rejected or refunded (as applicable) in accordance with the Seller's internal policies and procedures (if any), which shall be less (i) amounts required to be confiscated by applicable laws, (ii) fees and expenses incurred in connection with the marketing and/or development, (iii) blockchain network fees and the Seller's administrative fees for processing such transfer (not exceeding 5% of the refund amount), and (iv) the same proportion of purchased NFIniT already delivered to the Buyer. No interest will accrue on the value of any refund.

6. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

   The Buyer acknowledges and agrees that there are risks associated with purchasing NFIniT, holding NFIniT, and utilising NFIniT, as disclosed and explained in Schedule 3. BY PURCHASING NFINIT, THE BUYER EXPRESSLY ACKNOWLEDGES, ACCEPTS AND ASSUMES THESE RISKS.

7. SECURITY

   The Buyer is responsible for implementing all reasonable and appropriate measures for securing the wallet, vault or other storage mechanism used by the Buyer to receive and hold NFIniT that is purchased from the Seller, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If such private key(s) or other access credentials are lost, the Buyer may lose access to its NFIniT. The Seller is not responsible for any security measures relating to the Buyer's receipt, possession, storage, transfer or potential future use of NFIniT nor is the Seller under any obligation to recover any NFIniT and the Seller hereby excludes (to the fullest extent permitted under applicable laws) any and all liability for any security breaches or other acts or omissions which result in the Buyer's loss of (including any loss of access to) NFIniT.

8. PERSONAL INFORMATION AND DATA PROTECTION

   1. The Seller may determine, in its sole and absolute discretion, that it is necessary to obtain certain information about the Buyer in order to comply with applicable laws or regulations in connection with selling NFIniT to the Buyer. The Buyer agrees to provide the Seller with such information promptly upon request, and the Buyer acknowledges and accepts that the Seller may refuse to sell NFIniT to the Buyer until it provides such requested information and the Seller has subjectively determined that it is permissible to sell NFIniT to the Buyer under applicable laws or regulations.
   2. The Buyer hereby consents to the Seller transferring the Buyer's personal data to an Affiliate or third party service provider for processing and to recipients in countries which may not provide the same level of data protection as the Buyer's jurisdiction if necessary for the above purposes.
   3. The Seller will collect, use, process and disclose the Buyer's information and personal data for providing services and discharging of its legal duties and responsibilities, administration, customer services, crime (including tax evasion) prevention and detection, anti-money laundering, due diligence and verification of identity purposes (collectively, the Purpose). The Seller may disclose the Buyer's information to the former's service providers, agents, relevant custodians or similar third parties for these Purposes. The Seller may keep the Buyer's information for such period as may be determined by the Seller (which shall be no shorter than any mandatory period prescribed by law) to contact the Buyer about NFIniT.
   4. If the Buyer withdraws its consent to any or all use of its personal data, depending on the nature of the request, this may limit the scope of the Seller's services which the Seller is able to provide to the Buyer.
   5. The Buyer hereby consents to the Seller disclosing any of the former's information held by the Seller to any governmental or regulatory authority where, in the Seller's opinion, its interests or the interests of a Relevant Entity require disclosure (including without limitation the submission of a report of suspicious transactions/activities to the relevant authorities). The Buyer hereby agrees to hold the Seller and the Relevant Entities harmless in respect of any disclosure of information by the Seller in accordance with this Agreement. For the avoidance of any doubt, the Seller shall not be liable to the Buyer or any other person for any loss, damage or expense incurred directly or indirectly as a result of such disclosure unless such loss, damage or expense was caused by the Seller's wilful default or fraud.

9. TAXES

   The Purchase Price that the Buyer pays for NFIniT is exclusive of all applicable taxes (including without limitation obligations to pay value added, sales, use, offerings, withholding taxes, income or similar taxes). The Buyer is solely responsible for determining what, if any, taxes apply to the Buyer in connection with its purchase of NFIniT. It is also the Buyer's sole responsibility to withhold, collect, report, pay, settle and/or remit the correct taxes to the appropriate tax authorities in such jurisdiction in which the Buyer may be liable to tax. The Seller is not responsible for withholding, collecting, reporting, paying, settling and/or remitting any sales, offerings, use, value added, or similar tax arising from the Buyer's purchase of NFIniT. The Seller cannot and does not provide tax advice, and recommends that the Buyer seek appropriate professional advice in this area if required.

10. REPRESENTATIONS AND WARRANTIES

    1. By purchasing NFIniT, the Buyer represents and warrants to the Seller as follows:

       1. The Buyer has read and understood all the terms of this Agreement (including all Schedules) and the Sale Document.
       2. The Buyer has received a copy of the current Sale Document prepared in relation to NFIniT and has carefully read it. The Buyer acknowledges and consents that the Sale Document may change during the time leading up to the date of delivery to the Buyer hereunder of all NFIniT purchased (the Completion Date), and the Buyer accepts the obligation to promptly read new versions of the Sale Document, which will be made available by the Seller via the Website.
       3. The Buyer has good and sufficient experience and understanding of the functionality, usage, storage, transmission mechanisms and other material characteristics of cryptographic tokens, token storage mechanisms (such as token wallets), blockchain technology, blockchain-like technology and blockchain-based software systems to understand this Agreement and to appreciate the risks and implications of purchasing NFIniT.
       4. If the Buyer is an individual, based on applicable laws in the Buyer's jurisdiction, the Buyer is of sufficient legal age and capacity to purchase NFIniT, accept this Agreement and enter into a binding agreement with the Seller. If the Buyer is a legal person, the Buyer is duly organised, validly existing and in good standing under the laws of the Buyer's domicile and each jurisdiction where the Buyer conducts significant business or where its material assets are located.
       5. Notwithstanding the disparity of information or disadvantage between the Buyer and the Seller, the Buyer has obtained sufficient information about NFIniT to make an informed decision to purchase NFIniT. Additionally, the Buyer is aware of the Seller’s business affairs and financial condition and, based on its experience, has obtained sufficient information about the Seller to reach an informed decision to purchase NFIniT.
       6. The Buyer understands that NFIniT confers only the rights as set out in the Licence (as defined herein), and confers no other rights of any form with respect to NFIniT or the Seller or any Relevant Entity, including, but not limited to, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), right to receive accounts, financial statements or other financial data, the right to requisition or participate in shareholder meetings, the right to nominate a director or other financial or legal rights.

       7. The Buyer acknowledges that:

          1. NFIniT does not have any intrinsic value and that it may never recover any cash, cryptocurrency or other assets which are used directly or indirectly to acquire NFIniT;
          2. there is no market-standard valuation process to determine the value of NFIniT at any given time; and
          3. the Seller gives no guarantees whatsoever on the value of NFIniT which may be highly volatile and could reduce to zero.
       8. The Buyer acknowledges and agrees that the Seller may impose eligibility criteria to access certain functionality in respect of NFIniT which may require it to incur additional time and monetary costs.
       9. The Buyer's purchase of NFIniT complies with all applicable laws and regulations in the Buyer's jurisdiction, and the law and regulation of any jurisdiction to which the Buyer may be subject, including, but not limited to: (i) legal capacity and any other threshold requirements for purchasing NFIniT, using NFIniT, and entering into contracts with the Seller; (ii) any foreign exchange or regulatory restrictions applicable to such purchase; and (iii) any governmental or other consents that may need to be obtained.
       10. The Buyer's purchase of NFIniT shall be made in full compliance with any applicable tax obligations to which the Buyer may be subject in any relevant jurisdiction. The Buyer understands that it bears the sole responsibility to determine if its usage of NFIniT, the delivery of any cryptocurrency to the Buyer, the creation, ownership or use of NFIniT, the potential appreciation or depreciation in the value of NFIniT over time, the sale and purchase of NFIniT and/or any other action or transaction related to the Seller or NFIniT have tax implications (including determining what taxes may apply to the acquisition, possession, storage, sale or other use of NFIniT including, for example, sales, use, value-added and similar taxes and for complying with any obligations to withhold, collect, report and remit the correct taxes to the appropriate tax authorities in relation to its acquisition, possession, storage, sale or other use of NFIniT); by creating, holding or using NFIniT, and to the extent permitted by law, the Buyer agrees not to hold any third party (including developers, auditors, contractors or founders) liable for any tax liability associated with or arising from the creation, ownership or use of NFIniT or any other action or transaction related to the Seller (or any Relevant Entity).
       11. The Buyer is purchasing NFIniT for its own account and not purchasing on behalf of any other entity or person, and not with a view to the resale or distribution of any part thereof, or creating any pledge, lien, security interest, encumbrance, claim or equitable interest in respect of the same, and the Buyer has no present intention of selling, granting any participation in, or otherwise distributing the same, or pledging or creating any security interest in respect of the same. The Buyer does not presently have any contract, undertaking, agreement or arrangement with any person to sell, transfer or grant participation(s) to such person or to any third party with respect to any NFIniT. The Buyer has not been formed for the specific purpose of acquiring NFIniT.

       12. The Buyer acknowledges and agrees that:

           1. it is familiar with all related regulations in the specific jurisdiction in which it is based and that acquiring NFIniT (through purchase or otherwise) in that jurisdiction is not prohibited, restricted or subject to additional conditions of any kind;
           2. no regulatory authority has examined or approved of the information set out in the Sale Document or any other material in connection with NFIniT; and
           3. it will not use NFIniT if such use would constitute a public offering of NFIniT in any country or jurisdiction where action for that purpose is required.
       13. The Buyer is not a citizen, resident (tax or otherwise), domiciliary and/or green card holder or other similar certificate of residency of a country (i) where participation in token sales, whether as a purchaser or a seller, is prohibited, restricted or unauthorised by applicable laws, decrees, regulations, treaties, or administrative acts, or (ii) where it is likely that the sale of NFIniT would be construed as the sale of a security (howsoever named), financial service or investment product (each a Restricted Country)), nor is the Buyer purchasing NFIniT from any Restricted Country, nor is the Buyer an entity (including but not limited to any corporation or partnership) incorporated, established or registered in or under the laws of a Restricted Country, nor is the Buyer purchasing NFIniT on behalf of any person or entity from a Restricted Country.
       14. The Buyer is not a citizen or resident of a geographic area in which access to or participation in NFIniT is prohibited by applicable laws, decrees, regulations, treaties, or administrative acts.
       15. The execution, delivery and performance of this Agreement will not result in any violation of, be in conflict with, or constitute a default under, with or without the passage of time or the giving of notice: (i) any provision of the Buyer's constitutional documents (if applicable), (ii) any provision of any judgment, decree or order, or any agreement, obligation, duty or commitment to which the Buyer is a party, or by which the Buyer is bound, or to which any of its material assets are subject, (iii) any laws, regulations or rules applicable to the Buyer, (iv) any foreign exchange or regulatory restrictions 8 applicable to such purchase, or (v) any governmental or other consents that may need to be obtained.
       16. The contributions made to purchase NFIniT are not derived from or related to any unlawful activities, including but not limited to money laundering or terrorist financing and all applicable statutes of all jurisdictions in which the Buyer is located, resident, organised or operating, and/or to which it may otherwise be subject and the rules and regulations thereunder (collectively, the Compliance Regulations), and the Buyer will not use NFIniT to finance, engage in, or otherwise support any unlawful activities or in a manner which aids or facilitates another party in the same. To the extent required by applicable laws and regulations, the Buyer shall fully comply with all Compliance Regulations and no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving it or any of its Affiliates with respect to the Compliance Regulations is pending or, to the best of its knowledge (after due and careful enquiry), threatened.
       17. All contributions made to purchase NFIniT will be made only in the Buyer's name, from a digital wallet or bank account (as the case may be) not connected to nor located in a country or territory that has been designated as a "non-cooperative country or territory" by the Financial Action Task Force or any similar legislation.

       18. Neither the Buyer (nor any of its subsidiaries, any director or officer, or any employee, agent, or Affiliate of the Buyer or its subsidiaries as the case may be) nor any person having a direct or indirect beneficial interest in the Buyer or NFIniT being acquired by the Buyer, or any person for whom the Buyer is acting as agent or nominee in connection with NFIniT:

           1. is the subject of any sanctions administered or enforced by any country or government or international authority, including the Superintendency of Banks of Panama, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC), the US Department of State, the United Nations Security Council, the European Union, Her Majesty's Treasury, the Hong Kong Monetary Authority or the Monetary Authority of Singapore (collectively, Sanctions);
           2. is located, organised, citizen or resident in a country or territory that is, or whose government is, the subject of Sanctions;
           3. is listed in any list of sanctioned persons including those maintained under the Sanctions including the Table of Denial Orders, the Entity List, Specially Designated Nationals and Blocked Persons or the Foreign Sanctions Evaders List maintained by OFAC;
           4. is a citizen or resident of, or located in, a geographic area or country designated as "High-risk and other monitored jurisdictions" (or such other similar classification) by the Financial Action Task Force; or
           5. is directly or indirectly owned or controlled by any person subject to sub-clauses (i) to (v) above.
       19. The Buyer is not purchasing NFIniT with a view to immediate sale or in connection with any distribution, in whole or in part. The Buyer will not, directly or indirectly, transfer NFIniT except in accordance with the applicable laws and the provisions hereof. The Buyer understands that it must bear the economic risk of its purchase of NFIniT for an indefinite period of time. The Buyer understands that to the extent NFIniT is deemed to be a security under the laws of any jurisdiction in which NFIniT is to be traded or the subject of transfers, such trades or transfers of NFIniT may be restricted by such laws, and that no market exists or is expected to develop for NFIniT.
       20. The Buyer shall not sell or transfer or agree to sell to transfer (whether pursuant to any public pool or private agreement with a subsequent purchaser or otherwise) any NFIniT or rights to receive NFIniT prior to the full delivery of NFIniT hereunder.
       21. The Buyer agrees that if its country of residence or other circumstances change such that the above representations are no longer accurate, that the Buyer will immediately cease using NFIniT.

       22. The Buyer acknowledges and undertakes that it shall provide the Seller with such information as the Seller may deem necessary or appropriate in order to maintain compliance with all applicable laws including:

           1. compliance with the representations set out in this Clause 10; and
           2. to address any actual inquiries or inquiries that the Seller may expect from regulatory authorities, courts or arbitral authorities in any jurisdiction.

    2. The Seller hereby represents, warrants and covenants to the Buyer as follows:

       1. The Seller has all requisite power and authority to execute and deliver this Agreement and to carry out and perform its obligations under this Agreement.
       2. This Agreement will constitute legal, valid and binding obligations of the Seller under the governing law of this Agreement, enforceable against the Seller in accordance with its terms, save that such enforceability may be limited by applicable bankruptcy, insolvency, reorganisation, moratorium and similar laws of general application relating to or affecting creditors’ rights generally and by equitable principles (regardless of whether enforcement is sought in a proceeding in equity or at law).
       3. Upon the delivery of NFIniT and payment therefor in accordance with the provisions of this Agreement, the Buyer will acquire valid marketable title to NFIniT, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than as set forth herein.
    3. The Buyer hereby acknowledges that the Seller has entered into this Agreement in reliance upon the Buyer's representations and warranties being true, accurate, complete and non- misleading. Save as provided in Clause 10.2, the Seller makes no warranties or representations, express or implied, and provides no guarantees (in each case whether express or implied) that NFIniT shall confer any actual and/or exercisable rights of use, functionality, features, purpose or attributes, and the Buyer acknowledges that it has not relied on or been induced by any warranties or representations made by the Seller to enter into this Agreement.

    4. The Buyer hereby acknowledges and agrees that the Seller may have to procure an amendment to the functionality of NFIniT at any time in order to facilitate compliance with any legal or regulatory issues which may arise or shall be anticipated, including the following:

       1. Any actual action taken, or potential action that the Seller (in its sole discretion) expects to be taken, by a court or regulatory authority in any jurisdiction in relation to the use of NFIniT and all related matters.
       2. Any additional legal or regulatory risk mitigation in respect of the functionality of NFIniT that the Seller decides to undertake at any time.

11. DISCLAIMERS

    To the fullest extent permitted by applicable laws and except as otherwise specified in writing by the Seller, (a) NFIniT is sold on an "as is" and "as available" basis, without any warranties or representations of any kind, and the Seller expressly disclaims all implied warranties as to NFIniT, including, without limitation, implied warranties of merchantability, usage, suitability or fitness for a particular purpose, title, and non-infringement, or as to the workmanship or technical coding thereof, or the absence of any defects therein, whether latent or patent; (b) the Seller cannot and does not represent or warrant that NFIniT is reliable, current, error-free, complete, safe, meets the Buyer's expectations or requirements, or that defects in NFIniT will be corrected; and (c) the Seller cannot and does not represent or warrant that NFIniT or the delivery mechanism for NFIniT is free of security vulnerabilities, viruses, errors, failures, bugs or economic loopholes which may be exploited by third parties, or other harmful components.

12. LIMITATION OF LIABILITY

    1. To the fullest extent permitted by applicable laws: (i) in no event will the Seller be liable for any direct, indirect, special, incidental, consequential, or exemplary loss of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) arising out of or in any way related to the sale or use of NFIniT or otherwise related to this Agreement, regardless of the cause of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable basis (even if the Seller has been advised of the possibility of such losses and regardless of whether such losses were foreseeable); and (ii) in no event will the aggregate liability of the Seller, whether in contract, tort (including negligence, whether active, passive or imputed), or other legal or equitable basis, arising out of or relating to this Agreement or the use of or inability to use NFIniT, exceed the amount paid by the Buyer to the Seller for NFIniT (as denominated in USD and calculated as at the time of payment). The Buyer acknowledges and agrees that this Clause 12 reflects a reasonable allocation of risk and that the Seller would not have entered into this Agreement without these liability limitations.
    2. The limitations set forth in this Clause 12 will not limit or exclude liability for the fraud or intentional, wilful misconduct of the Seller.
    3. To the fullest extent permitted by applicable laws, the Seller shall not be liable in any way or in any event in respect of any claim under this Agreement if such claim was not made in the period commencing from the Completion Date to the date falling six (6) months after the Completion Date (such period being the Claim Period). Any claim which has been made before the expiry of the Claim Period shall, if it has not been previously satisfied in full, settled or withdrawn, be deemed to have been withdrawn and shall become fully barred and unenforceable on the expiry of the period of six (6) months commencing from the date on which such claim was made, unless proceedings in respect thereof shall have been commenced against the Seller (and for this purpose proceedings shall not be deemed to have been commenced unless they shall have been issued and served upon the Seller).
    4. For the avoidance of doubt, nothing in this Agreement shall limit the Buyer’s obligation (at law or otherwise) to mitigate its loss in respect of any claim under this Agreement, and the Buyer shall not be entitled to recover damages in respect of any claim (as the case may be) if, and to the extent that, the Buyer has already recovered damages in respect of the same fact or subject matter.

