TERMS & CONDITIONS FOR THE NFTKUNSTBEHEER NFT COLLECTION OFFERING 

Platform Terms And Conditions

1 Introduction

Welcome to the NFTKunstBeheer Platform, owned and operated by NFTKunstBeheer – Multiporium (“NFTKunstBeheer”, “we”, “us” or “our”). These terms and conditions (these “Terms”) set out the terms on which we offer you access to and use of the NFTKunstBeheer Platform. You hereby confirm that you understand and agree to comply with these Terms, together with any documents that may be expressly referred to and are incorporated by reference herein, including, but not limited to, the Sales Terms and Conditions (the “Sales Terms”) of any individual NFT (if applicable).

BY PARTICIPATING IN THIS OFFERING, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN AND ALL OF THE TERMS OF SERVICE INCLUDED AS PART OF OZONE NETWORKS, INC D/B/A OPENSEA https://opensea.io/tos (the “OpenSea Terms of Service”). If you do not agree to the terms of this Agreement, as well as the OpenSea Terms of Service, you may not participate in the Offering. 

By entering into this Agreement, and/or by you participating in the NFTKunstBeheer  offering, you expressly acknowledge that you understand this Agreement and accept all of its terms These Terms constitute a legal agreement between you and NFTKunstBeheer and govern your access to and use of the NFTKunstBeheer Platform, including any content, functionality, and services offered on or through the NFTKunstBeheer Platform (collectively, the “Services”). References to “you” or “your” mean you as an individual user of the NFTKunstBeheer Platform.

THE NFTKUNSTBEHEER IS A PLATFORM. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. THE NFTKUNSTBEHEER PLATFORM FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF NFTs OR BETWEEN ANY USERS.

NFTKunstBeheer reserves the right to change or modify these Terms at any time and at our sole discretion by posting a notification to the NFTKunstBeheer website. Any changes to or modifications of these Terms will be in effect as of the “Last Updated Date” referred to [at the top of this page]. You should review these Terms before using the NFTKunstBeheer Platform or any Services available thereunder.

You agree and understand that by accessing or using the NFTKunstBeheer Platform after the “Last Updated Date” and following any change to these Terms, you are regarded as having accepted and agreed to the revised Terms.

By using the NFTKunstBeheer Platform, you affirm that you are of legal age (18+) to enter into these Terms, and you accept and are bound by these Terms. You affirm that if you are using the NFTKunstBeheer Platform on behalf of an organisation or company, you have the legal authority to bind any such organisation or company to these Terms.

You may not use the NFTKunstBeheer Platform if you: (i) do not agree to these Terms; (ii) are not of the age of majority in your jurisdiction of residence; or (iii) are prohibited from accessing or using the NFTKunstBeheer Platform or any of its contents, products or services by applicable law.

2 Definitions

In these Terms, the following capitalised terms will have the following meanings:

“Art” means any art, graphics, images, designs, logos, taglines, and drawings that may be associated with an NFT in which NFTKB wholly owns or part owns the Licensed Rights. 

NFT” means a unique non-fungible token, implemented on the OpenSea  or other 3rd party blockchains using smart contracts and offered for auction, sale, or trade on the NFTKunstBeheerPlatform.

Own” means, with respect to an NFT, an NFT that you have purchased or otherwise rightfully acquired from a legitimate source in accordance with the Sales Terms, where proof of such purchase is recorded on the OpenSea  or other 3rd party blockchain networks.

Purchased NFT” means an NFT that you Own.

Purchaser” means the buyer of an NFT in a transaction conducted via the NFTKunstBeheer Platform.

Seller” means the seller of a Purchased NFT in a transaction conducted via the NFTKunstBeheer Platform.

Third Party IP” means any third-party intellectual property or intellectual property rights, including, but not limited to, patents, patent applications and disclosures, copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognised in any country or jurisdiction in the world.

we/us/our/NFTKunstBeheer” means NFTKunstBeheer  – Multiporium

you/your” means the user of the NFTKunstBeheer Platform.

NFTKunstBeheer Platform” means this website and its media channels (together with its contents, all sub-websites and all sub-media channels).

3 Eligibility

NFTKunstBeheer retains the sole and absolute discretion to allow or disallow your access to the NFTKunstBeheer Platform.