13. RELEASE

    To the fullest extent permitted by applicable laws, the Buyer releases the Seller from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to any acts or omissions of third parties. The Buyer expressly waives any rights the Buyer may have under any statute or common law principles that would otherwise limit the coverage of this release to include only those claims which the Buyer may know or suspect to exist in its favour at the time of agreeing to this release.

14. DISPUTE RESOLUTION; ARBITRATION PLEASE READ THE FOLLOWING CLAUSE CAREFULLY BECAUSE IT CONTAINS CERTAIN PROVISIONS, SUCH AS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS THE BUYER'S LEGAL RIGHTS. THIS CLAUSE REQUIRES THE BUYER TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE SELLER AND LIMITS THE MANNER IN WHICH THE BUYER CAN SEEK RELIEF FROM THE SELLER.

    1. The Parties shall cooperate in good faith to resolve any dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including with respect to the formation, applicability, breach, termination, validity or enforceability thereof (a "Dispute"). If the Parties are unable to resolve a Dispute within ninety (90) days of notice of such Dispute being received by all Parties, such Dispute shall be finally settled by Binding Arbitration (as defined below).
    2. Any Dispute not resolved within ninety (90) days shall be referred to and finally resolved by arbitration administered by arbitration administered in accordance with the international arbitration rules of the Seller's domicile (or local arbitration rules in the absence of the foregoing), as determined by the Seller, acting reasonably, which rules are deemed to be incorporated by reference in this Clause 14. The seat of the arbitration shall be the Seller's domicile. The tribunal shall consist of 1 arbitrator, who shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. The language to be used in the arbitral proceedings shall be English. The arbitration award shall be final and binding on the Parties ("Binding Arbitration"). The Parties undertake to carry out any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant Party or its assets. The Parties will each pay their respective attorneys’ fees and expenses.
    3. This Agreement and any action related thereto will be governed by the laws of the Seller's domicile, without regard to its conflict of laws provisions. Any dispute arising out of or related to this Agreement is personal to each Party and will not be brought as a class arbitration, class action or any other type of representative proceeding. The Parties agree that any claims may only be brought on an individual basis and not as a plaintiff or class member in any purported class or representative action or other proceeding in which a person attempts to resolve a dispute as a representative of another person or group of persons. Unless the Parties agree otherwise, the arbitrator may not consolidate or join more than one Person’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

15. INTELLECTUAL PROPERTY

    1. The Seller retains all right, title and interest in all of the Seller's Intellectual Property in connection with NFIniT and any element thereof. Save as provided herein, the Buyer may not use any of the Seller’s Intellectual Property for any reason.
    2. The Seller grants to the party who owns an NFIniT, for the time that party owns the NFIniT (the Term), a licence to use the NFIniT and underlying metadata or art associated with the NFIniT (the Licence) strictly in accordance with the terms of said Licence set out at the "Licence" hyperlink contained in the NFIniT metadata, and subject always to the provisions of this Agreement in force as at the date of sale or transfer of such NFIniT.

16. PUBLICITY

    Notwithstanding any of the terms herein, the Buyer hereby grants a perpetual, irrevocable, non- assignable, worldwide and royalty-free license to the Seller and each Relevant Entity to publicise or otherwise disclose the Buyer’s name, profile, logo or credentials in all marketing and communication materials or social media relating to the sale of NFIniT.

17. SEVERABILITY

    Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable laws, but if any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable in any respect under any law of any jurisdiction, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable; if such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision pursuant to this Clause 17 shall not affect or impair the validity and enforceability of the rest of this Agreement, nor the validity and enforceability of such provision or part-provision under the law of any other jurisdiction.

18. TERMINATION

    1. This Agreement shall terminate on the Completion Date. The Seller reserves the right to terminate this Agreement, in its sole discretion, in the event of a breach by the Buyer of this Agreement. Without prejudice to the generality of the foregoing, if the Purchase Price is not received by the agreed time as set out in Clause 2.4 in the designated bank account (in immediately available funds) or contribution address (as confirmed by at least forty (40) confirmations on the relevant blockchain network), as the case may be, this Agreement shall be automatically terminated unless the Seller indicates otherwise.

    2. Upon termination of this Agreement:

       1. all of the Buyer's rights under this Agreement immediately terminate;
       2. the Buyer shall not be entitled to any refund of any amount paid whatsoever, save in the case where this Agreement is terminated by the Seller without any breach by the Buyer of this Agreement; and
       3. Clauses 5, 6, 8, 10, 11, 12, 13, 14 and 15 will continue to survive and apply in accordance with their terms to the Buyer in respect of any NFIniT, together with any of the Buyer's obligations, or required performance of the Buyer under this Agreement which, by its express terms or nature and context is intended to survive expiry or termination of this Agreement.

19. CONFIDENTIALITY

    The Buyer shall hold, and shall cause its Affiliates, officers, directors, employees, accountants, counsel, consultants, advisors and agents to hold, in confidence, unless compelled to disclose by judicial or administrative process or by other requirements of law, all documents, information and correspondence concerning NFIniT or any Relevant Entity furnished to the Buyer or its Affiliates in connection with the transactions contemplated by this Agreement or any pre- contractual or post-contractual negotiations in connection therewith (including without limitation all commercial information such as the Purchase Price, number of tokens sold, discount (if any), as well as schedule for delivery of tokens), except to the extent that such information can be shown to have been (a) previously known on a non-confidential basis by the Buyer, (b) in the public domain through no fault of the Buyer, or (c) required to be disclosed pursuant to any legal, regulatory or administrative process, provided always that the Buyer may disclose such information to its officers, directors, employees, accountants, counsel, consultants, advisors and agents in connection with the transactions contemplated by this Agreement so long as such Persons are informed by the Buyer of the confidential nature of such information and are directed by the Buyer to treat such information confidentially. The Buyer shall be responsible for any failure to treat such information confidentially by such Persons. If this Agreement is terminated, the Buyer shall, and shall cause its Affiliates, officers, directors, employees, accountants, counsel, consultants, advisors and agents to, destroy or deliver at their own cost to the Seller, upon request, all documents and other materials, and all copies thereof, obtained by the Buyer or its Affiliates in connection with this Agreement that are subject to such confidence; provided, however, that no such destruction shall be required to the extent that such documents and other materials are retained pursuant to regulatory obligations or routine computer system backup procedures.

20. ASSIGNMENT AND NOVATION

    Notwithstanding anything contained herein, this Agreement and the rights and/or obligations contained herein may be assigned and/or novated without the Buyer's consent by the Seller to any Affiliate of the Seller, or to any member, officer or director of the Seller (including without limitation any assignment or novation in connection with a reincorporation to change the Seller's domicile). The Buyer hereby gives express upfront consent to any such assignment or novation by the Seller of this Agreement without the need for any additional formality, and (if advised to be appropriate by the Seller's counsel) agrees to execute all documents and/or take all steps required by the Seller in order to give effect to this Clause 20.

21. KNOW YOUR CUSTOMER AND ANTI-MONEY LAUNDERING

    1. The Seller reserves the right to conduct "Know Your Customer" and "Anti-Money Laundering" checks on the Buyer if deemed necessary by the Seller (at its sole discretion) or such checks become required under applicable laws in any jurisdiction, and conduct periodic updates of such checks as well as perform monitoring/screening on the Buyer.

    2. Notwithstanding anything herein, the Seller may, in its sole discretion, refuse to deliver NFIniT to the Buyer until such requested information is provided. The Seller reserves the right to terminate this Agreement in the event that:

       1. there is any failure to complete know-your-customer, anti-money laundering and counter terrorist financing checks;
       2. based on information available to the Seller, the Buyer is suspected of receiving funds used for the purchase of NFIniT or usage of NFIniT, in connection with any money laundering, terrorism financing, or any other illegal activity; or
       3. there is any other adverse result disclosed in connection with such checks.
    3. In addition, the Seller shall be entitled to use any possible efforts for preventing money laundering, terrorism financing or any other illegal activity, including without limitation blocking of the Buyer's digital wallet or providing information regarding the Buyer to any regulatory authority.
    4. All payments by the Buyer under this Agreement shall be made only in the Buyer's name, from a digital wallet or bank account not located in a country or territory that has been designated as a "non-cooperative country or territory" by the Financial Action Task Force, and is not a "foreign shell bank" within the meaning of the U.S. Bank Secrecy Act (31 U.S.C.§ 5311 et seq.), as amended, and the regulations promulgated thereunder by the Financial Crimes Enforcement Network, as such regulations may be amended from time to time.

22. FURTHER ASSURANCE

    Each Party shall do and execute or procure to be done and executed all such further acts, deeds, things and documents as may be necessary to give effect to the terms of this Agreement, and (so far as it is able) to provide such assistance as the other Party may reasonably request to give effect to the spirit and intent of this Agreement.

23. THIRD PARTY RIGHTS

    1. Except as otherwise provided in herein, this Agreement is intended solely for the benefit of the Buyer and the Seller, and is not intended to confer third-party beneficiary rights upon any other person or entity.
    2. Save for any Relevant Entity which shall be entitled to enforce or enjoy the benefit of the terms of this Agreement, a person who is not a party under this Agreement has no right under the laws of any applicable jurisdiction to enforce or to enjoy the benefit of any term of this Agreement.

24. COUNTERPARTS

    This Agreement may be executed in any number of counterparts, and this has the same effect as if the signatures on the counterparts were on a single copy of this Agreement.

25. COSTS

    Each Party shall pay its own costs, charges and expenses incurred by it in connection with the preparation, negotiation, execution and performance of this Agreement.

26. NON-WAIVER

    Either Party's failure or delay to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.

27. INTERPRETATION; LANGUAGE

    The language in this Agreement will be interpreted as to its fair meaning, and not strictly for or against any party. The Parties hereby acknowledge that solely for convenience this Agreement may be translated into a language other than English and that a copy of the English language version of this Agreement has been provided to each Party (which each Party has read and understands); and in the event of conflict or ambiguity between the English language version and translated versions of this Agreement, the English language version shall prevail.

28. ENTIRE AGREEMENT

    This Agreement (including the Schedules hereto and any documents and materials incorporated by reference) constitute the entire agreement between the Buyer and the Seller relating to the Buyer's purchase of NFIniT from the Seller and supersedes all prior or contemporaneous agreements and understandings (including without limitation the Sale Document or other material posted by the Seller on the Website), both written and oral, between the Parties.

29. ELECTRONIC CONSENTS

    The Buyer agrees to be bound by any affirmation, assent or agreement that the Buyer transmits to the Seller or any Relevant Entity by computer or other electronic device, including internet, telephonic and wireless devices, including, but not limited to, any consent or electronic signature the Buyer gives to receive communications from the Seller or any Relevant Entity solely through electronic transmission (including without limitation, DocuSign). The Buyer agrees that when it clicks on an “I Agree,” “I Consent,” or other similarly worded button or entry field with his, her or its mouse, keystroke or other device, such agreement or consent will be legally binding and enforceable against the Buyer and will be the legal equivalent of its handwritten signature on an agreement that is printed on paper. The Buyer agrees that the Seller or any Relevant Entity may send the Buyer electronic copies of any and all communications associated with its purchase of NFIniT.

30. MISCELLANEOUS

    The Seller may from time to time make modifications to this Agreement (at its sole discretion) which do not materially and adversely affect the rights of the Buyer, which modifications will be effectively immediately upon the Seller's notification to the Buyer. Upon incorporation of the Seller or such other Affiliate which shall sell NFIniT, the Buyer agrees that this Agreement shall be assigned, novated or otherwise transferred to the relevant Sellers' Affiliate (as the case may be), and the Buyer hereby release the signatories hereto from all obligations hereunder. The Seller will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond the Seller's reasonable control. Purchasing NFIniT from the Seller does not create any form of partnership, joint venture or any other similar relationship between the Buyer and the Seller, nor cause the Parties to be deemed acting in concert in any respect. The Buyer agrees and acknowledges that all agreements, notices, disclosures, and other communications that the Seller provides to the Buyer, including this Agreement, will be provided in electronic form.

NFINITI TERMS OF SERVICE

1. Introduction

   These Terms of Use (these "Terms") govern your access to and use of the website at https://www.nfiniti.art/ (the "Website"); including without limitation the terms of creation, purchase, sale, exchange, or modification of NFTs; our online and/or mobile services, sending or receiving messages or otherwise transacting on the Website, and software provided on or in connection with the foregoing (collectively, the "Services", which for the avoidance of doubt does not include the Creator Service). The Website is owned and operated by NFiniTi Pte. Ltd., a corporation incorporated in Singapore ("NFiniTi" "we", "us" or "our"). The marketplace platform on the Website allows creators and users to display their NFTs for viewing by others, as well as provides specially-developed smart contracts that enable creators to mint and/or sell such NFTs to buyers in a peer-to-peer manner.

   For the purpose of these Terms: "users" include visitors, buyers or sellers on the platform, while "creators" refer to issuers of NFTs. "NFTs" or “NFiniTs” refers to unique non-fungible digital tokens, implemented or created on the Ethereum blockchain network complying with the ERC-721 standard, ERC-1155 standard or other similar “non-fungible” token standard, or such other blockchain network which allows for the implementation or creation of similar non-fungible tokens (the "Relevant Blockchain Network") using smart contracts, and which is irrevocably associated with a unique Uniform Resource Identifier JSON file containing metadata such as the name, description or image file stored on IPFS or such other storage network, or specified contractual terms between the creator and the holder of the NFT regarding services to be provided by the creator and/or the underlying intellectual property. Each NFT is a unique contract between the creator and a holder of the NFT governed by the specific NFT licence terms regarding the ownership/license of the underlying intellectual property and may also include certain services to be rendered between the parties (the "Creator Service"). For example, a creator of an NFT may agree to deliver certain tangible copies of intellectual property or artwork, offer certain physical or experiential goods/services, or hold a masterclass for the NFT holder within a certain time period of the date of creation of the NFT, and subject to the creator's other terms. The creator of the NFT is free to set their own terms and NFiniTi is not a party to these terms; accordingly, notwithstanding that a user holds the NFT, NFiniTi cannot provide any guarantee, warranty or assurance regarding the authenticity, uniqueness, originality, quality, marketability, legality or value of any NFT, the underlying intellectual property, associated metadata, or any Creator Service to be performed. NFiniTi is not obliged to enforce the contractual terms between a creator and a holder of a NFT.

   This Service allows you to create, sell and purchase NFTs (as defined above) via a variety of sale mechanisms, for example fixed price sales (for primary and secondary sales of NFTs), bonding curve sales (for primary sales of NFTs), or auctions (for secondary sales of NFTs), together with additional sale mechanisms as may be introduced from time to time (in each case, the "NFiniT Sale"). You may only participate in the NFiniT Sale by linking your digital wallets on supported bridge extensions or digital wallet services such as MetaMask which allows you to purchase, store, and engage in transactions relating to digital assets. In addition to trading on the NFiniTi platform, NFTs created may be transferred or resold outside of the Website or NFiniTi ecosystem.

   ALL TRANSACTIONS INITIATED THROUGH OUR SERVICE ARE FACILITATED AND RUN BY THIRD-PARTY DIGITAL WALLET EXTENSIONS OR DIGITAL WALLET SERVICES, AND BY USING OUR SERVICES YOU AGREE THAT YOU ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY FOR THE APPLICABLE EXTENSIONS.

   NFINITI PLATFORM IS AN INTERMEDIARY PLATFORM CONNECTING USERS WHICH REQUIRE SERVICES RELATING TO NFTS. WE ARE NOT A COCREATOR, PUBLISHER OR PROMOTER OF ANY NFT, NOR ANY BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. NFINITI FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER IN THE NFINIT SALE BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF NFTS OR BETWEEN ANY USERS. All information provided by or on behalf of NFiniTi is for informational purposes only and should not be construed as professional, accounting or legal advice. Users should not take or refrain from taking any action in reliance on any information contained in these Terms or provided by or on behalf of NFiniTi. Before you make any financial, legal, or other decisions involving NFTs, you should seek independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate.

   The Website is intended for users who are at least 18 years old, or otherwise above the age of majority in your domicile. People under the age of 18 are not permitted to use the Website in any circumstances. By clicking on the "I accept" button, completing the account registration process, using our services and/or purchasing NFTs, you agree to be bound by these terms and all of the terms incorporated herein by reference. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES OR PURCHASE THE NFTS.

2. Account

   1. If you wish to receive the Services, you may obtain the access credentials to your account on the NFiniTi ("Account") by connecting your digital wallets on supported bridge extensions or digital wallet services such as Metamask, which allows you to purchase, store, and engage in transactions relating to digital assets. We may also incorporate a variety of other access credentials, for example thirdparty user account authentication and/or sign-in services such as Google, Facebook (Meta) or LinkedIn, usernames, or other email identification. By accessing your Account, you shall:

      1. provide accurate, current and complete Account information about yourself;
      2. maintain and promptly update from time to time as necessary your Account information;
      3. maintain the security of your password and accept all risks of unauthorised access to your Account and the information you provide to us;
      4. immediately notify us if you discover or otherwise suspect any security breaches related to the Service, or your Account; and
      5. not buy, sell, rent or lease access to your Account or username.

   2. NFiniTi may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalisation) of incomes obtained by criminal means, or for counteracting financing of terrorism. NFiniTi may also require you to provide additional information and documents in cases where it has reasons to believe that:

      1. Your Account is being used for money laundering or for any other illegal activity;
      2. You have concealed or reported false identification information and other details; or
      3. Transactions effected via your Account were effected in breach of these Terms.

      In such cases, NFiniTi, in its sole discretion, may pause or cancel your NFiniT Sale transactions until such additional information and documents are reviewed by NFiniTi and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, NFiniTi may refuse to provide the Content (defined in Section 3.a below) to you.

   3. Each user acknowledges and accepts that it shall be deemed to have accepted of these Terms (and any updates thereto) by checking the corresponding checkbox provided by NFiniTi or by any use that the user makes of the Services. Each user acknowledges and accepts that any contractual document binding them to NFiniTi may be drawn up in traditional handwritten form, by email with attachment of the document dated and signed in scanned form, or via an electronic signature platform such as DocuSign, in which case the user expressly acknowledges the signature via this system as entailing their full consent. Further all exchanges with NFiniTi may take place by email, and such email correspondence shall have full evidential value. The user acknowledges and accepts that the computerised data stored on NFiniTi's computer servers in reasonable conditions of security and integrity shall be irrefutably considered proof of acceptance of these Terms and proof of all exchanges between NFiniTi and the user. Consequently, unless NFiniTi's manifest error is proven by the user, the latter may not challenge the admissibility, validity, or evidential value of documents established by the aforementioned digital means on the basis of any legal provision whatsoever (including without limitation those which specify that certain documents must be in writing or signed to constitute evidence). Thus, these elements constitute evidence and, if they are produced as means of proof by NFiniTi in any dispute or other proceedings, will be admissible, valid, and enforceable in the same way, under the same conditions and with the same evidential value as any document which would be established, received, or kept in writing.
   4. By submitting personal data through our Site or Services, you agree to the terms of our Privacy Policy (available at the bottom of the website www.nfiniti.art), and you expressly consent to the collection, use and disclosure of your personal data in accordance with the Privacy Policy.