By agreeing to these Terms, you represent and warrant that:

(i) You are at least 18 years of age (or the minimum age required in your jurisdiction of residence to use the NFTKunstBeheer Platform);

(ii) You have the full right, power, and authority to agree to these Terms;

(iii) You are not subject to any financial sanctions, embargoes or other restrictive measures imposed by the United Nations, the European Union (EU), any EU country, the UK Treasury or the US Office of Foreign Assets Control (OFAC), or any governmental authority in any jurisdiction in which the NFTKunstBeheer Platform is available (collectively, “Sanctions”);

(iv) You are not impersonating any other person;

(v) You will not use the NFTKunstBeheer Platform if any applicable laws in your country of residence prohibit you from doing so in accordance with these Terms;

(vi) You have a cryptocurrency wallet capable of supporting and accepting an NFT; and

(vii)You are compliant with all applicable laws, rules and regulations to which you are subject.

4 Account Set-up and Security

4.1 Account Registration

You may be required to create an account (“Account”) to use a 3rd party services via a link on the NFTKunstBeheer Platform . To create an Account, we will require you to provide certain registration information about yourself. and we may, in our sole discretion, require you to provide further information and/or documents at any stage during your use of these 3rd party services.. By creating an Account, you agree to provide accurate, current and complete registration information about yourself and to maintain and promptly update your account information as necessary. They may, at their sole discretion, refuse, decline, suspend or disable your access to or use of these 3rd party services and the NFTKunstBeheer Platform or your NFTKB Account offers you no rights to any 3rd party services linked through the NFTKunstBeheer Platform

4.2 Account Security

You are responsible for the security of your Account and your electronic wallet, and you agree to accept responsibility for all activities that occur under your Account. You must not share your login information or other security related information with any other person or allow any other person access to your Account

5 Purchase, Sale and Trade of NFTs

5.1 NFT Transactions

The NFTKunstBeheer NFT Platform allows you to sell, purchase, collect and showcase view our NFTs on the OpenSea  or other 3rd party blockchains. Such transactions will be governed by, and conducted in accordance with, the individual Sales Terms applicable to each such transaction.

5.2 Transaction Format

Transactions may occur in one of two formats: (a) a Fixed Price Sale; or (b) an Auction, each as described and defined below:

(a) Fixed Price Sales. You may enter into a fixed price sale transaction whereby the Seller of the NFT shall list such NFT for sale at a fixed sale price and the Purchaser may enter into a legally binding agreement to purchase such NFT by committing to buy the NFT at the specified sale price, which offer from the Purchaser to buy the NFT is accepted by the Seller (a “Fixed Price Sale”).

(b) Auctions. You may enter into an auction transaction whereby the Seller of the NFT shall list such NFT for sale on the via an auction process as described in Section 5.4 (an “Auction” and, together with a Fixed Price Sale, each a “Sale”).

In connection with a Sale of an NFT, whether by Fixed Price Sale or Auction, the Seller may set (a) the price of the NFT in any amount in United States Dollars (USD), or any other currencies (whether fiat currency or cryptocurrency) as available on the OpenSea  or other 3rd party blockchains and (b) the number of days for which the Fixed Price Sale offer or the Auction for the NFT will remain open (the “Sales Period”). In the event that there is no successful Purchaser of the NFT within the Sales Period set by the seller, the NFT will remain unsold and the Sale will be closed on the last day of the Sales Period.

6 Changes to the NFTKunstBeheer Platform

6.1 Changes to the NFTKunstBeheer Platform

We may, in our absolute and sole discretion, change, update, amend, remove, or discontinue any feature or functionality of the NFTKunstBeheer Platform, the Services rendered thereunder and the Content with respect thereto at any time without prior notice to you. By continuing to access or use the NFTKunstBeheer Platform following any such changes to the NFTKunstBeheer Platform, the Services or the Content taking effect, you will be deemed to have accepted and agreed to such updated NFTKunstBeheer Platform, Services and Content.

7 Your Use of the NFTKunstBeheer Platform and Conduct

7.1

YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILE ACCESSING OR USING THE NFTKUNSTBEHEER PLATFORM OR YOUR ACCOUNT, AND FOR ANY CONSEQUENCES THEREOF. YOU AGREE TO USE THE NFTKUNSTBEHEER PLATFORM OR YOUR ACCOUNT AT YOUR OWN RISK AND ONLY FOR PURPOSES THAT ARE LEGAL PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY APPLICABLE LAWS OR REGULATIONS.