3. Ownership

   1. NFiniTi owns the Website. You acknowledge and agree that unless otherwise indicated in writing by us, NFiniTi (or, as applicable, our licensors) owns all legal right, title and interest in and to all other elements of the Website, and all intellectual property rights therein (including, without limitation, all art, designs, systems, methods, information, computer code, software, services, website design, "look and feel", organisation, compilation of the content, code, data and database, functionality, audio, video, text, photograph, graphics, and all other elements of the Website (collectively, the "Content"). You acknowledge that the Content are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Content are the copyrighted property of NFiniTi or its licensors, and all trademarks, service marks, and trade names associated with the Website or otherwise contained in the Content are proprietary to NFiniTi or its licensors. Except as expressly set forth herein, your use of the Website does not grant you ownership of or any other rights with respect to any content, code, data, or other Content that you may access on or through the Website. We reserve all rights in and to the Content that are not expressly granted to you in these Terms.

   2. You understand and agree that:

      1. your usage of the Website does not give you any rights or licenses in or to the Content (including, without limitation, our copyright in and to the associated art) other than those expressly contained in these Terms;
      2. you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialise any elements of the Content (including, without limitation, any art) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and
      3. you will not apply for, register, or otherwise use or attempt to use any NFiniTi trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.
   3. By minting an NFT via the Website, creator expressly and affirmatively grants to NFiniTi, its affiliates and successors a non-exclusive, world-wide, assignable, sublicensable, perpetual, and royalty-free license to make copies of, display, perform, reproduce, create derivative works/adaptations and distribute the NFT on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising NFiniTi or the Website or Services thereon, or any other purpose related to the NFiniTi business, including without limitation, the express right to: (i) display or perform the NFT on the Website, a third party platform, social media posts, blogs, editorials, market reports, virtual galleries, virtual environments, or to the public; and (ii) indexing, hosting, storing, distributing, or reproducing one or more copies of the NFT within any electronic database, index, catalogue, smart contracts, ledger, distributed file keeping system, node cluster, or other database (e.g., IPFS) or causing, directing, or soliciting others to do so.
   4. Creators expressly authorize NFiniTi to insert into NFiniTs or the metadata and/or intellectual property underlying NFiniTs certain technical protection measures, including without limitation the measures defined and authorized in article L.331- 5 of the French CPI as well as all technical measures of identification of such underlying intellectual property (and in particular but not exclusively to all digital marking processes) such as these measures are defined and authorized in article L 331-22 of the French CPI and this for the purpose of preventing any illicit copying, ensuring respect for the territoriality of rights and more generally ensuring respect for intellectual property rights underlying NFiniTs. At the creator's written request, NFiniTi will communicate to the creator the essential characteristics of the measures used.
   5. All user transactions that take place between users on the Website, including without limitation minting, tokenizing, purchasing, selling, listing, offering, or confirming, are facilitated via smart contracts existing on the Relevant Blockchain Network, and are initiated, managed and confirmed via such Relevant Blockchain Network at the complete risk of users. You understand that your public address will be made publicly visible whenever you engage in a transaction with other users on the Website. NFiniTi neither owns nor controls the Relevant Blockchain Network or any supported bridge extension or digital wallet service, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Website.
   6. You accept and acknowledge that NFTs function solely as a record of authenticity and ownership on the Relevant Blockchain Network, so ownership of the NFT by a user does not automatically mean ownership of any associated intellectual property. Each NFT purchased may include intellectual property elements provided by third parties that are subject to separate ownership and/or license terms set out in the specific NFT licence terms corresponding to such NFT (which shall be made available to you prior to or at the point where payment is made for such NFT), in which case those terms will govern such intellectual property rights. NFiniTi is not a party to the agreement between the holder and the creator of a NFT, and the creator is free to set their own terms in respect of the intellectual property rights associated with a NFT as well as any services to be performed (where applicable).
   7. Neither the creator nor NFiniTi permits the fractionalisation of NFTs, whereby multiple fractions, each representing a share in the whole NFT, whether or not such fractions are tradeable, are created via interactions with smart contracts deployed on any Blockchain Network or other technical tool.

4. License to Access and Use the Content

   1. You are hereby granted a personal, limited, non-exclusive, non-transferable, nonsublicensable, royalty-free, license to access and use the Content for the purpose of the Services (including the right to utilise the NFiniTi name solely to reference your usage of the NFiniTi platform); provided, however, that such license is subject to these Terms and does not include any right to:

      1. sell, resell or use commercially the Services or Content;
      2. distribute, publicly perform or publicly display any Content;
      3. modify or otherwise make any derivative uses of the Services or Content, or any portion thereof;
      4. use any data mining, robots or similar data gathering or extraction methods; or
      5. download (other than page caching) any portion of the Services or Content, except as expressly permitted by us.
   2. In particular, each user is granted a personal, limited, non-exclusive, nontransferable, non-sublicensable licence to utilise the platform's speciallydeveloped template smart contracts in order to create their own digital wallet associated with their Account and/or NFiniT(s) issued or held.
   3. The NFT licence terms regarding the ownership/license of underlying intellectual property for NFiniT(s) issued by creators on the platform are set out by hyperlinks available in the description of the content of each NFiniT in the website www.nfiniti.art
   4. The buyer of a NFT shall only use the NFT and all underlying intellectual property (including all description narrative and/or contents of any kind posted in association with the sale of said NFT) as specifically shown in the design and/or metadata for the NFT, strictly with no modification whatsoever (in this regard, changes in format, size, colour, translation, etc are prohibited) save for that strictly required to effect the underlying intellectual property license.
   5. NFiniTi and each user of the Services shall procure that the name of the creator of the underlying intellectual property for the relevant NFT shall appear in clear and visible characters in association with said intellectual property, in all uses subject only to technical limitations (acknowledged by the creator) including without limitation those relating to virtual environments where it may not be technically feasible to allow such name to be indicated.

5. Role of NFiniTi; Third-Party NFTs

   1. The role of NFiniTi is expressly limited to making the Website and platform available, and maintaining it for users to engage directly in a peer-to-peer manner. NFiniTi is solely an introducer and not an agent or fiduciary for any creator or buyer for any purpose. NFiniTi is not responsible for the actual sale of any digital artwork and does not control the information provided by creators, buyers or users, nor their acts or omissions. NFiniTi is independent from creators, buyers or users, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the operation of the Website, platform or Services.
   2. Only creators or users approved by NFiniTi may mint and/or sell NFTs via the Website. By minting or listing a NFT, users expressly represent and warrant that the NFT and any underlying intellectual property (i) is an original creation in respect of which such user solely owns or has lawfully acquired all intellectual property rights (including without limitation all copyright, authorship rights, image and privacy rights) to fully commercialise and/or exploit the same, (ii) does not infringe the intellectual property rights of any party, (iii) does not include unlicensed or unauthorised copyrighted content, (iv) does not violate any agreement, contract, or obligation owed to a third-party, and (v) had been created in compliance with all applicable legal, regulatory and tax requirements of all applicable jurisdictions. Once a NFT (or series thereof) has been minted in respect of any underlying intellectual property, creators shall not mint any other NFT, digital token or digital collectible in respect of the same intellectual property, save with the prior written consent of NFiniTi. Notwithstanding that the smart contracts on NFiniTi allow creators to mint NFTs associated with intellectual property associated with such creators, creators acknowledge that they remain fully responsible as creator and issuer of the NFT for all claims and risks associated with the NFT, any underlying intellectual property, or the Creator Service (if any), including without limitation ensuring full compliance with commercial import/export and customs requirements, income tax and sales tax requirements, “Droit de Suite” fees, royalties, and requirements (where applicable), as well as all other applicable laws and regulations. Creators shall fully indemnify NFiniTi for any losses in connection with the creator's breach of the foregoing.
   3. The Website, platform and Services facilitate the trading of NFTs between users, but neither NFiniTi nor any affiliate acts as the custodian of any NFT on the platform. You understand and acknowledge that NFiniTi is a non-custodial service provider which allows users to interact directly in a peer-to-peer manner without any involvement or actions taken by NFiniTi or any third-party; accordingly the platform and smart contracts do not give NFiniTi custody, possession, or control of any NFT or cryptocurrency at any time.
   4. In particular, the legally binding contract for each NFiniT Sale is concluded directly between users (i.e. between a buyer and a seller (including creator) of NFTs). The legality of, enforceability of and regulatory restrictions applicable to such contracts depend on numerous variables, including without limitation each respective party's country of residence, the country of origin of the NFTs and underlying intellectual property, and the mode of payment for such NFTs. Users are responsible for understanding and ensuring that the sale of NFT is executed in accordance with all national and/or international laws and standards applicable to each NFiniT Sale. NFiniTi cannot assume any responsibility for NFiniT Sales, the underlying transaction of funds, or the actions or identity of any user to such a contract. Any disputes regarding the NFT, terms of sales or payment/refunds shall be solely between users.
   5. References, links or referrals to or connections with or reliance on third-party resources, products, services or content, including smart contracts developed or operated by third parties, may be provided to you in connection with the NFTs. In addition, third parties may offer promotions related to the NFTs. NFiniTi does not endorse or assume any responsibility for any activities of or resources, products, services, content or promotions owned, controlled, operated or sponsored by third parties. If you access any such resources, products, services or content or participate in any such promotions, you do so solely at your own risk. You hereby expressly waive and release NFiniTi from all liability arising from your use of any such resources, products, services or content or participation in any such promotions. You further acknowledge and agree that NFiniTi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such resources, products, services, content or promotions from third parties.

6. User Conduct

   1. You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct, while accessing or using the Services or participating in the NFiniT Sale. You agree that you will abide by these Terms and will not:

      1. Employ any device, scheme or artifice to defraud, or otherwise materially mislead, NFiniTi or any user of the Website, including by impersonating or assuming any false identity
      2. Use or attempt to use another user’s Account without authorisation from such user and NFiniTi;
      3. Pose as another person or create a misleading username;
      4. Create, buy, sell or use any NFT that infringes or in a manner infringing the copyright, trademark, patent, trade secret or other intellectual property or other proprietary rights of others, or upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws (including, copyright or trademark laws) or rights of privacy or publicity unless you own or control the rights thereto or has received all necessary consent to do the same, or breach any other laws relating to services to be performed;
      5. Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
      6. Develop, utilise, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service;
      7. Engage or attempt to engage in or assist any hack of or attack on the Website, including any “sybil attack”, “DoS attack” or “griefing attack” or theft of NFTs or digital assets, or upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property or interfere with the NFTs;
      8. Reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service;
      9. Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Services that you are not authorised to access;
      10. Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorised by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
      11. Use data collected from our Service to contact individuals, companies, or other persons or entities;
      12. Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
      13. Bypass or ignore instructions that control all automated access to the Service;
      14. Use the Services for any illegal or unauthorised purpose, or engage in, encourage or promote any activity that violates these Terms or the terms of use of any NFTs;
      15. Use the Relevant Blockchain Network to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Relevant Blockchain Network, or the Service;
      16. Engage in wash trading or other deceptive or manipulative trading activities;
      17. Place misleading bids or offers;
      18. Use the Services to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments;
      19. Use the Services to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners rights to participate in an ICO or any securities offering, or assets that entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts; or
      20. Use the Services or the Website by or on behalf of a competitor of NFiniTi or competing platform or service for the purpose of interfering with the NFTs on the Website or to obtain a competitive advantage.

   2. NFiniTi shall have the right, but not the obligation, to monitor the content of the NFTs, to determine compliance with these Terms and any operating rules established by NFiniTi and to satisfy any law, regulation or authorised government request. NFiniTi shall have the right in its sole discretion to edit, refuse to post or remove any listings on the Website or material submitted to or posted in connection with the NFTs. Without limiting the foregoing, NFiniTi shall have the right to remove any material that NFiniTi, in its sole discretion, deems inappropriate, disruptive, or illegal, including material that:

      1. violates international intellectual property laws or other laws relating to services to be performed
      2. promotes suicide or self-harm;
      3. incites hate or violence against others;
      4. degrades or doxes another individual;
      5. depicts sexually suggestive situations;
      6. promotes or is associated with any form of gambling, betting, or wagering (howsoever named);
      7. relates to known terrorist organisations (as listed by any regulatory authority in any jurisdiction or global watchlist); or
      8. NFiniTi reasonably believes to be stolen assets, assets taken without authorisation or otherwise illegally obtained assets.
   3. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to post any listings or list any NFTs for sale on the Website. NFiniTi reserves the right to remove listings without prior notice. NFiniTi will take down listings or NFTs in response to formal infringement claims and will terminate a user's access to the Services if the user is determined to be a repeat infringer.
   4. If you become aware of the creation, listing, or buying of assets in violation of any of the terms specified in this Section 6, you are required to report it to us.
   5. For French users: IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 221-25 OF THE FRENCH CONSUMER CODE, EACH USER EXPRESSLY DECLARES, BY ACCEPTANCE HEREOF, THAT THEY WAIVE THE EXERCISE OF THEIR RIGHT OF WITHDRAWAL SO THAT THE GOODS OR SERVICES CAN BE PROVIDED IMMEDIATELY.

7. Fees, Commissions, Royalties and other Charges

   1. You shall pay to NFiniTi all service fees and other charges ("Fees") determined from time to time in the sole discretion of NFiniTi in connection with the creation, purchase, sale or transfer of NFTs, whether in respect of a primary or secondary sale, as well as any fees for enforcing via automated smart contracts the contractual terms between a creator and a holder of a NFT.
   2. In addition, all transactions on the Website which require interaction with the Relevant Blockchain Network will require "gas" fees to be paid to third-party miners/validators on such Relevant Blockchain Network as consideration for their services in confirming such blockchain transactions, which shall be borne by you.
   3. For primary sales of NFTs, 85% of the sale price will be paid to creators, while 15% will be paid to NFiniTi as fees. If the secondary sales platform used allows it, and the buyer applies it, secondary sales will be subject to 7.5% royalties (5% paid to creators, while 2.5% will be paid to NFiniTi). If NFiniTi activates a secondary market place function, all transactions on this marketplace will further include 1.5% transaction fees.
   4. All Fees, commissions or royalties must be paid in the amounts and in the manner notified to you via a checkbox prior to confirming any transaction.

   5. Without prejudice to the generality of the provisions of this Section 7:

      1. Transaction marketplace fees will be collected on all sales.
      2. Fees for primary sales will be automatically calculated by the platform on each transaction and will automatically distributed (minus any percentage allocated to a charity, if applicable) between the Creator’s wallet and the Website’s operating wallet.
      3. Royalties for secondary sales will be collected by the Website’s operating wallet and redistributed quarterly or at another frequency back to the Creator.
      4. Fees, Commissions, Royalties and other Charges may be adjusted from time to time according to the Company’s business plan following a notice period of 30 days. Such changes will not apply retroactively and will only apply to new sales.
      5. Fees payable in respect of primary sales may be reduced on a case by case basis for marketing purposes.
   6. All transactions relating to the creation, purchase, sale or transfer of NFTs on the Website are final. All Fees, "gas" fees, commissions or royalties paid are nonrefundable except at the sole discretion of NFiniTi.
   7. Any Creator Service provided shall not be merchantable, nor will it have any use, value or market price.

8. Indemnification

   To the fullest extent permitted by applicable law, each creator, purchaser or user agrees agree to indemnify, defend and hold harmless NFiniTi, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the "Indemnified Parties"), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, "Claims"), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services or NFTs, (b) any feedback you provide, (c) breach of any intellectual property rights associated with NFTs, (d) your violation of these Terms, and (e) your violation of the rights of a third party.

9. Disclaimers

   THE SERVICE, CONTENT CONTAINED THEREIN, AND NFTS LISTED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AT YOUR SOLE RISK WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. NFINITI (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT: (A) THE SERVICES OR NFTS WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES OR NFTS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE SERVICES OR NFTS WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE; (D) THE WEBSITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE WEBSITE, OR THE NFTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (E) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE WEBSITE WILL BE SECURE, AND 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 WILFUL DEFAULT. 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.

   TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE WEBSITE AND ANY NFTs THEREON (OR ANY PART HEREOF), INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY.

10. Assumption of Risk

    You accept and acknowledge:

    1. Notwithstanding that NFiniTi endeavours to select, organise, and present NFTs available on the platform, it has no responsibility for the NFTs which are created or traded by users of the Website and does not investigate the NFTs, and so it cannot provide any guarantee, warranty or assurance regarding the authenticity, uniqueness, originality, quality, marketability, legality or value of any NFT, the underlying intellectual property, associated metadata, or any services to be performed. In the absence of an express legal agreement between the creator of a NFT and purchasers of the NFT, there cannot be any guarantee, warranty or assurance that the purchase or holding of the NFT confers any license to or ownership of the associated metadata or other third party intellectual property, or any services associated with the NFT or any other right or entitlement, notwithstanding that User may rightfully own or possess the NFT associated with such third party intellectual property. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF NFTS THAT YOU PURCHASE ON NFINITI. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, NFINITI MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE PLATFORM.
    2. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the NFTs, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of NFTs will not lose money.
    3. You are solely responsible for determining what, if any, taxes apply to your NFTs transactions. NFiniTi is not responsible for determining the taxes that apply to NFiniTi transactions.
    4. Our Service does not store, send, or receive NFTs. This is because NFTs exist only by virtue of the ownership record maintained on the Relevant Blockchain Network. Any creation or transfer of title that might occur in any NFT occurs on the Relevant Blockchain Network, and not in connection with the Services. NFiniTi cannot guarantee that it, or any party can effect the transfer of such title or right any NFTs.
    5. NFTs and any associated transfers or marketplaces for the same utilise smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, and decentralized or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky. There are risks associated with utilising or interacting with digital assets, 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 unauthorised access to information stored within your wallet. You accept and acknowledge that NFiniTi will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the NFTs, however caused.
    6. There may be various vulnerabilities, failures or abnormal behaviour of software or NFTs (e.g., wallet, smart contracts for minting or transfer of NFTs), or relating to the relevant Blockchain Network, and NFiniTi cannot be responsible for any losses in connection with the same, including without limitation any losses in connection with (i) user error, such as forgotten passwords or incorrectly construed smart contracts or other transactions, (ii) server failure or data loss, (iii) corrupted wallet files, or (iv) unauthorised access or activities by third parties, including but not limited to the use of viruses, phishing, brute-forcing or other means of attack against the Website, the relevant Blockchain Network, or your digital wallet.
    7. 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 NFTs.
    8. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the NFiniT Sale and/or Service and the utility of NFTs.
    9. The Services will rely on third-party supported bridge extensions or digital wallet services to perform the transactions for the NFiniT Sale. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favour or is unavailable for a prolonged period of time, access to and use of the Services will suffer.
    10. There are risks associated with purchasing user generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. NFiniTi reserves the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on NFiniTi. Under no circumstances shall the inability to view your assets on the NFiniTi platform serve as grounds for a claim against NFiniTi.

11. Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NFINITI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICE, NFTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DIGITAL ASSETS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF NFINITI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE ENTIRELY AT YOUR OWN DISCRETION AND RISK.

    NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SAVE IN THE CASE OF PERSONAL INJURY OR DEATH OR WHERE NFINITI'S GROSS NEGLIGENCE OR WILFUL MISCONDUCT HAS CAUSED PROVEN DIRECT DAMAGE, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF NFINITI ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICE, THE WEBSITE OR NFTS EXCEED THE AMOUNT OF FEES ACTUALLY PAID TO NFINITI IN RESPECT OF SERVICES PROVIDED TO YOU (WHICH FOR THE AVOIDANCE OF DOUBT DOES NOT INCLUDE THE PURCHASE PRICE OF NFTS THAT ARE PAID TO THE SELLER).

    Users are required to initiate any procedure for claims in connection with these Terms or the Services within twelve (12) months from the date when the damage was suffered.

    Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

12. Modifications to the Service

    We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) or suspend or discontinue the NFiniT Sale at any time and without liability therefore.

13. Governing Law and Venue

    1. These Terms, your access to and use of the Services and Content, and your participation in the NFiniT Sale shall be governed by and construed and enforced in accordance with the laws of Singapore, without regard to conflict of law rules or principles of any jurisdiction that would cause the application of the laws of any other jurisdiction that would cause the application of the laws of any other jurisdiction.
    2. The relationship between a holder of NFiniT and the creator of such NFiniT (as well as any dispute or claim relating thereto) shall be governed solely by the governing laws as prescribed in the relevant NFT licence terms regarding the ownership/license of the underlying intellectual property, in each case without regard to conflict of law rules or principles of any jurisdiction that would cause the application of the laws of any other jurisdiction that would cause the application of the laws of any other jurisdiction.

14. Dispute Resolution; Arbitration.

    1. Please read the following arbitration agreement in this Section 14 (this "Arbitration Agreement") carefully. It requires you to arbitrate disputes with NFiniTi and limits the manner in which you can seek relief from us.
    2. You agree that any dispute or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with NFiniTi, will be resolved by binding arbitration, rather than in court, except that NFiniTi may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
    3. Any Dispute arising out of or in connection with these Terms or any of the transactions contemplated in connection with the same (including without limitation the enforceability of this Section 14 or any question regarding its existence, validity or termination) shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this Section 14. The seat of the arbitration shall be Singapore. The tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    4. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
    5. Any dispute or claim between a holder of NFiniT and the creator of such NFiniT shall be resolved in accordance with the dispute resolution process prescribed in the relevant NFT licence terms regarding the ownership/license of the underlying intellectual property.

15. Termination

    1. You may terminate these Terms at any time by discontinuing your access to and use of the Website. To the fullest extent permitted by applicable law, you will not receive any refunds if these Terms are terminated in any circumstances. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) on the Website.
    2. You agree that any suspension or termination of your access to the Website may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the Website due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Website or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.

16. Severability

    Should any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable in any respect under any law of any jurisdiction, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable; if such modification is not possible, the relevant provision or partprovision shall be deemed deleted. Any modification to or deletion of a provision or part-provision pursuant to this Section 16 shall not affect or impair the validity and enforceability of the rest of these Terms, nor the validity and enforceability of such provision or part-provision under the law of any other jurisdiction.

17. Survival

    The following Sections will survive the expiration or termination of these Terms and the termination of your Account: all defined terms and Sections 1 to 3 and 5 to 15.

18. Miscellaneous

    1. These Terms constitute the entire legal agreement between you and NFiniTi relating to your access to and use of the Services and Content, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the Website, whether oral or written.
    2. There are no third party beneficiaries to these Terms. These Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
    3. The parties are independent contractors, and nothing in these Terms create any agency, partnership, joint venture or any similar relationship, nor cause the parties to be deemed acting in concert in any respect.
    4. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.
    5. You may not assign any or your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. Notwithstanding anything contained herein, we may assign our rights and obligations under these Terms in our sole discretion (without your consent) to an affiliate for any reason, including without limitation any assignment or novation in connection with a reincorporation to change NFiniTi's domicile.
    6. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision.
    7. NFiniTi will not be liable for any failure or delayed performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labour conditions, power failures, Internet disturbances, or acts or omissions of third parties.
    8. NFiniTi reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the "Last Updated" date at the end of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you may not access or use the Services.

NFINITI PRIVACY POLICY

We recognise our responsibilities in relation to the collection, holding, processing, use and/or transfer of personal data. Your privacy is of utmost importance to us.

This policy (the Policy) outlines how we collect, use, store and disclose your personal data. Please take a moment to read about how we collect, use and/or disclose your personal data so that you know and understand the purposes for which we may collect, use and/or disclose your personal data. By accessing the website at www.NFiniTi.art and any sub-domains (the Website), you agree and consent to NFiniTi Pte. Ltd. (the Company), its related corporations, business units and affiliates, as well as their respective representatives and/or agents (collectively referred to herein as NFiniTi, us, we or our), collecting, using, disclosing and sharing amongst themselves the personal data, and to disclosing such personal data to relevant third party providers. This Policy supplements but does not supersede nor replace any other consent which you may have previously provided to us nor does it affect any rights that we may have at law in connection with the collection, use and/or disclosure of your personal data. We may from time to time update this Policy to ensure that this Policy is consistent with our future developments, industry trends and/or any changes in legal or regulatory requirements. Subject to your rights at law, the prevailing terms of this Policy shall apply. For the avoidance of doubt, this Policy forms part of the terms and conditions governing your relationship with us and should be read in conjunction with such terms and conditions.

The security of your personal data is important to us. At each stage of data collection, use and disclosure, NFiniTi has in place physical, electronic, administrative and procedural safeguards to protect the personal data stored with us. However, do note that no transmission of personal data over the internet can be guaranteed to be 100% secure – accordingly and despite our efforts, NFiniTi cannot guarantee or warrant the security of any information you transmit to us, or to or from our online services. NFiniTi shall not have any responsibility or liability for the security of information transmitted via the internet.

This Policy describes how NFiniTi may collect, use, disclose, process and manage your personal data, and applies to any individual’s personal data which is in our possession or under our control.

1. What personal data is collected by NFiniTi

   "Personal data" means data, whether true or not, about an individual who can be identified (i) from that data, or (ii) from that data and other information to which the organisation has or is likely to have access. Some examples of personal data that NFiniTi may collect are:

   1. personal particulars (e.g. name, alias(es), gender, contact details, residential address, date of birth, identity card/passport details, social media handles and other social media profile information, and/or education details);
   2. e-mail address;
   3. specimen signature(s);
   4. tax and insurance information;
   5. information about your use of our services and Website, and specific user interactions with the Website such as features utilised, areas visited or clicked on, and time spent;
   6. usernames and password, third party account credentials (such as your Facebook login credentials, Google login credentials), Internet Protocol address, and geographical location;
   7. browser type and version, operating system used by the accessing system, internet service provider of the accessing system, the website from which an accessing system reaches our website (i.e. "referrers"), location of access, or other similar data and information;
   8. behaviour such as pages (and sub-page) visited, time and date of your visit, time spent on each page, and other diagnostic data;
   9. information or details regarding digital assets held;
   10. particulars of digital wallet addresses (including transactions performed by said digital wallet addresses), public cryptographic key relating to digital wallet addresses on distributed ledger networks and/or similar information; and/or
   11. personal opinions made known to us (e.g. feedback or responses to surveys).

   Personal data may be collected when you interact with our services or use the Website, or may be received by NFiniTi from third-party databases or service providers that provide business information.

   To the extent permitted by law, we may also obtain other information about you such as contact information, change of address or demographic information from commercially available sources.

2. Personal data and the Blockchain

   Blockchain technology, also known as distributed ledger technology (DLT), is at the core of our business. Blockchains are decentralized and made up of digitally recorded data in a chain of packages called "blocks". The manner in which these blocks are linked is chronological, meaning that the data is very difficult to alter once recorded. Since the ledger may be distributed all over the world (across several "nodes" which usually replicate the ledger) this means there is no single person making decisions or otherwise administering the system (such as an operator of a cloud computing system), and that there is no centralized place where it is located either.

   Accordingly, by design, a blockchain’s data cannot be changed or deleted and is said to be "immutable". This may affect your ability to exercise your rights such as your right to erasure ("right to be forgotten"), or your rights to object or restrict processing of your personal data. Data on the blockchain cannot be erased and cannot be changed. Although smart contracts may be used to revoke certain access rights, and some content may be made invisible to others, it is not deleted.

   In certain circumstances, in order to comply with our contractual obligations to you (such as delivery of tokens or provision of other services) it will be necessary to collect certain personal data, such as your wallet address, onto the blockchain; this is done through a smart contract and requires you to execute such transactions using your wallet’s private key.

   The ultimate decisions to (a) transact on the blockchain using your wallet address, as well as (b) share the public key relating to your wallet address with anyone (including us) rests with you. IF YOU WANT TO ENSURE YOUR PRIVACY RIGHTS ARE NOT AFFECTED IN ANY WAY, YOU SHOULD NOT TRANSACT ON BLOCKCHAINS AS CERTAIN RIGHTS MAY NOT BE FULLY AVAILABLE OR EXERCISABLE BY YOU OR US DUE TO THE TECHNOLOGICAL INFRASTRUCTURE OF THE BLOCKCHAIN. IN PARTICULAR THE BLOCKCHAIN IS AVAILABLE TO THE PUBLIC AND ANY PERSONAL DATA SHARED ON THE BLOCKCHAIN WILL BECOME PUBLICLY AVAILABLE.

3. Purposes for collection, use and disclosure of your personal data

   NFiniTi may collect, use and/or disclose your personal data for its legitimate interests or business purposes, including operations for these purposes. These may include, without limitation, the following:

   1. developing and providing facilities, products or services (whether made available by us or through us) or your participation in interactive features of our services, including without limitation:

      1. services for the creation, purchase, sale, exchange, or modification of non- fungible tokens (NFTs), sending or receiving messages or otherwise transacting on the Website
      2. acting as intermediaries through any blockchain, network or platform;
      3. recording and/or encryption on any blockchain, network or platform;
      4. promoting advertisements or marketing material, whether from us or third parties;
      5. various products and/or services (whether digital or not, and whether provided through an external service provider or otherwise);
      6. providing, managing or accessing digital wallets for holding digital assets or NFTs;
      7. making payments for participation in any blockchain, network or platform developed or managed by us (as applicable);
      8. any escrow, courier, anti-counterfeiting, cyber-security or dispute resolution services;
      9. carrying out research, planning and statistical analysis;
      10. trouble-shooting, technical maintenance and bug fixes; and/or
      11. analytics for the purposes of developing or improving our products, services, security, service quality, staff training, and advertising strategies;
   2. assessing and processing applications, instructions, transactions, or requests from you or our customers;
   3. communicating with you, including providing you with updates on changes to services or products (whether made available by us or through us) including any additions, expansions, suspensions and replacements of or to such services or products and their terms and conditions;
   4. managing our infrastructure and business operations and complying with internal policies and procedures;
   5. responding to queries or feedback;
   6. addressing or investigating any feedback, queries, complaints, claims or disputes in connection with the services;
   7. verifying your identity for the purposes of providing facilities, products or services, which would require comparison of your personal information against third party databases and/or provision of such information to third party service providers;
   8. conducting credit checks, screenings or due diligence checks as may be required under applicable law, regulation or directive;
   9. complying with all applicable laws, regulations, rules, directives, orders, instructions and requests from any local or foreign authorities, including regulatory, governmental, tax and law enforcement authorities or other authorities;
   10. monitoring products and services provided by or made available through us;
   11. financial reporting, regulatory reporting, management reporting, risk management (including monitoring credit exposures, preventing, detecting and investigating crime, including fraud and any form of financial crime), audit and record keeping purposes;
   12. enabling any actual or proposed assignee or transferee, participant or sub-participant of NFiniTi's rights or obligations to evaluate any proposed transaction;
   13. enforcing obligations owed to us, protecting our rights or property, and protecting against legal liability; and/or
   14. seeking professional advice, including legal or tax advice.

   We may also use personal data for purposes set out in the terms and conditions that govern our relationship with you or our customer.

4. eKYC

   For certain product offerings, NFiniTi may engage and authorise certain third party service providers of electronic know-your-client (eKYC) services for identity verification, processing of identity documentation, collection of due diligence documentation, and/or transaction monitoring.

   Under these arrangements, personal data may be provided to such eKYC service providers through the submission of information, forms, documents or media files (in whatever format) through an upload to online platforms operated by such eKYC service providers. The eKYC process may be automated, semi-automated or performed by a human.

   The result of the eKYC process as well as all personal data provided to eKYC service providers will be made available solely to NFiniTi and will not be shared with any other external parties. All eKYC service providers shall be required to ensure that the eKYC solution is secure and robust to protect personal data from unauthorised access, use and disclosure at all times.

5. Use of personal data for marketing purposes

   We may use your personal data to offer you products or services, including special offers, promotions, contests or entitlements that may be of interest to you or for which you may be eligible. Such marketing messages may be sent to you in various modes including but not limited to electronic mail, direct mailers, short message service, telephone calls, facsimile and other mobile messaging services. In doing so, we will comply with all applicable data protection and privacy laws.

   In respect of sending telemarketing messages to your telephone number via short message service, telephone calls, facsimile and other mobile messaging services, please be assured that we shall only do so if we have your clear and unambiguous consent in writing or other recorded form to do so or if you have not otherwise made the appropriate registration of that number with the Do Not Call Registry. If we have an ongoing relationship with you and you have not indicated to us that you do not wish to receive telemarketing messages sent to your telephone number, we may send you telemarketing messages to that number related to the subject of our ongoing relationship via short message service, facsimile and other mobile messaging services (other than a voice or video call).

   You may at any time request that we stop contacting you for marketing purposes via selected or all modes.

   To find out more on how you can change the way we use your personal data for marketing purposes, please contact us.

   Nothing in this Policy shall vary or supersede the terms and conditions that govern our relationship with you.

6. Disclosure and sharing of personal data

   We may from time to time and in compliance with all applicable laws on data privacy, disclose your personal data to any personnel of NFiniTi, group entities, or to third parties (including without limitation banks, financial institutions, credit card companies, credit bureaus and their respective service providers, companies providing services relating to insurance and/or reinsurance to us, and associations of insurance companies, agents, contractors or third party service providers who provide services to us such as telecommunications, information technology, payment, data processing, storage and archival, and our professional advisers such as our auditors and lawyers, and regulators and authorities), located in any jurisdiction, in order to carry out the purposes set out above. Please be assured that when we disclose your personal data to such parties, we will disclose only the personal information that is necessary to deliver the service required, and will also require them to ensure that any personal data disclosed to them are kept confidential and secure.

   For more information about the third parties with whom we share your personal data, you may, where appropriate, wish to refer to the agreement(s) and/or terms and conditions that govern our relationship with you or our customer. You may also contact us for more information (please see section 11 below).

   We wish to emphasise that NFiniTi does not sell personal data to any third parties and we shall remain fully compliant of any duty or obligation of confidentiality imposed on us under the applicable agreement(s) and/or terms and conditions that govern our relationship with you or our customer or any applicable law.

   You are responsible for ensuring that the personal data you provide to us is accurate, complete, and not misleading and that such personal data is kept up to date. You acknowledge that failure on your part to do so may result in our inability to provide you with the products and services you have requested. To update your personal data, please contact us (please see section 11 below for contact details). Where you provide us with personal data concerning individuals other than yourself, you are responsible for obtaining all legally required consents from the concerned individuals and you shall retain proof of such consent(s), such proof to be provided to us upon our request.

   We may transfer, store, process and/or deal with your personal data in any jurisdiction, and accordingly such personal data may be transferred to computers, servers or hardware located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction. NFiniTi will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy and no transfer of your personal data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information (including without limitation the Standard Contractual Clauses approved by the European Commission). Your consent to this Policy followed by your submission of such information represents your agreement to the transfer of personal data as described herein.

7. Cookies and related technologies

   The Website uses cookies. A cookie is a small text file placed on your computer or mobile device when you visit a Website or use an app, which may include an anonymous unique identifier. Cookies collect information about users and their visit to the Website or use of the app, such as their Internet protocol (IP) address, how they arrived at the Website (for example, through a search engine or a link from another Website), how they navigate within the Website or app, browser information, computer or device type, operating system, internet service provider, website usage, referring/exit pages, platform type, date/time stamp, number of clicks, ads viewed, and how they use our services. We use cookies and other technologies to facilitate your internet sessions and use of our apps, offer you customised products and/or services according to your preferred settings, display features and services which might be of interest to you (including ads on our services), track usage of our websites and apps, to compile statistics about activities carried out on our websites, and to hold certain information. Examples of cookies which we use include, without limitation, Session Cookies to operate our service, Preference Cookies to remember your preferences and various settings, as well as Security Cookies for security purposes.

   You may set up your web browser to block cookies from monitoring your website visit. You may also remove cookies stored from your computer or mobile device. However, if you do block cookies you may not be able to use certain features and functions of our Website.

   We further utilise a variety of other similar tracking technologies, including without limitation beacons, tags, and scripts to collect and track information and to improve and analyse our services.

8. Other web sites

   Our websites may contain links to other websites which are not maintained by NFiniTi. This Policy only applies to the websites of NFiniTi. When visiting these third party websites, you should read their privacy policies which will apply to your use of such websites.

9. Retention of personal data

   Your personal data is retained as long as the purpose for which it was collected remains and until it is no longer necessary for any legal or business purposes. This enables us to comply with legal and regulatory requirements or use it where we need to for our legitimate purposes, such as transfers of digital assets, and dealing with any disputes or concerns that may arise.

   We may need to retain information for a longer period where we need the information to comply with regulatory or legal requirements or where we may need it for our legitimate purposes (e.g. to help us respond to queries or complaints, fighting fraud and financial crime, responding to requests from regulators etc).

   When we no longer need to use personal data, we will remove it from our systems and records and/or take steps to anonymise it so that you can no longer be identified from it.

10. Queries, Access/Correction Requests and Withdrawal of Consent

    If you:

    1. have queries about our data protection processes and practices;
    2. wish to request access to and/or make corrections to your personal data in our possession or under our control; or
    3. wish to withdraw your consent to our collection, use or disclosure of your personal data,

    please submit a written request (with supporting documents, (if any) to our Data Protection Officer at: privacy@nfiniti.art. Our Data Protection Officer shall respond to you within 30 days of your submission. Please note that if you withdraw your consent to any or all use or disclosure of your personal data, depending on the nature of your request, we may not be in a position to continue to provide our services or products to you or administer any contractual relationship in place. Such withdrawal may also result in the termination of any agreement you may have with us. Our legal rights and remedies are expressly reserved in such event.

    may have with us. Our legal rights and remedies are expressly reserved in such event. We may charge you a fee for processing your request for access. Such a fee depends on the nature and complexity of your access request. Information on the processing fee will be made available to you.

11. Contact information

    To contact us on any aspect of this Policy or your personal data or to provide any feedback that you may have, please contact our Data Protection Officer at privacy@nfiniti.art.

12. Governing Law and Jurisdiction

    This Policy and your use of the Website shall be governed and construed in accordance with the laws of Singapore. You agree to submit to the exclusive jurisdiction of the Singapore courts.

13. Amendments and updates to NFiniTi Privacy Policy

    We reserve the right to amend this Policy from time to time to ensure that this Policy is consistent with any developments to the way NFiniTi uses your personal data or any changes to the laws and regulations applicable to NFiniTi. We will make available the updated Policy on the Website. You are encouraged to visit the Website from time to time to ensure that you are well informed of our latest policies in relation to personal data protection. All communications, transactions and dealings with us shall be subject to the latest version of this Policy in force at the time.

14. For European Union or European Economic Area Residents

    This section 14 applies if you are an individual located in the European Union or European Economic Area. Subject to applicable law, you have the following additional rights in relation to your personal data:

    1. the right to access your personal data (if you ask us, we will confirm whether we are processing your personal data in a structured, commonly used and machine-readable format and, if so, provide you with a copy of that personal data along with certain other details). If you require additional copies, we may need to charge a reasonable fee;
    2. the right to ensure the accuracy of your personal data;
    3. the right to have us delete your personal data (we will do so in some circumstances, such as where we no longer need it, but do note that we may not delete your data when other interests outweigh your right to deletion);
    4. the right to restrict further processing of your personal data (unless we demonstrate compelling legitimate grounds for the processing);
    5. rights in relation to automated decision-making and profiling (you have the right to be free from decisions based solely on automated processing of your personal data, including profiling, that affect you, unless such processing is necessary for entering into, or the performance of, a contract between you and us or you provide your explicit consent to such processing);
    6. the right to withdraw consent (if we rely on your consent to process your personal data, you have the right to withdraw that consent at any time, but provided always that this shall not affect the lawfulness of processing based on your prior consent); and
    7. the right to complain to a supervisory authority in your country of residence in the event that data is misused.

    If you believe that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your residence, your place of work or the place of the alleged infringement. You may exercise any of your rights in relation to your personal data by contacting our Data Protection Officer at: privacy@nfiniti.art, and we shall respond to you within 30 days of your submission.

15. Your acceptance of these terms

    This Policy applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us. We may revise this Policy from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Policy was last updated.

    By using the Website and/or any services provided by NFiniTi, you signify your acceptance of this Policy and terms of service. If you do not agree to this Policy or terms of service, please do not use the Website or any services provided by NFiniTi. Your continued use of the Website following the posting of changes to this Policy will be deemed your acceptance of those changes.

NFT for Personal Use License (NPU)

By acquiring lawful ownership to a non-fungible token ("NFT") associated with the NFT project made available under this NFT License ("NPU") created by the owner or entity that has created this NFiniT ("Creator" or "we" or "our"), you agree to these NFT License Terms and Conditions (the "Terms"). When you lawfully own a NFiniT, you own all personal property rights to the NFT underlying the NFiniT (e.g., the right to freely sell, transfer, or otherwise dispose of that NFiniT). However, your rights to the associated artwork, photograph, images, video, content or other works of authorship linked to your specific NFiniT which was developed by Creator ("NFT Media") are only as outlined below.

1. NFT LICENSE GRANT

   1. NFT Media License. For as long as you lawfully own a NFiniT and subject to full payment of the purchase price and full respect of Creator's moral rights at all times, Creator grants you a non-exclusive, perpetual, revocable worldwide license under our copyrights to use, distribute, reproduce, display, and perform (but not modify) the specific NFT Media (in the form exactly as shown in the NFiniT without any form of adaptation or modification of any kind, for example those relating to format, size, cropping, add-ons, colors, translations) linked to your NFiniT for personal, non- commercial uses, with the right to sublicense such rights solely to third parties to enable the right to display the NFT Media, with Creator being a third party beneficiary to all such sublicenses with the ability to enforce such agreements. All uses shall contain in clear and visible characters the name of Creator as shown in the NFT Media. This license includes the right to display NFT Media as a profile picture, on social networks, screensavers, for viewing on smart screens, in real conditions or in virtual environments and metaverses. All intellectual property rights in and to the NFT Media and any other intellectual property rights of Creator not expressly licensed herein are reserved by Creator. For the avoidance of doubt: (a) the wording "personal, non-commercial uses" explicitly excludes any use of the NFT Media likely to produce to the owner of NFiniT any direct or indirect financial benefits or income, including any use to promote and/or advertise directly or indirectly any of his/her professional and/or commercial activities; (b) the right to "reproduce" is limited the right to reproduce the NFT Media only to the extent it is strictly necessary for the purpose of the license rights stated above; and this license explicitly excludes any other right to reproduce, copy, print or transfer the NFT Media by any means and on any form of support known or unknown to date; and (c) Creator retains the right to fully exploit, commercialize, transfer or sell NFT Media.
   2. Moral Right. You shall procure that the name of Creator shall appear in clear and visible characters in association with the NFT Media, in all uses subject only to technical limitations (acknowledged by Creator) including without limitation those relating to virtual environments where it may not be technically feasible to allow such name to be indicated.
   3. No Rights to Trademarks. Nothing in these Terms is meant to grant you any rights to any logos, trademarks, service marks, and trade dress associated with Creator or the NFiniTs ("Project Trademarks"). Unless you have our prior written approval, you may not use any Project Trademarks for any use that would require a license from us, including to register any domain names or social media accounts using any Project Trademarks or to advertise or promote any other products or services.
   4. Transfer and Sublicensing. The licenses granted in these Terms are non- transferrable, except that if you lawfully transfer ownership of your NFiniT, the license to the NFT Media in Section 1.1 to you shall terminate upon the effective date of such transfer, and such licenses will be assigned to the new owner of the NFiniT associated with such NFT Media. As a condition to sales, transfers or similar transactions of the NFiniTs, the transferee agrees upon the acquisition of the NFiniT that (a) the transferee is not a Restricted Party and (b) the transferee accepts these Terms. Because virtually all public blockchains are licensed under open source licenses, it is possible that the blockchain may fork, merge, or duplicate the original blockchain that initially recorded ownership of your NFiniT. In such case, any rights granted under these Terms to owners of any NFiniT will only be granted to the lawful owners of such NFiniT whose ownership is recorded on the mainnet version of the blockchain that is generally recognized and predominantly supported in the blockchain industry as the legitimate successor of the original blockchain (as determined in our sole discretion). Save as expressly provided herein, this license cannot be sublicensed.
   5. Third Party Content. The Creator hereby represents and warrants to you that all of the copyrights in the NFT Media are owned by the Creator, and does not contain (a) any artwork, images, video, content or other works of authorship, (b) logos, trademarks, service marks, or trade dress or rights of personality in which the relevant intellectual property rights are not owned by the Creator ("Third Party Content"), provided that the foregoing shall not apply if the Creator has obtained a license to such Third Party Content consistent with the licenses under this Agreement or the Creator has supplemented this NFT License with an additional license that governs your right to use such Third Party Content.
   6. Restrictions. You shall only use the NFiniT and all NFT Media (including all description narrative and/or contents of any kind posted in association with the sale of said NFT) as specifically shown in the NFT Media, strictly with no modification whatsoever (in this regard, changes in format, size, color, translation, etc. are prohibited) save for that strictly required to give effect to this license. Notwithstanding any of the above, (a) you may not use the NFT Media in any way that constitutes unlawful, defamatory, harassing, abusive, fraudulent, racist, hateful, vulgar, cruel, illegal or obscene, or that promotes any such activity, and (b) Creator shall retain the right to modify the NFT Media or the NFiniT for artistic, legal or technical reasons; it being understood that Creator may designate another entity such as the operator of the "NFiniTi" platform or other entity or committee with delegated governance functions to make this determination in Creator’s place, in which case Creator will be bound by that other entity’s decision. You shall not be permitted to fractionalize your NFiniT, whereby the NFiniT is fractionalized via interactions with smart contracts deployed on any blockchain network or other technical tool into smaller ownership interests (which may be represented by other tokens), each representing a share in the whole NFiniT, whether or not such fractions are tradeable. In order to purchase the NFiniT if you are an individual, you must be 18 years of age or older if the age of lawfully capacity of forming binding contracts is older in the relevant jurisdiction. If you are an entity, the individual agreeing to the Terms must have the legal authority to bind the entity. If (a) you are an individual, you agree on your own behalf and (b) if you are an entity, you agree that neither the entity nor any of your owners or investors or any of their directors, officers, employees, agents or affiliates acting on your behalf: (i) is related in any way to, the governments of, or any persons within, any country or jurisdiction under a U.S. embargo enforced by the Office of Foreign Assets Control ("OFAC"), or any persons who are named on any list of sanctioned individuals or entities; (ii) is (or has ever been) prohibited from the transaction pursuant to U.S. anti-money laundering, anti-terrorist, economic sanctions and asset control laws; and (iii) is resident in a country or jurisdiction under a U.S. embargo enforced by OFAC ("Restricted Parties").

2. DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION

   1. Disclaimers. YOUR ACCESS TO AND USE OF THE NFINIT AND NFT MEDIA IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CREATOR, ITS PARENTS, AFFILIATES, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, LICENSORS AND EQUITYHOLDERS (THE "CREATOR ENTITIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT IN THE NFINITS AND NFT MEDIA. THE CREATOR ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, ORIGINALITY, SECURITY OR RELIABILITY OF THE NFINITS AND NFT MEDIA; (B) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM, DEVICE, BLOCKCHAIN, DIGITAL WALLET, HARDWARE OR MARKETPLACE; AND (C) WHETHER THE NFINITS AND NFT MEDIA WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; AND (D) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT THE NFINITS AND NFT MEDIA. THE NFINITS AND NFT MEDIA ARE INTENDED FOR CONSUMER ENJOYMENT, USE AND CONSUMPTION ONLY.
   2. Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE CREATOR ENTITIES BE LIABLE (A) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE NFINIT OR THE NFT MEDIA), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE NFINITS AND NFT MEDIA OR THESE TERMS AND WHETHER IN CONTRACT, PRODUCT LIABILITY OR TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, EVEN IF THE CREATOR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE NFINITS AND NFT MEDIA. THE MAXIMUM AGGREGATE LIABILITY OF THE CREATOR ENTITIES FOR ALL DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) $1,000 OR (II) THE AMOUNT YOU PAID FOR YOUR NFINIT. SOME JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
   3. Assumption of Risk. THE VALUE OF THE NFINITS IS SUBJECTIVE, HAVE NO INHERENT VALUE AND THEREFORE CAN BE VOLATILE. YOU AGREE TO ASSUME ALL RISK ASSOCIATED WITH THE USE AND VALUE OF THE NFINIT AND NFT MEDIA.
   4. Fundamental Elements. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE CREATOR ENTITIES AND YOU.
   5. Indemnification. By entering into these Terms and accessing or using the NFiniTs or NFT Media, you agree that you shall defend, indemnify and hold the Creator Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Creator Entities arising out of or in connection with: (i) your violation or breach of any term of these Terms or any applicable law or regulation; (ii) your violation of any rights of any third party; (iii) your access to or use of the NFiniT or NFT Media; or (iv) any fraud, negligence or wilful misconduct committed by you. For these limited purposes, the Creator Entities (other than the Creator) are third party beneficiaries of the Terms.

3. ADDITIONAL PROVISIONS

   1. Additional Features. Creator may choose to make additional features, access, content, items or other benefits available to owners of NFiniTs ("Additional Features"). Creator has no duty or obligation to provide you with any Additional Features, and you should not expect any Additional Features when acquiring an NFiniT. Additional Features may be subject to additional terms and conditions, which may be presented to you at the time they are made available. Additional Features shall not be merchantable nor will they have any use, value or market price.
   2. Termination of License. If you materially breach any of the provisions of these Terms, Creator may terminate all of the licenses granted to you under these Terms. Creator will use commercially reasonable efforts to provide you with notice of such termination, though for the avoidance of doubt your licenses shall terminate regardless of whether such notice is actually received. Upon the termination of your licenses, you shall cease all use of the rights granted in Article 1 and shall cease all further use of the NFT Media, and all sublicenses you have granted in the NFT Media shall automatically terminate. The following sections shall survive the termination of these Terms and shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Creator or you: Sections 1.3, 1.4, 1.6, 2.1, 2.2, 2.3, 2.4, 2.5, 3.3 and 3.4. Termination will not limit any of Creator’s other rights or remedies at law or in equity.
   3. Miscellaneous. These Terms constitute the entire and exclusive understanding and agreement between Creator and you regarding the NFiniT and NFT Media and supersedes and replaces any and all prior oral or written understandings or agreements between Creator and you regarding the NFiniT and NFT Media. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be freely assigned by Creator. Any purported assignment in violation of these Terms will be null and void. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

   4. Governing Law & Arbitration. You and Creator shall cooperate in good faith to resolve any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including with respect to the formation, applicability, breach, termination, validity or enforceability thereof (a "Dispute"). If the parties are unable to resolve a Dispute within ninety (90) days of notice of such Dispute being received by all parties, such Dispute shall be finally settled by Binding Arbitration (as defined below).

      Any Dispute not resolved within ninety (90) days shall be referred to and finally resolved by arbitration administered by arbitration administered in accordance with the international arbitration rules of the Creator's domicile (or local arbitration rules in the absence of the foregoing), as determined by the Creator, acting reasonably, which rules are deemed to be incorporated by reference in this Section 3.4. The seat of the arbitration shall be the Creator's domicile. The tribunal shall consist of 1 arbitrator, who shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. The language to be used in the arbitral proceedings shall be English. The arbitration award shall be final and binding on the parties ("Binding Arbitration"). The parties undertake to carry out any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. You and Creator will each pay their respective attorneys’ fees and expenses.

      These Terms and any action related thereto will be governed by the laws of the Creator's domicile, without regard to its conflict of laws provisions. Any dispute arising out of or related to these Terms is personal to you and Creator and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Creator each agree that any claims may only be brought on an individual basis and not as a plaintiff or class member in any purported class or representative action or other proceeding in which a person attempts to resolve a dispute as a representative of another person or group of persons. Unless both you and Creator agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

NFT with right to Print by Owner License (NPO)

By acquiring lawful ownership to a non-fungible token ("NFT") associated with the NFT project made available under this NFT License ("NPO") created by the owner or entity that has created this NFiniT ("Creator" or "we" or "our"), you agree to these NFT License Terms and Conditions (the "Terms"). When you lawfully own a NFiniT, you own all personal property rights to the NFT underlying the NFiniT (e.g., the right to freely sell, transfer, or otherwise dispose of that NFiniT). However, your rights to the associated artwork, photograph, images, video, content or other works of authorship linked to your specific NFiniT which was developed by Creator ("NFT Media") are only as outlined below.

1. NFT LICENSE GRANT

   1. NFT Media License. For as long as you lawfully own a NFiniT and subject to full payment of the purchase price and full respect of Creator's moral rights at all times, Creator grants you a non-exclusive, perpetual, revocable worldwide license under our copyrights to use, distribute, reproduce, display, and perform (but not modify) the specific NFT Media (in the form exactly as shown in the NFiniT without any form of adaptation or modification of any kind, for example those relating to format, size, cropping, add-ons, colors, translations) linked to your NFiniT for personal, non- commercial uses, with the right to sublicense such rights solely to third parties to enable the right to display the NFT Media, with Creator being a third party beneficiary to all such sublicenses with the ability to enforce such agreements. All uses shall contain in clear and visible characters the name of Creator as shown in the NFT Media. This license includes the right to display NFT Media as a profile picture, on social networks, screensavers, for viewing on smart screens, in real conditions or in virtual environments and metaverses. All intellectual property rights in and to the NFT Media and any other intellectual property rights of Creator not expressly licensed herein are reserved by Creator. For the avoidance of doubt: (a) the wording "personal, non-commercial uses" explicitly excludes any use of the NFT Media likely to produce to the owner of NFiniT any direct or indirect financial benefits or income, including any use to promote and/or advertise directly or indirectly any of his/her professional and/or commercial activities; (b) the right to "reproduce" is limited the right to reproduce the NFT Media only to the extent it is strictly necessary for the purpose of the license rights stated above; and this license explicitly excludes any other right to reproduce, copy, print or transfer the NFT Media by any means and on any form of support known or unknown to date; and (c) Creator retains the right to fully exploit, commercialize, transfer or sell NFT Media.
   2. Moral Right. You shall procure that the name of Creator shall appear in clear and visible characters in association with the NFT Media, in all uses subject only to technical limitations (acknowledged by Creator) including without limitation those relating to virtual environments where it may not be technically feasible to allow such name to be indicated.
   3. No Rights to Trademarks. Nothing in these Terms is meant to grant you any rights to any logos, trademarks, service marks, and trade dress associated with Creator or the NFiniTs ("Project Trademarks"). Unless you have our prior written approval, you may not use any Project Trademarks for any use that would require a license from us, including to register any domain names or social media accounts using any Project Trademarks or to advertise or promote any other products or services.
   4. Transfer and Sublicensing. The licenses granted in these Terms are non- transferrable, except that if you lawfully transfer ownership of your NFiniT, the license to the NFT Media in Section 1.1 to you shall terminate upon the effective date of such transfer, and such licenses will be assigned to the new owner of the NFiniT associated with such NFT Media. As a condition to sales, transfers or similar transactions of the NFiniTs, the transferee agrees upon the acquisition of the NFiniT that (a) the transferee is not a Restricted Party and (b) the transferee accepts these Terms. Because virtually all public blockchains are licensed under open source licenses, it is possible that the blockchain may fork, merge, or duplicate the original blockchain that initially recorded ownership of your NFiniT. In such case, any rights granted under these Terms to owners of any NFiniT will only be granted to the lawful owners of such NFiniT whose ownership is recorded on the mainnet version of the blockchain that is generally recognized and predominantly supported in the blockchain industry as the legitimate successor of the original blockchain (as determined in our sole discretion). Save as expressly provided herein, this license cannot be sublicensed.
   5. Third Party Content. The Creator hereby represents and warrants to you that all of the copyrights in the NFT Media are owned by the Creator, and does not contain (a) any artwork, images, video, content or other works of authorship, (b) logos, trademarks, service marks, or trade dress or rights of personality in which the relevant intellectual property rights are not owned by the Creator ("Third Party Content"), provided that the foregoing shall not apply if the Creator has obtained a license to such Third Party Content consistent with the licenses under this Agreement or the Creator has supplemented this NFT License with an additional license that governs your right to use such Third Party Content.
   6. Restrictions. You shall only use the NFiniT and all NFT Media (including all description narrative and/or contents of any kind posted in association with the sale of said NFT) as specifically shown in the NFT Media, strictly with no modification whatsoever (in this regard, changes in format, size, color, translation, etc. are prohibited) save for that strictly required to give effect to this license notwithstanding any of the above, (a) you may not use the NFT Media in any way that constitutes unlawful, defamatory, harassing, abusive, fraudulent, racist, hateful, vulgar, cruel, illegal or obscene, or that promotes any such activity, and (b) Creator shall retain the right to modify the NFT Media or the NFiniT for artistic, legal or technical reasons; it being understood that Creator may designate another entity such as the operator of the "NFiniTi" platform or other entity or committee with delegated governance functions to make this determination in Creator’s place, in which case Creator will be bound by that other entity’s decision. You shall not be permitted to fractionalize your NFiniT, whereby the NFiniT is fractionalized via interactions with smart contracts deployed on any blockchain network or other technical tool into smaller ownership interests (which may be represented by other tokens), each representing a share in the whole NFiniT, whether or not such fractions are tradeable. In order to purchase the NFiniT if you are an individual, you must be 18 years of age or older if the age of lawfully capacity of forming binding contracts is older in the relevant jurisdiction. If you are an entity, the individual agreeing to the Terms must have the legal authority to bind the entity. If (a) you are an individual, you agree on your own behalf and (b) if you are an entity, you agree that neither the entity nor any of your owners or investors or any of their directors, officers, employees, agents or affiliates acting on your behalf: (i) is related in any way to, the governments of, or any persons within, any country or jurisdiction under a U.S. embargo enforced by the Office of Foreign Assets Control ("OFAC"), or any persons who are named on any list of sanctioned individuals or entities; (ii) is (or has ever been) prohibited from the transaction pursuant to U.S. anti-money laundering, anti-terrorist, economic sanctions and asset control laws; and (iii) is resident in a country or jurisdiction under a U.S. embargo enforced by OFAC ("Restricted Parties").

2. DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION

   1. Disclaimers. YOUR ACCESS TO AND USE OF THE NFINIT AND NFT MEDIA IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CREATOR, ITS PARENTS, AFFILIATES, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, LICENSORS AND EQUITYHOLDERS (THE "CREATOR ENTITIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT IN THE NFINITS AND NFT MEDIA. THE CREATOR ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, ORIGINALITY, SECURITY OR RELIABILITY OF THE NFINITS AND NFT MEDIA; (B) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM, DEVICE, BLOCKCHAIN, DIGITAL WALLET, HARDWARE OR MARKETPLACE; AND (C) WHETHER THE NFINITS AND NFT MEDIA WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; AND (D) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT THE NFINITS AND NFT MEDIA. THE NFINITS AND NFT MEDIA ARE INTENDED FOR CONSUMER ENJOYMENT, USE AND CONSUMPTION ONLY.
   2. Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE CREATOR ENTITIES BE LIABLE (A) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE NFINIT OR THE NFT MEDIA), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE NFINITS AND NFT MEDIA OR THESE TERMS AND WHETHER IN CONTRACT, PRODUCT LIABILITY OR TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, EVEN IF THE CREATOR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE NFINITS AND NFT MEDIA. THE MAXIMUM AGGREGATE LIABILITY OF THE CREATOR ENTITIES FOR ALL DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) $1,000 OR (II) THE AMOUNT YOU PAID FOR YOUR NFINIT. SOME JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
   3. Assumption of Risk. THE VALUE OF THE NFINITS IS SUBJECTIVE, HAVE NO INHERENT VALUE AND THEREFORE CAN BE VOLATILE. YOU AGREE TO ASSUME ALL RISK ASSOCIATED WITH THE USE AND VALUE OF THE NFINIT AND NFT MEDIA.
   4. Fundamental Elements. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE CREATOR ENTITIES AND YOU.
   5. Indemnification. By entering into these Terms and accessing or using the NFiniTs or NFT Media, you agree that you shall defend, indemnify and hold the Creator Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Creator Entities arising out of or in connection with: (i) your violation or breach of any term of these Terms or any applicable law or regulation; (ii) your violation of any rights of any third party; (iii) your access to or use of the NFiniT or NFT Media; or (iv) any fraud, negligence or wilful misconduct committed by you. For these limited purposes, the Creator Entities (other than the Creator) are third party beneficiaries of the Terms

3. ADDITIONAL PROVISIONS

   1. Additional Features. Creator may choose to make additional features, access, content, items or other benefits available to owners of NFiniTs ("Additional Features"). Creator has no duty or obligation to provide you with any Additional Features, and you should not expect any Additional Features when acquiring an NFiniT. Additional Features may be subject to additional terms and conditions, which may be presented to you at the time they are made available. Additional Features (including without limitation the Collectible, as defined herein) shall not be merchantable nor will they have any use, value or market price.

      For as long as you lawfully own a NFiniT and subject to full payment of the purchase price and full respect of Creator's moral rights at all times, you shall have the right to take physical delivery of ONE tangible copy of the NFT Media reproduced in print format (the "Collectible") amongst several format options which shall be executed by a professional printer designated by Creator, strictly subject to technical limitations/specifications of the NFT Media, any conditions and/or restrictions prescribed by Creator in any material, document, description or notice relating to the first sale of such NFiniT on any platform, as well as Creator's artistic interpretation of the format, size, colour, resolution, cropping, add-ons, finishing and presentation. This right may be exercised once per successive owner of NFiniT, up to a number specified by the Creator at the time of initial sale. The number of remaining rights to print will be indicated on the corresponding page where the NFiniT was originally minted.

      The cost of printing the tangible copy will be borne by the NFiniT holder and such price will be dependent on prevailing market conditions.

      The ownership of the Collectible includes all personal property rights to the same, including the right to freely use, sell, transfer, or otherwise dispose of the Collectible by all means and without any limitations other than those imposed by applicable laws or regulation on the use, sale, transfer or disposal of such Collectible.

      NOTWITHSTANDING ANY OF THE PROVISIONS HEREIN, THE COLLECTIBLE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AT YOUR SOLE RISK, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, FOR EXAMPLE, WITH RESPECT TO MERCHANTABILITY, TITLE, VALUE, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY, LEGALITY, VALUE, ACCURACY, CONTENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AMONG OTHERS.

   2. Termination of License. If you materially breach any of the provisions of these Terms, Creator may terminate all of the licenses granted to you under these Terms. Creator will use commercially reasonable efforts to provide you with notice of such termination, though for the avoidance of doubt your licenses shall terminate regardless of whether such notice is actually received. Upon the termination of your licenses, you shall cease all use of the rights granted in Article 1 and shall cease all further use of the NFT Media, and all sublicenses you have granted in the NFT Media shall automatically terminate. The following sections shall survive the termination of these Terms and shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Creator or you: Sections 1.3, 1.4, 1.6, 2.1, 2.2, 2.3, 2.4, 2.5, 3.3 and 3.4. Termination will not limit any of Creator’s other rights or remedies at law or in equity.
   3. Miscellaneous. These Terms constitute the entire and exclusive understanding and agreement between Creator and you regarding the NFiniT and NFT Media and supersedes and replaces any and all prior oral or written understandings or agreements between Creator and you regarding the NFiniT and NFT Media. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be freely assigned by Creator. Any purported assignment in violation of these Terms will be null and void. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

   4. Governing Law & Arbitration. You and Creator shall cooperate in good faith to resolve any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including with respect to the formation, applicability, breach, termination, validity or enforceability thereof (a "Dispute"). If the parties are unable to resolve a Dispute within ninety (90) days of notice of such Dispute being received by all parties, such Dispute shall be finally settled by Binding Arbitration (as defined below).

      Any Dispute not resolved within ninety (90) days shall be referred to and finally resolved by arbitration administered by arbitration administered in accordance with the international arbitration rules of the Creator's domicile (or local arbitration rules in the absence of the foregoing), as determined by the Creator, acting reasonably, which rules are deemed to be incorporated by reference in this Section 3.4. The seat of the arbitration shall be the Creator's domicile. The tribunal shall consist of 1 arbitrator, who shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. The language to be used in the arbitral proceedings shall be English. The arbitration award shall be final and binding on the parties ("Binding Arbitration"). The parties undertake to carry out any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. You and Creator will each pay their respective attorneys’ fees and expenses.

      These Terms and any action related thereto will be governed by the laws of the Creator's domicile, without regard to its conflict of laws provisions. Any dispute arising out of or related to these Terms is personal to you and Creator and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Creator each agree that any claims may only be brought on an individual basis and not as a plaintiff or class member in any purported class or representative action or other proceeding in which a person attempts to resolve a dispute as a representative of another person or group of persons. Unless both you and Creator agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

NFT with Collectible Bundle License (NCB)

By acquiring lawful ownership to a non-fungible token ("NFT") associated with the NFT project made available under this NFT License ("NCB") created by the owner or entity that has created this NFiniT ("Creator" or "we" or "our"), you agree to these NFT License Terms and Conditions (the "Terms"). When you lawfully own a NFiniT, you own all personal property rights to the NFT underlying the NFiniT (e.g., the right to freely sell, transfer, or otherwise dispose of that NFiniT). However, your rights to the associated artwork, photograph, images, video, content or other works of authorship linked to your specific NFiniT which was developed by Creator ("NFT Media") are only as outlined below.

1. NFT LICENSE GRANT

   1. NFT Media License. For as long as you lawfully own a NFiniT and subject to full payment of the purchase price and full respect of Creator's moral rights at all times, Creator grants you a non-exclusive, perpetual, revocable worldwide license under our copyrights to use, distribute, reproduce, display, and perform (but not modify) the specific NFT Media (in the form exactly as shown in the NFiniT without any form of adaptation or modification of any kind, for example those relating to format, size, cropping, add-ons, colors, translations) linked to your NFiniT for personal, non- commercial uses, with the right to sublicense such rights solely to third parties to enable the right to display the NFT Media, with Creator being a third party beneficiary to all such sublicenses with the ability to enforce such agreements. All uses shall contain in clear and visible characters the name of Creator as shown in the NFT Media. This license includes the right to display NFT Media as a profile picture, on social networks, screensavers, for viewing on smart screens, in real conditions or in virtual environments and metaverses. All intellectual property rights in and to the NFT Media and any other intellectual property rights of Creator not expressly licensed herein are reserved by Creator. For the avoidance of doubt: (a) the wording "personal, non-commercial uses" explicitly excludes any use of the NFT Media likely to produce to the owner of NFiniT any direct or indirect financial benefits or income, including any use to promote and/or advertise directly or indirectly any of his/her professional and/or commercial activities; (b) the right to "reproduce" is limited the right to reproduce the NFT Media only to the extent it is strictly necessary for the purpose of the license rights stated above; and this license explicitly excludes any other right to reproduce, copy, print or transfer the NFT Media by any means and on any form of support known or unknown to date; and (c) Creator retains the right to fully exploit, commercialize, transfer or sell NFT Media.
   2. Moral Right. You shall procure that the name of Creator shall appear in clear and visible characters in association with the NFT Media, in all uses subject only to technical limitations (acknowledged by Creator) including without limitation those relating to virtual environments where it may not be technically feasible to allow such name to be indicated.
   3. No Rights to Trademarks. Nothing in these Terms is meant to grant you any rights to any logos, trademarks, service marks, and trade dress associated with Creator or the NFiniTs ("Project Trademarks"). Unless you have our prior written approval, you may not use any Project Trademarks for any use that would require a license from us, including to register any domain names or social media accounts using any Project Trademarks or to advertise or promote any other products or services.
   4. Transfer and Sublicensing. The licenses granted in these Terms are non- transferrable, except that if you lawfully transfer ownership of your NFiniT, the license to the NFT Media in Section 1.1 to you shall terminate upon the effective date of such transfer, and such licenses will be assigned to the new owner of the NFiniT associated with such NFT Media. As a condition to sales, transfers or similar transactions of the NFiniTs, the transferee agrees upon the acquisition of the NFiniT that (a) the transferee is not a Restricted Party and (b) the transferee accepts these Terms. Because virtually all public blockchains are licensed under open source licenses, it is possible that the blockchain may fork, merge, or duplicate the original blockchain that initially recorded ownership of your NFiniT. In such case, any rights granted under these Terms to owners of any NFiniT will only be granted to the lawful owners of such NFiniT whose ownership is recorded on the mainnet version of the blockchain that is generally recognized and predominantly supported in the blockchain industry as the legitimate successor of the original blockchain (as determined in our sole discretion). Save as expressly provided herein, this license cannot be sublicensed.
   5. Third Party Content. The Creator hereby represents and warrants to you that all of the copyrights in the NFT Media are owned by the Creator, and does not contain (a) any artwork, images, video, content or other works of authorship, (b) logos, trademarks, service marks, or trade dress or rights of personality in which the relevant intellectual property rights are not owned by the Creator ("Third Party Content"), provided that the foregoing shall not apply if the Creator has obtained a license to such Third Party Content consistent with the licenses under this Agreement or the Creator has supplemented this NFT License with an additional license that governs your right to use such Third Party Content.
   6. Restrictions. You shall only use the NFiniT and all NFT Media (including all description narrative and/or contents of any kind posted in association with the sale of said NFT) as specifically shown in the NFT Media, strictly with no modification whatsoever (in this regard, changes in format, size, colour, translation, etc are prohibited) save for that strictly required to give effect to this license. Notwithstanding any of the above, (a) you may not use the NFT Media in any way that constitutes unlawful, defamatory, harassing, abusive, fraudulent, racist, hateful, vulgar, cruel, illegal or obscene, or that promotes any such activity, and (b) Creator shall retain the right to modify the NFT Media or the NFiniT for artistic, legal or technical reasons; it being understood that Creator may designate another entity such as the operator of the "NFiniTi" platform or other entity or committee with delegated governance functions to make this determination in Creator’s place, in which case Creator will be bound by that other entity’s decision. You shall not be permitted to fractionalize your NFiniT, whereby the NFiniT is fractionalized via interactions with smart contracts deployed on any blockchain network or other technical tool into smaller ownership interests (which may be represented by other tokens), each representing a share in the whole NFiniT, whether or not such fractions are tradeable. In order to purchase the NFiniT if you are an individual, you must be 18 years of age or older if the age of lawfully capacity of forming binding contracts is older in the relevant jurisdiction. If you are an entity, the individual agreeing to the Terms must have the legal authority to bind the entity. If (a) you are an individual, you agree on your own behalf and (b) if you are an entity, you agree that neither the entity nor any of your owners or investors or any of their directors, officers, employees, agents or affiliates acting on your behalf: (i) is related in any way to, the governments of, or any persons within, any country or jurisdiction under a U.S. embargo enforced by the Office of Foreign Assets Control ("OFAC"), or any persons who are named on any list of sanctioned individuals or entities; (ii) is (or has ever been) prohibited from the transaction pursuant to U.S. anti-money laundering, anti-terrorist, economic sanctions and asset control laws; and (iii) is resident in a country or jurisdiction under a U.S. embargo enforced by OFAC ("Restricted Parties").

2. DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION

   1. Disclaimers. YOUR ACCESS TO AND USE OF THE NFINIT AND NFT MEDIA IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CREATOR, ITS PARENTS, AFFILIATES, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, LICENSORS AND EQUITYHOLDERS (THE "CREATOR ENTITIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT IN THE NFINITS AND NFT MEDIA. THE CREATOR ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, ORIGINALITY, SECURITY OR RELIABILITY OF THE NFINITS AND NFT MEDIA; (B) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM, DEVICE, BLOCKCHAIN, DIGITAL WALLET, HARDWARE OR MARKETPLACE; AND (C) WHETHER THE NFINITS AND NFT MEDIA WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; AND (D) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT THE NFINITS AND NFT MEDIA. THE NFINITS AND NFT MEDIA ARE INTENDED FOR CONSUMER ENJOYMENT, USE AND CONSUMPTION ONLY.
   2. Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE CREATOR ENTITIES BE LIABLE (A) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE NFINIT OR THE NFT MEDIA), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE NFINITS AND NFT MEDIA OR THESE TERMS AND WHETHER IN CONTRACT, PRODUCT LIABILITY OR TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, EVEN IF THE CREATOR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE NFINITS AND NFT MEDIA. THE MAXIMUM AGGREGATE LIABILITY OF THE CREATOR ENTITIES FOR ALL DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) $1,000 OR (II) THE AMOUNT YOU PAID FOR YOUR NFINIT. SOME JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
   3. Assumption of Risk. THE VALUE OF THE NFINITS IS SUBJECTIVE, HAVE NO INHERENT VALUE AND THEREFORE CAN BE VOLATILE. YOU AGREE TO ASSUME ALL RISK ASSOCIATED WITH THE USE AND VALUE OF THE NFINIT AND NFT MEDIA.
   4. Fundamental Elements. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE CREATOR ENTITIES AND YOU.
   5. Indemnification. By entering into these Terms and accessing or using the NFiniTs or NFT Media, you agree that you shall defend, indemnify and hold the Creator Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Creator Entities arising out of or in connection with: (i) your violation or breach of any term of these Terms or any applicable law or regulation; (ii) your violation of any rights of any third party; (iii) your access to or use of the NFiniT or NFT Media; or (iv) any fraud, negligence or wilful misconduct committed by you. For these limited purposes, the Creator Entities (other than the Creator) are third party beneficiaries of the Terms.

3. ADDITIONAL PROVISIONS

   1. Additional Features. Creator may choose to make additional features, access, content, items or other benefits available to owners of NFiniTs ("Additional Features"). Creator has no duty or obligation to provide you with any Additional Features, and you should not expect any Additional Features when acquiring an NFiniT. Additional Features may be subject to additional terms and conditions, which may be presented to you at the time they are made available. Additional Features (including without limitation the Collectible Bundle, as defined herein) shall not be merchantable nor will they have any use, value or market price.

      For as long as you lawfully own a NFiniT and subject to full payment of the purchase price and full respect of Creator's moral rights at all times, you shall have the right to require Creator to deliver or provide (as the case may be) certain goods and/or services (the "Collectible Bundle"), whether physical or experiential, as more particularly described by Creator in any material, document, description or notice relating to the first sale of such NFiniT on any platform (the "NFT Sale Material"), in each case strictly subject to technical limitations/specifications of the NFT Media, any conditions and/or restrictions prescribed by Creator in the NFT Sale Material, as well as Creator's artistic interpretation of the format, size, color, resolution, cropping, add- ons, finishing and presentation. This right may be exercised by the first buyer of the NFiniT or once per successive owner of NFiniT for a prescribed number of successive owners as detailed by Creator in any material, document, description or notice relating to the first sale of such NFiniT on any platform.