7.2 Terms of Use; Prohibited Activities

We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the NFTKunstBeheer Platform and the Services offered thereunder in accordance with these Terms. Our grant of such license is subject to the following conditions. When using the NFTKunstBeheer Platform and the Services offered thereunder, you acknowledge, agree, warrant and undertake not to (and shall not, knowingly or otherwise, authorise, allow or assist any other party to):

(a) use the NFTKunstBeheer Platform or your Account to perform any unlawful activities that violate such applicable laws or regulations (including but not limited to money laundering, terrorism financing and/or fraudulent activities) or otherwise engage in any immoral activities;

(b) use the NFTKunstBeheer Platform or your Account if you are not 18 years old (or the minimum age required in your jurisdiction of residence to use the NFTKunstBeheer Platform), or are temporarily or indefinitely suspended from using the NFTKunstBeheer Platform, or are a person with whom transactions are prohibited under economic or trade sanctions or embargos;

(c) use the NFTKunstBeheer Platform or your Account for any commercial use (for example, any business (whether paid or unpaid), advertising, or marketing purposes);

(d) use the NFTKunstBeheer Platform or your Account to engage in any activity which operates to defraud NFTKunstBeheer or to provide any false, inaccurate, or misleading information;

(e) use the NFTKunstBeheer Platform or your Account without fully complying with all of our requests for additional information or documentation from you, which additional information or documentation shall be complete, truthful, accurate and reliable;

(f) use the NFTKunstBeheer Platform or your Account to conduct electronic spamming or otherwise distribute any unsolicited or unauthorised advertising, promotional or marketing material, junk or chain messages;

(g) use the NFTKunstBeheer Platform or your Account to upload content on the NFTKunstBeheer  Platform that contains or is infected with viruses, malicious codes, Trojan horses, is immoral or illegal or contains any other harmful or deleterious programmes or items of a destructive or deceptive nature;

(h) transfer your Account and the related login credentials to any other party without our prior written consent;

(i) modify or adapt, in whole or any part of, the NFTKunstBeheer Platform into any other programme or application;

(j) disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the NFTKunstBeheer Platform or any components thereof;

(k) use any robot, spider, crawler, scraper, script, deep link or other similar automated data gathering or extraction tool, program, algorithm or methodology to access, copy, modify or monitor the NFTKunstBeheer Platform;

(l) use the NFTKunstBeheer Platform or your Account in any manner that would cause you to infringe any content, copyright, trademark, patent, publicity, moral right, database or other intellectual property rights (collectively, the “Intellectual Property Rights”) that belong to or are licensed to us, our affiliates, or any third-party, and you undertake not to take or attempt to take any action, or claim ownership of any property, that infringes or would infringe upon our intellectual property interests;

(m) use the NFTKunstBeheer Platform or your Account in a way that could damage, disable, impair or compromise the NFTKunstBeheer Platform or interfere with other users or affect the reputation of NFTKunstBeheer;

(n) take any action that imposes an unreasonable or disproportionately large burden or load on the NFTKunstBeheer infrastructure (including, but without limitation to, our servers, networks, data centres and related or like equipment), nor will you detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of the NFTKunstBeheer Platform;

(o) engage in any other activities deemed inappropriate by us or which are in contravention of these Terms, nor will you do anything on the NFTKunstBeheer Platform that may be deemed objectionable to, or could harm the reputation or Intellectual Property Rights of, us or our licensors;

(p) provide false, inaccurate, incomplete or misleading information to us or any of our affiliates or third-party services providers;

(q) create Accounts by automated means or under false or fraudulent pretences;

(r) impersonate another person (via the use of an email address or otherwise)

(s) use, employ, operate or create a computer program to simulate the human behaviour of a user (“Bots”), and or use, employ or operate such Bots or other similar forms of automation to engage in any activity or transaction on the NFTKunstBeheer Platform;

(t) acquire NFTs through inappropriate or illegal means (including, but not limited to, through the use of a stolen credit card, or a payment mechanism that you do not have the right to use, or purchasing a NFT and then attempting to charge the cost back to your payment method while still maintaining ownership or control of the NFT or selling, swapping or giving away the NFT to someone else;

(u) purchase, sell or facilitate the purchase and sale of any user’s account(s) to other users or third parties for cash or cryptocurrency consideration outside of the NFTKunstBeheer Platform;

(v) acquire NFTs through inappropriate or illegal means;

(w) breach our privacy or confidentiality or the privacy or confidentiality of any user of the NFTKunstBeheer Platform;

(x) create nor register a security interest or encumbrance in or over any NFT;

(y) use the NFTKunstBeheer Platform or your Account to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance; and

(z) assist another person, entity, contractual arrangement, algorithm or device to do anything prohibited in paragraphs (a) to (y) above (each, a “Prohibited Activity” and collectively, the “Prohibited Activities”).

7.3 Legal Compliance

You are responsible for complying with all trade regulations and both foreign and domestic laws as it relates to your access to, and use of, the NFTKunstBeheer Platform. You will not use the NFTKunstBeheer Platform or your Account if (a) you are located in a country that is subject to Sanctions or that has been designated by any of the Sanctions authorities as a “terrorist supporting” country or (b) you have been listed on any Sanctions authority’s list of prohibited or restricted parties.