      Where the Collectible Bundle (or any part thereof) comprises tangible goods, the ownership of such tangible goods includes all personal property rights to the same, including the right to freely use, sell, transfer, or otherwise dispose of the tangible goods by all means and without any limitations other than those imposed by applicable laws or regulation on the use, sale, transfer or disposal of such tangible goods.

      Where the Collectible Bundle (or any part thereof) comprises any intellectual property rights or services, the same grants and restrictions as described in this license shall apply to such intellectual property or services, mutatis mutandis.

      NOTWITHSTANDING ANY OF THE PROVISIONS HEREIN, THE COLLECTIBLE BUNDLE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AT YOUR SOLE RISK, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, FOR EXAMPLE, WITH RESPECT TO MERCHANTABILITY, TITLE, VALUE, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY, LEGALITY, VALUE, ACCURACY, CONTENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AMONG OTHERS.

   2. Termination of License. If you materially breach any of the provisions of these Terms, Creator may terminate all of the licenses granted to you under these Terms. Creator will use commercially reasonable efforts to provide you with notice of such termination, though for the avoidance of doubt your licenses shall terminate regardless of whether such notice is actually received. Upon the termination of your licenses, you shall cease all use of the rights granted in Article 1 and shall cease all further use of the NFT Media, and all sublicenses you have granted in the NFT Media shall automatically terminate. The following sections shall survive the termination of these Terms and shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Creator or you: Sections 1.3, 1.4, 1.6, 2.1, 2.2, 2.3, 2.4, 2.5, 3.3 and 3.4. Termination will not limit any of Creator’s other rights or remedies at law or in equity.
   3. Miscellaneous. These Terms constitute the entire and exclusive understanding and agreement between Creator and you regarding the NFiniT and NFT Media and supersedes and replaces any and all prior oral or written understandings or agreements between Creator and you regarding the NFiniT and NFT Media. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be freely assigned by Creator. Any purported assignment in violation of these Terms will be null and void. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

   4. Governing Law & Arbitration. You and Creator shall cooperate in good faith to resolve any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including with respect to the formation, applicability, breach, termination, validity or enforceability thereof (a "Dispute"). If the parties are unable to resolve a Dispute within ninety (90) days of notice of such Dispute being received by all parties, such Dispute shall be finally settled by Binding Arbitration (as defined below).

      Any Dispute not resolved within ninety (90) days shall be referred to and finally resolved by arbitration administered by arbitration administered in accordance with the international arbitration rules of the Creator's domicile (or local arbitration rules in the absence of the foregoing), as determined by the Creator, acting reasonably, which rules are deemed to be incorporated by reference in this Section 3.4. The seat of the arbitration shall be the Creator's domicile. The tribunal shall consist of 1 arbitrator, who shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. The language to be used in the arbitral proceedings shall be English. The arbitration award shall be final and binding on the parties ("Binding Arbitration"). The parties undertake to carry out any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. You and Creator will each pay their respective attorneys’ fees and expenses.

      These Terms and any action related thereto will be governed by the laws of the Creator's domicile, without regard to its conflict of laws provisions. Any dispute arising out of or related to these Terms is personal to you and Creator and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Creator each agree that any claims may only be brought on an individual basis and not as a plaintiff or class member in any purported class or representative action or other proceeding in which a person attempts to resolve a dispute as a representative of another person or group of persons. Unless both you and Creator agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

NFT with Full non-exclusive Commercial Rights License (NFCR)

By acquiring lawful ownership to a non-fungible token ("NFT") associated with the NFT project made available under this NFT License ("NFCR") created by the owner or entity that has created this NFiniT ("Creator" or "we" or "our"), you agree to these NFT License Terms and Conditions (the "Terms"). When you lawfully own a NFiniT, you own all personal property rights to the NFT underlying the NFiniT (e.g., the right to freely sell, transfer, or otherwise dispose of that NFiniT). However, your rights to the associated artwork, photograph, images, video, content or other works of authorship linked to your specific NFiniT which was developed by Creator ("NFT Media") are only as outlined below.

1. NFT LICENSE GRANT

   1. NFT Media License. For as long as you lawfully own a NFiniT and subject to full payment of the purchase price and full respect of Creator's moral rights at all times, Creator grants you a non-exclusive, perpetual, revocable worldwide license under our copyrights to use, distribute, reproduce, display, perform, modify, and create derivative works of the specific NFT Media linked to your NFiniT for personal and commercial uses in all forms and formats and through all means whether known or unknown to date, with the right to sublicense such rights through multiple tiers of sublicensees subject to the limitations in Section 1.4, and Articles 2 and 3 of these Terms with Creator being a third party beneficiary to all such sublicenses with the ability to enforce such agreements. All uses shall contain in clear and visible characters the name of Creator as shown in the NFT Media. This license includes the right to display NFT Media as a profile picture, display on products or services using the NFT Media or NFT Media Derivatives (as defined below), display on sold merchandise, use in your original content, display in a physical or digital museum, on social networks, screensavers, for viewing on smart screens, in real conditions or in virtual environments and metaverses. All intellectual property rights in and to the NFT Media and any other intellectual property rights of Creator not expressly licensed herein are reserved by Creator. For the avoidance of doubt, (a) the right to "reproduce" is limited the right to reproduce the NFT Media only to the extent it is strictly necessary for the purpose of the license rights stated above; and this license explicitly excludes any other right to reproduce, copy, print or transfer the NFT Media by any means and on any form of support known or unknown to date; and (b) Creator retains the right to fully exploit, commercialize, transfer or sell NFT Media.

   2. Modifications and Derivative Works; Moral Right. We understand that you may want to create derivative works of the NFT Media ("Your NFT Media Derivatives") and we allow you to do so under the scope of the license granted above, provided that you shall procure that the name of Creator shall appear in clear and visible characters in association with the NFT Media, in all uses subject only to technical limitations (acknowledged by Creator) including without limitation those relating to virtual environments where it may not be technically feasible to allow such name to be indicated.

      However, you acknowledge and agree that (a) we may also create our own future derivatives of the NFT Media, (b) the subsequent lawful owner of the NFiniT may create its own derivatives of the NFT Media and (c) other owners of their own NFiniTs and the associated artwork, images, video, content or other works of authorship linked to such NFiniT ("Other NFiniT Media") may also create their own derivatives of the Other NFiniT Media (each of them "Other NFT Media Derivatives").

      These Other NFT Media Derivatives may be similar or identical to Your NFT Media Derivatives. Accordingly, on behalf of yourself and your heirs, successors and assigns, you irrevocably covenant and agree not to assert or bring any suit, claim, demand or challenge against (a) Creator or its past, present and future parents, affiliates or licensees (or any of their partners, members, employees, officers, directors, contractors, agents and equity holders) in connection with their use distribution, reproduction, display, perform, modification, and creation of derivative works of any NFT Media or any of their own Other NFT Media Derivatives or (b) any other NFiniT owner or its past, present and future parents, affiliates or licensees (or any of their partners, members, employees, officers, directors, contractors, agents and equity holders) in connection with the use distribution, reproduction, display, perform, modification, and creation of derivative works of the Other NFiniT Media or any of their Other NFT Media Derivatives. The foregoing is the case even if such Other NFT Media or Other NFT Media Derivatives is similar to or the same as any of Your NFT Media Derivatives that have been created by you.

   3. No Rights to Trademarks. Nothing in these Terms is meant to grant you any rights to any logos, trademarks, service marks, and trade dress associated with Creator or the NFiniTs ("Project Trademarks"). Unless you have our prior written approval, you may not use any Project Trademarks for any use that would require a license from us, including to register any domain names or social media accounts using any Project Trademarks, in any NFT Media Derivatives, or to advertise or promote any other products or services.
   4. Transfer and Sublicensing. The licenses granted in these Terms are non- transferrable, except that if you lawfully transfer ownership of your NFiniT, the license to the NFT Media in Section 1.1 to you shall terminate upon the effective date of such transfer, and such licenses will be assigned to the new owner of the NFiniT associated with such NFT Media. As a condition to sales, transfers or similar transactions of the NFiniTs, the transferee agrees upon the acquisition of the NFiniT that (a) the transferee is not a Restricted Party and (b) the transferee accepts these Terms. Because virtually all public blockchains are licensed under open source licenses, it is possible that the blockchain may fork, merge, or duplicate the original blockchain that initially recorded ownership of your NFiniT. In such case, any rights granted under these Terms to owners of any NFiniT will only be granted to the lawful owners of such NFiniT whose ownership is recorded on the mainnet version of the blockchain that is generally recognized and predominantly supported in the blockchain industry as the legitimate successor of the original blockchain (as determined in our sole discretion). Save as expressly provided herein, this license cannot be sublicensed.
   5. Third Party Content. The Creator hereby represents and warrants to you that all of the copyrights in the NFT Media are owned by the Creator, and does not contain (a) any artwork, images, video, content or other works of authorship, (b) logos, trademarks, service marks, or trade dress or rights of personality in which the relevant intellectual property rights are not owned by the Creator ("Third Party Content"), provided that the foregoing shall not apply if the Creator has obtained a license to such Third Party Content consistent with the licenses under this Agreement or the Creator has supplemented this NFT License with an additional license that governs your right to use such Third Party Content.
   6. Restrictions. You shall only use the NFiniT and all NFT Media (including all description narrative and/or contents of any kind posted in association with the sale of said NFT) as specifically shown in the NFT Media, strictly with no modification whatsoever (in this regard, changes in format, size, color, translation, etc. are prohibited) save for that strictly required to give effect to this license. Notwithstanding any of the above, (a) you may not use the NFT Media in any way that constitutes unlawful, defamatory, harassing, abusive, fraudulent, racist, hateful, vulgar, cruel, illegal or obscene, or that promotes any such activity, and (b) Creator shall retain the right to modify the NFT Media or the NFiniT for artistic, legal or technical reasons; it being understood that Creator may designate another entity such as the operator of the "NFiniTi" platform or other entity or committee with delegated governance functions to make this determination in Creator’s place, in which case Creator will be bound by that other entity’s decision. You shall not be permitted to fractionalize your NFiniT, whereby the NFiniT is fractionalized via interactions with smart contracts deployed on any blockchain network or other technical tool into smaller ownership interests (which may be represented by other tokens), each representing a share in the whole NFiniT, whether or not such fractions are tradeable. In order to purchase the NFiniT if you are an individual, you must be 18 years of age or older if the age of lawfully capacity of forming binding contracts is older in the relevant jurisdiction. If you are an entity, the individual agreeing to the Terms must have the legal authority to bind the entity. If (a) you are an individual, you agree on your own behalf and (b) if you are an entity, you agree that neither the entity nor any of your owners or investors or any of their directors, officers, employees, agents or affiliates acting on your behalf: (i) is related in any way to, the governments of, or any persons within, any country or jurisdiction under a U.S. embargo enforced by the Office of Foreign Assets Control ("OFAC"), or any persons who are named on any list of sanctioned individuals or entities; (ii) is (or has ever been) prohibited from the transaction pursuant to U.S. anti-money laundering, anti-terrorist, economic sanctions and asset control laws; and (iii) is resident in a country or jurisdiction under a U.S. embargo enforced by OFAC ("Restricted Parties").

2. DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION

   1. Disclaimers. YOUR ACCESS TO AND USE OF THE NFINIT AND NFT MEDIA IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CREATOR, ITS PARENTS, AFFILIATES, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, LICENSORS AND EQUITYHOLDERS (THE "CREATOR ENTITIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT IN THE NFINITS AND NFT MEDIA. THE CREATOR ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, ORIGINALITY, SECURITY OR RELIABILITY OF THE NFINITS AND NFT MEDIA; (B) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM, DEVICE, BLOCKCHAIN, DIGITAL WALLET, HARDWARE OR MARKETPLACE; AND (C) WHETHER THE NFINITS AND NFT MEDIA WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; AND (D) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT THE NFINITS AND NFT MEDIA. THE NFINITS AND NFT MEDIA ARE INTENDED FOR CONSUMER ENJOYMENT, USE AND CONSUMPTION ONLY.
   2. Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE CREATOR ENTITIES BE LIABLE (A) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE NFINIT OR THE NFT MEDIA), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE NFINITS AND NFT MEDIA OR THESE TERMS AND WHETHER IN CONTRACT, PRODUCT LIABILITY OR TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, EVEN IF THE CREATOR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE NFINITS AND NFT MEDIA. THE MAXIMUM AGGREGATE LIABILITY OF THE CREATOR ENTITIES FOR ALL DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) $1,000 OR (II) THE AMOUNT YOU PAID FOR YOUR NFINIT. SOME JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
   3. Assumption of Risk. THE VALUE OF THE NFINITS IS SUBJECTIVE, HAVE NO INHERENT VALUE AND THEREFORE CAN BE VOLATILE. YOU AGREE TO ASSUME ALL RISK ASSOCIATED WITH THE USE AND VALUE OF THE NFINIT AND NFT MEDIA.
   4. Fundamental Elements. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE CREATOR ENTITIES AND YOU.
   5. Indemnification. By entering into these Terms and accessing or using the NFiniTs or NFT Media, you agree that you shall defend, indemnify and hold the Creator Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Creator Entities arising out of or in connection with: (i) your violation or breach of any term of these Terms or any applicable law or regulation; (ii) your violation of any rights of any third party; (iii) your access to or use of the NFiniT or NFT Media; (iv) any modifications to or derivative works of the NFT Media you create, or (v) any fraud, negligence or wilful misconduct committed by you. For these limited purposes, the Creator Entities (other than the Creator) are third party beneficiaries of the Terms.

3. ADDITIONAL PROVISIONS

   1. Additional Features. Creator may choose to make additional features, access, content, items or other benefits available to owners of NFiniTs ("Additional Features"). Creator has no duty or obligation to provide you with any Additional Features, and you should not expect any Additional Features when acquiring an NFiniT. Additional Features may be subject to additional terms and conditions, which may be presented to you at the time they are made available. Additional Features shall not be merchantable nor will they have any use, value or market price.
   2. Termination of License. If you materially breach any of the provisions of these Terms, Creator may terminate all of the licenses granted to you under these Terms. Creator will use commercially reasonable efforts to provide you with notice of such termination, though for the avoidance of doubt your licenses shall terminate regardless of whether such notice is actually received. Upon the termination of your licenses, you shall cease all use of the rights granted in Article 1, including, without limitation, ceasing all marketing, distribution, or sale of goods, services and media that feature the NFT Media and shall cease all further use of the NFT Media (including any NFT Media Derivatives), and all sublicenses you have granted in the NFT Media shall automatically terminate. The following sections shall survive the termination of these Terms and shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Creator or you: Sections 1.3, 1.4, 1.6, 2.1, 2.2, 2.3, 2.4, 2.5, 3.3 and 3.4. Termination will not limit any of Creator’s other rights or remedies at law or in equity.
   3. Miscellaneous. These Terms constitute the entire and exclusive understanding and agreement between Creator and you regarding the NFiniT and NFT Media and supersedes and replaces any and all prior oral or written understandings or agreements between Creator and you regarding the NFiniT and NFT Media. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be freely assigned by Creator. Any purported assignment in violation of these Terms will be null and void. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

   4. Governing Law & Arbitration. You and Creator shall cooperate in good faith to resolve any dispute, controversy or claim arising out of, relating to or in connection with these

      Terms, including with respect to the formation, applicability, breach, termination, validity or enforceability thereof (a "Dispute"). If the parties are unable to resolve a Dispute within ninety (90) days of notice of such Dispute being received by all parties, such Dispute shall be finally settled by Binding Arbitration (as defined below).

      Any Dispute not resolved within ninety (90) days shall be referred to and finally resolved by arbitration administered by arbitration administered in accordance with the international arbitration rules of the Creator's domicile (or local arbitration rules in the absence of the foregoing), as determined by the Creator, acting reasonably, which rules are deemed to be incorporated by reference in this Section 3.4. The seat of the arbitration shall be the Creator's domicile. The tribunal shall consist of 1 arbitrator, who shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. The language to be used in the arbitral proceedings shall be English. The arbitration award shall be final and binding on the parties ("Binding Arbitration"). The parties undertake to carry out any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. You and Creator will each pay their respective attorneys’ fees and expenses.

      These Terms and any action related thereto will be governed by the laws of the Creator's domicile, without regard to its conflict of laws provisions. Any dispute arising out of or related to these Terms is personal to you and Creator and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Creator each agree that any claims may only be brought on an individual basis and not as a plaintiff or class member in any purported class or representative action or other proceeding in which a person attempts to resolve a dispute as a representative of another person or group of persons. Unless both you and Creator agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over NFCR any form of a consolidated, representative, or class proceeding.

Terms and Conditions of NFiniT Membership Pass

By acquiring lawful ownership to a non-fungible token ("NFT") associated with the specific membership rights and privileges ("NFiniT Membership Pass") made available by NFiniTi Pte. Ltd. ("Creator" or "we" or "our"), you agree to these Terms and Conditions of NFiniT Membership Pass (these "Terms"). When you lawfully own a specific NFiniT Membership Pass, you own all personal property rights to the NFT itself, which is a record on the relevant blockchain network recording the current state of ownership transfers of the specific associated NFiniT Membership Pass (e.g. you may freely sell, transfer, or otherwise dispose of such NFT). However, your membership rights and privileges as well as rights to the associated artwork, photograph, images, video, content or other works of authorship linked to your specific NFiniT Membership Pass which was developed by Creator ("NFT Media") are only as outlined below.

1. OWNERSHIP OF NFINIT MEMBERSHIP PASS

   1. 1.1 Ownership. The owner of NFiniT Membership Pass is responsible for its security against theft, fraud, deception, scam or other causes of loss. Notwithstanding any of the provisions herein, any loss of NFiniT Membership Pass does not absolve the owner against liability under these Terms.
   2. Unlawful Acquisition. Any unlawful or unauthorised acquisition of NFiniT Membership Pass, including through theft, fraud, deception, scam or otherwise, will not permit the holder to any of the rights, privileges and licences described herein. Where appropriate, the Creator reserves the right to take action against a party who has acquired NFiniT Membership Pass through unlawful means.
   3. Contact Details. Holders of NFiniT Membership Pass are required to register and provide contact details in order to gain access to the rights, privileges and licences described herein.
   4. Transfer and Sublicensing. The rights, privileges and licenses granted in these Terms are non-transferrable, except that if you lawfully transfer ownership of your NFiniT Membership Pass, the associated rights, privileges and licenses to you shall terminate upon the effective date of such transfer, and such rights, privileges and licenses will be assigned to the new owner of the NFiniT Membership Pass. As a condition to sales, transfers or similar transactions of the NFiniT Membership Pass, the transferee agrees upon the acquisition of the NFiniT Membership Pass that (a) the transferee is not a Restricted Party and (b) the transferee accepts these Terms. Because virtually all public blockchains are licensed under open source licenses, it is possible that the blockchain may fork, merge, or duplicate the original blockchain that initially recorded ownership of your NFiniT Membership Pass. In such case, any rights granted under these Terms to owners of any NFiniT Membership Pass will only be granted to the lawful owners of such NFiniT Membership Pass whose ownership is recorded on the mainnet version of the blockchain that is generally recognized and predominantly supported in the blockchain industry as the legitimate successor of the original blockchain (as determined in our sole discretion). Save as expressly provided herein, this license cannot be sublicensed.

   5. Trading of NFiniT Membership Pass. The NFiniT Membership Pass can be traded on a variety of secondary marketplaces. If you wish to trade your NFiniT Membership Pass on a marketplace, it is important that you carefully consider and accept the following risks:

      1. the value of NFiniT Membership Pass can be volatile and may increase or decrease sharply;
      2. capital gains tax may be payable on the proceeds of sale of NFiniT Membership Pass;
      3. NFiniT Membership Pass do not carry rights like normal financial instruments or security tokens;
      4. the Creator makes no representation or guarantee about the value of NFiniT Membership Pass, either now or in the future; and
      5. the Creator excludes and disclaims any liability or responsibility to you for any losses you may incur in respect of any sale or purchase by you of NFiniT Membership Pass.

2. NATURE OF RIGHTS AND PRIVILEGES

   1. Subject to change. You understand and accept that the NFiniT Membership Pass is a novel program, which aims to grant the holder access to a variety of interesting experiences through collaborations with third parties. The terms of these collaborations may change, be replaces, or terminated from time to time, and accordingly the rights and privileges set out herein are subject to change at any time at the Creator's discretion without prior notice. Therefore, please check the "nfiniti.art" website regularly for updates to your membership rights and privileges. In particular, you agree that you shall not have any claim against the Creator for any changes to membership rights and privileges where the Creator uses reasonable commercial efforts to procure comparable access.

   2. Additional Creator Rights. In addition to its various other rights noted in these Terms, the Creator reserves the right in its absolute discretion to take any of the following actions without incurring any liability to you for any damage, loss, or expense that you may suffer as a result:

      1. make NFiniT Membership Pass or similar membership services available on different platforms and websites from time to time;
      2. sub-contract or otherwise engage alternative third party service providers in the provision of Membership rights and privileges from time to time;
      3. issue additional terms and conditions applicable to specific NFiniT Membership Passes and/or specific Membership rights and privileges from time to time; and
      4. run other loyalty, rewards or membership programmes alongside the NFiniT Membership Pass from time to time.
   3. Independent parties. Notwithstanding the acquisition of any NFiniT Membership Pass or any of the provisions herein, the parties shall be deemed to be independent contractors and nothing in these Terms create any agency, partnership, joint venture or any similar relationship, nor cause the parties to be deemed acting in concert in any respect.
   4. Membership Rights and Privileges. NOTWITHSTANDING ANY OF THE PROVISIONS HEREIN, All MEMBERSHIP RIGHTS AND PRIVILEGES, WHETHER PHYSICAL OR EXPERIENTIAL, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AT YOUR SOLE RISK, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, FOR EXAMPLE, WITH RESPECT TO MERCHANTABILITY, TITLE, VALUE, NONINFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY, LEGALITY, VALUE, ACCURACY, CONTENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AMONG OTHERS. Where the membership rights and privileges comprises any intellectual property rights or services, the same grants and restrictions as described in this license shall apply to such intellectual property or services, mutatis mutandis.
   5. Rules of conduct and policies. The Creator shall have the right to establish rules of conduct or policies in connection with NFiniT Membership Pass and attendance at events or experiences, which may be notified to the holders of NFiniT Membership Pass from time to time (in particular, holders of NFiniT Membership Pass shall conduct themselves in their relations with the Creator and other holders of NFiniT Membership Pass, or their invitees, or the general public, in a socially responsible, dignified and polite manner). In the event that any NFT holder violates these Terms or said rules of conduct or policies, the Creator reserves the right to revoke all or part of the rights and privileges associated with the associated NFiniT Membership Pass.
   6. No endorsement or advice. All membership rights and privileges, whether physical or experiential, are not intended to be an endorsement of any artist, product, project, experience, or brand (or similar terms); and the Creator makes no recommendation, nor does it provide any investment advice in connection with any of the foregoing, or otherwise as a result of holding or owning the NFiniT Membership Pass.
   7. Cessation of rights. In the event of dissolution, liquidation or winding-up of the Creator, all Membership rights and privileges shall cease, notwithstanding that the NFT itself remains the property of the holder at such time.

3. NFINIT MEMBERSHIP RIGHTS AND PRIVILEGES

   1. Welcome gifts. The owner of a NFiniT Membership Pass shall be entitled to receive a "welcome gift" in the form of such goods and/or services, whether physical or experiential, as determined by the Creator in each particular case, in each case strictly subject to prevailing market conditions and/or technical limitations/specifications of the NFT Media. This right may only be exercised once, either by the first buyer of the NFiniT Membership Pass or by a subsequent owner of NFiniT Membership Pass (if it has not been already used). This is a right and does not mean that the owner of a NFiniT Membership Pass will necessarily receive a welcome gift (such a gift is at the discretion of the Creator).

   2. Membership Tiers. There are different Tiers of NFiniT Membership Passes, with each Tier carrying a different purchase price and entitling the holder to a different set of rights and privileges. The Creator reserves the right to introduce additional Tiers, rename the Tiers, adjust the maximum number of NFiniT Membership Passes for each Tier, or add, remove or modify the rights and privileges associated with each Tier from time to time. As at the date hereof, it is anticipated that there would be three Tiers of NFiniT Membership Passes: Ferric, Iridium and Platinum. The maximum number of NFiniT Membership Passes issued for each Tier is as follows:

      1. Ferric Tier – 240
      2. Iridium Tier – 50
      3. Platinum Tier – 10

   3. Access to NFiniT token sales. Depending on the Membership Tier, holders of a NFiniT Membership Pass would enjoy early access to selected NFiniT token sales in connection with premium collections curated by the Creator. The early access period for each Tier is as follows:

      1. Ferric Tier – 24 hours before the selected NFiniT token sale is open to the public
      2. Iridium Tier – 48 hours before the selected NFiniT token sale is open to the public
      3. Platinum Tier – 72 hours before the selected NFiniT token sale is open to the public
   4. Access to Events. Holders of a NFiniT Membership Passes could receive access to certain events curated at the discretion of the Creator.
   5. Membership Experiences. Holders of a NFiniT Membership Passes could receive access (typically these invitations could be extended to the holder as well as one other person of their choice) to special experiences / events / visits / tours organised by various artists collaborating with the Creator. For the avoidance of doubt, each experience / event / visit / tour is different and depending on the prevailing market conditions, participants would typically be required to pay certain fees in order to participate.
   6. Participation in events or experiences. Available events and membership experiences will be notified by the Creator to holders of NFiniT Membership Passes from time to time. Some events or experiences may only be available during certain limited time periods, or may be for limited spaces requiring a ballot, application or invitation process (conducted at the discretion of Creator); accordingly you accept and acknowledge that owning a NFiniT Membership Pass does not guarantee access to all events. In some instances, the Creator may extend special invitations for certain specific individuals to attend these events or experiences.
   7. Risk of attendance. Attendance at any events or experiences are strictly at the risk of the holder of NFiniT Membership Pass. Creators attend such events voluntarily, and there shall be a direct contractual arrangement / relationship between the organiser of and the holder of NFiniT Membership Pass, which the Creator is not a party to and has no responsibility or liability for. In no circumstances shall the Creator be responsible or liable for any damage, loss, expense or injury (including personal injury or death) suffered by holders of NFiniT Membership Pass arising from such events or experiences organised by the relevant third party.

4. CONFIDENTIALITY

   1. Contact information.

      You agree and acknowledge that any personal contact information provided to the Creator may be used from time to time to contact holders of NFiniT Membership Passes, and communicate information such as upcoming events or experiences, or changes to these Terms.

   2. Confidentiality.

      All communication and correspondence between you and the Creator (whether regarding NFiniT token sales, any shared information or websites, offers or invitations, events or experiences, or otherwise) is intended solely for holders of NFiniT Membership Passes, and shall be deemed to be confidential information. Save as expressly permitted by the Creator, holders of NFiniT Membership Passes are strictly prohibited from disclosing any such communication or correspondence with any other party.

5. NFT LICENSE GRANT

   1. NFT Media License. For as long as you lawfully own a NFiniT Membership Pass and subject to full payment of the purchase price and full respect of Creator's moral rights at all times, Creator grants you a non-exclusive, perpetual, revocable worldwide license under our copyrights to use, distribute, reproduce, display, and perform (but not modify) the specific NFT Media (in the form exactly as shown in the NFiniT Membership Pass without any form of adaptation or modification of any kind, for example those relating to format, size, cropping, add-ons, colors, translations) linked to your NFiniT Membership Pass for personal, non-commercial uses, with the right to sublicense such rights solely to third parties to enable the right to display the NFT Media, with Creator being a third party beneficiary to all such sublicenses with the ability to enforce such agreements. All uses shall contain in clear and visible characters the name of Creator as shown in the NFT Media. This license includes the right to display NFT Media as a profile picture, on social networks, screensavers, for viewing on smart screens, in real conditions or in virtual environments and metaverses. All intellectual property rights in and to the NFT Media and any other intellectual property rights of Creator not expressly licensed herein are reserved by Creator. For the avoidance of doubt: (a) the wording "personal, non-commercial uses" explicitly excludes any use of the NFT Media likely to produce to the owner of NFiniT Membership Pass any direct or indirect financial benefits or income, including any use to promote and/or advertise directly or indirectly any of his/her professional and/or commercial activities; (b) the right to "reproduce" is limited the right to reproduce the NFT Media only to the extent it is strictly necessary for the purpose of the licence rights stated above; and this license explicitly excludes any other right to reproduce, copy, print or transfer the NFT Media by any means and on any form of support known or unknown to date; and (c) Creator retains the right to fully exploit, commercialise, transfer or sell NFT Media.
   2. Moral Right. You shall procure that the name of Creator shall appear in clear and visible characters in association with the NFT Media, in all uses subject only to technical limitations (acknowledged by Creator) including without limitation those relating to virtual environments where it may not be technically feasible to allow such name to be indicated.
   3. No Rights to Trademarks. Nothing in these Terms is meant to grant you any rights to any logos, trademarks, service marks, and trade dress associated with Creator or the NFiniT Membership Pass ("Project Trademarks"). Unless you have our prior written approval, you may not use any Project Trademarks for any use that would require a license from us, including to register any domain names or social media accounts using any Project Trademarks or to advertise or promote any other products or services.
   4. Third Party Content. The Creator hereby represents and warrants to you that all of the copyrights in the NFT Media are owned by the Creator, and does not contain (a) any artwork, images, video, content or other works of authorship, (b) logos, trademarks, service marks, or trade dress or rights of personality in which the relevant intellectual property rights are not owned by the Creator ("Third Party Content"), provided that the foregoing shall not apply if the Creator has obtained a license to such Third Party Content consistent with the licenses under this Agreement or the Creator has supplemented this NFT License with an additional license that governs your right to use such Third Party Content.
   5. Restrictions. You shall only use the NFiniT Membership Pass and all NFT Media (including all description narrative and/or contents of any kind posted in association with the sale of said NFT) as specifically shown in the NFT Media, strictly with no modification whatsoever (in this regard, changes in format, size, colour, translation, etc. are prohibited) save for that strictly required to give effect to this license. Notwithstanding any of the above, (a) you may not use the NFT Media in any way that constitutes unlawful, defamatory, harassing, abusive, fraudulent, racist, hateful, vulgar, cruel, illegal or obscene, or that promotes any such activity, and (b) Creator shall retain the right to modify the NFT Media or the NFiniT Membership Pass for artistic, legal or technical reasons, including without limitation marking certain NFTs as "tampered" or "stolen", or blocking further transfers or said NFTs if a previous owner reasonably proves that the same has been stolen, in each case as determined in Creator’s sole discretion, it being understood that Creator may designate another entity such as a decentralized autonomous organization ("DAO"), or committee of a DAO, or the operator of a third party platform or other entity to make this determination in Creator’s place, in which case Creator will be bound by that other entity’s decision. You shall not be permitted to fractionalize your NFiniT Membership Pass, whereby the NFiniT Membership Pass is fractionalized via interactions with smart contracts deployed on any blockchain network or other technical tool into smaller ownership interests (which may be represented by other tokens), each representing a share in the whole NFiniT Membership Pass, whether or not such fractions are tradeable. In order to purchase the NFiniT Membership Pass if you are an individual, you must be 18 years of age or older if the age of lawfully capacity of forming binding contracts is older in the relevant jurisdiction. If you are an entity, the individual agreeing to these Terms must have the legal authority to bind the entity. If (a) you are an individual, you agree on your own behalf and (b) if you are an entity, you agree that neither the entity nor any of your owners or investors or any of their directors, officers, employees, agents or affiliates acting on your behalf: (i) is related in any way to, the governments of, or any persons within, any country or jurisdiction under a U.S. embargo enforced by the Office of Foreign Assets Control ("OFAC"), or any persons who are named on any list of sanctioned individuals or entities; (ii) is (or has ever been) prohibited from the transaction pursuant to U.S. anti-money laundering, anti-terrorist, economic sanctions and asset control laws; and (iii) is resident in a country or jurisdiction under a U.S. embargo enforced by OFAC ("Restricted Parties").

6. DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION

   1. Disclaimers. YOUR ACCESS TO AND USE OF THE NFINIT MEMBERSHIP PASS AND NFT MEDIA IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CREATOR, ITS PARENTS, AFFILIATES, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, LICENSORS AND EQUITYHOLDERS (THE "CREATOR ENTITIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT IN THE NFINIT MEMBERSHIP PASS AND NFT MEDIA. THE CREATOR ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, ORIGINALITY, SECURITY OR RELIABILITY OF THE NFINIT MEMBERSHIP PASS AND NFT MEDIA; (B) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM, DEVICE, BLOCKCHAIN, DIGITAL WALLET, HARDWARE OR MARKETPLACE; AND (C) WHETHER THE NFINIT MEMBERSHIP PASS OR NFT MEDIA WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; AND (D) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT THE NFINIT MEMBERSHIP PASS AND NFT MEDIA. THE NFINIT MEMBERSHIP PASS AND NFT MEDIA ARE INTENDED FOR CONSUMER ENJOYMENT, USE AND CONSUMPTION ONLY.
   2. Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE CREATOR ENTITIES BE LIABLE (A) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE NFINIT MEMBERSHIP PASS OR THE NFT MEDIA), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE NFINIT MEMBERSHIP PASS AND NFT MEDIA OR THESE TERMS AND WHETHER IN CONTRACT, PRODUCT LIABILITY OR TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, EVEN IF THE CREATOR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE NFINIT MEMBERSHIP PASS AND NFT MEDIA. THE MAXIMUM AGGREGATE LIABILITY OF THE CREATOR ENTITIES FOR ALL DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) $500 OR (II) THE AMOUNT YOU PAID FOR YOUR NFINIT MEMBERSHIP PASS. SOME JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
   3. Assumption of Risk. THE VALUE OF THE NFINIT MEMBERSHIP PASS IS SUBJECTIVE, HAVE NO INHERENT VALUE AND THEREFORE CAN BE VOLATILE. YOU AGREE TO ASSUME ALL RISK ASSOCIATED WITH THE USE AND VALUE OF THE NFINIT MEMBERSHIP PASS AND NFT MEDIA.
   4. Fundamental Elements. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE CREATOR ENTITIES AND YOU.
   5. Indemnification. By entering into these Terms and accessing or using the NFiniT Membership Pass or NFT Media, you agree that you shall defend, indemnify and hold the Creator Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Creator Entities arising out of or in connection with: (i) your violation or breach of any term of these Terms or any applicable law or regulation; (ii) your violation of any rights of any third party; (iii) your access to or use of the NFiniT Membership Pass or NFT Media; or (iv) any fraud, negligence or wilful misconduct committed by you. For these limited purposes, the Creator Entities (other than the Creator) are third party beneficiaries of these Terms.

7. Feedback and Complaints

   We are committed to assisting you with any concerns you may have. Feedback/complaint forms are available from the Creator's webpage at https://www.nfiniti.art/, and we will endeavour to contact you within fourteen (14) days to discuss and resolve your complaint.

8. ADDITIONAL PROVISIONS

   1. Termination of License. If you materially breach any of the provisions of these Terms, Creator may terminate all of the licenses granted to you under these Terms. Creator will use commercially reasonable efforts to provide you with notice of such termination, though for the avoidance of doubt your licenses shall terminate regardless of whether such notice is actually received. Upon the termination of your licenses, you shall cease all use of the rights granted under these Terms and shall cease all further use of the NFiniT Membership Pass, associated rights and privileges, and NFT Media, and all sublicenses you have granted in the NFT Media shall automatically terminate. The following sections shall survive the termination of these Terms and shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Creator or you: Sections 2.2, 4, 5.3, 5.4, 5.5, 6.1, 6.2, 6.3, 6.4, 6.5, 8.2 and 8.3. Termination will not limit any of Creator’s other rights or remedies at law or in equity.
   2. Miscellaneous. These Terms constitute the entire and exclusive understanding and agreement between Creator and you regarding the NFiniT Membership Pass and NFT Media and supersedes and replaces any and all prior oral or written understandings or agreements between Creator and you regarding the NFiniT Membership Pass and NFT Media. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be freely assigned by Creator. Any purported assignment in violation of these Terms will be null and void. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Neither party will be liable for nonperformance of its contractual obligations if such non-performance is due to the occurrence of a force majeure event.

   3. Governing Law & Arbitration. You and Creator shall cooperate in good faith to resolve any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including with respect to the formation, applicability, breach, termination, validity or enforceability thereof (a "Dispute"). If the parties are unable to resolve a Dispute within ninety (90) days of notice of such Dispute being received by all parties, such Dispute shall be finally settled by Binding Arbitration (as defined below).

      Any Dispute not resolved within ninety (90) days shall be referred to and finally resolved by arbitration administered by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this Section 8.3. The seat of the arbitration shall be Singapore. The tribunal shall consist of 1 arbitrator, who shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. The language to be used in the arbitral proceedings shall be English. The arbitration award shall be final and binding on the parties ("Binding Arbitration"). The parties undertake to carry out any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. You and Creator will each pay their respective attorneys’ fees and expenses.

      These Terms and any action related thereto will be governed by the laws of Singapore, without regard to its conflict of laws provisions. Any dispute arising out of or related to these Terms is personal to you and Creator and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Creator each agree that any claims may only be brought on an individual basis and not as a plaintiff or class member in any purported class or representative action or other proceeding in which a person attempts to resolve a dispute as a representative of another person or group of persons. Unless both you and Creator agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.