8 Our Intellectual Property Rights

Unless otherwise indicated by us, the site, all content (except to the extent that such content is user content), and all other materials contained therein, including, without limitation, the NFTKunstBeheer logo and all designs, text graphics, pictures, information, data, software, and files relating to the NFTKunstBeheer Platform (the “Content”) are the proprietary property of NFTKunstBeheer  -Multiporium or our affiliates, licensors, or users, as applicable. The Content, including any product or service names, logos, or slogans relating thereto that may appear other than on the NFTKunstBeheer Platform, is the proprietary property of NFTKunstBeheer and may not be copied, imitated or used, in whole or in part, without our prior written permission.

You agree that all right, title and interest (including all copyright, trademark, service marks, and other Intellectual Property Rights of any kind, whether registered or unregistered) in the Content, the NFTKunstBeheer Platform and the Services rendered thereunder (whether present or future) belong to us, our affiliates or our licensors, as applicable.

Unless otherwise stated, you may not use any Content without our express written permission.

We reserve the right to suspend or terminate any Account that has actually or allegedly infringed upon any person’s Intellectual Property Rights.

9.1 We Own the NFTKunstBeheer NFT Platform

You acknowledge and agree that we (or, as applicable, our licensors) own all legal right, title and interest in and to all other elements of the NFTKunstBeheer Platform and all Intellectual Property Rights therein. You acknowledge that the NFTKunstBeheer Platform and the Content (collectively, the “Platform Materials”) are protected by copyright, trade dress, patent and trademark laws, international conventions, other relevant intellectual property and proprietary rights and applicable laws. All copyrights, trademarks, product names, and logos on the NFTKunstBeheer Platform relating to and including the NFTs and Content, are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the owner of the applicable Intellectual Property Right.

9.2 Ownership of NFTs

Ownership of the NFT is mediated entirely by the OpenSea  or other 3rd party blockchain networks. When you purchase an NFT via a link on the NFTKunstBeheer Platform, you own the Purchased NFT, and you have the right to transfer, sell or give away your Purchased NFT.

The transfer, sale, or give away of your purchased NFTs, may be performed by you only by using the OpenSea  or other 3rd party blockchains marketplaces.

9.3 No User License or Ownership of the Platform Materials

Except as expressly set forth herein, your use of the NFTKunstBeheer Platform does not grant you ownership of or any other rights with respect to, any content, code, data, or other Platform Materials that you may access on or through the NFTKunstBeheer Platform. We reserve all rights in and to the Platform Materials that are not expressly granted to you in these Terms.

or (g) otherwise utilise the Art for your Purchased NFT for your or any third party’s commercial benefit.

10 Data Protection / Privacy

Our Privacy Policy describes the ways in which we collect, use, store, disclose and share your personal data (as described in our Privacy Policy) and is hereby incorporated by reference into these Terms. By using the NFTKunstBeheer Platform, you confirm that you have read and understood our Privacy Policy and you understand and agree to how we collect, use, store, disclose and share amongst ourselves your personal data and disclose such personal data to our authorised service providers and relevant third parties. We will only share your personal data in order to facilitate and administer your use of the NFTKunstBeheer Platform or otherwise if required by law. Such data controller will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect your personal data, how we use it, the conditions under which we may disclose it and how we keep it secure, please refer to our Privacy Policy, which is accessible here.

We reserve the right at any time to satisfy our internal requirement as to your Personal Data (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or for anti-money laundering and counter-terrorist financing purposes.

You reserve the right to access, rectify, or request for erasure of your personal data (as the case may be). You may contact enquiries@nftkunstbeheer.com  to do so.

11 Limitation of Services / Termination / Account Closure

11.1 You Terminate

You may terminate these Terms at any time by cancelling your Account and discontinuing your access to and us of the NFTKunstBeheer Platform.

11.2 We Terminate

We reserve the right to, and you agree that we may, without notice and in our sole discretion, terminate these Terms and suspend and/or terminate your Account(s) and your access to, or use of, the NFTKunstBeheer Platform, at any time and for any reason but in particular, if we suspect in our sole discretion that (i) your Account is being used for illegal activity; (ii) you have provided false or misleading information; (iii) you have engaged in fraudulent activity; and/or (iv) you have engaged in activity in violation of these Terms. You agree that any suspension or termination of your access to the NFTKunstBeheer Platform 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.

11.3 Other Remedies Available

If we terminate these Terms or suspend or terminate your Account and your access to, or use of, the NFTKunstBeheer Platform due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, but not limited to, if you engage in any Prohibited Activity), then termination of these Terms and suspension and/or termination of your Account will be in addition to any other remedies we may have at law or in equity.

11.4 Referral to Governmental Authorities

We have the right, without provision of prior notice, to take appropriate legal action, including, but not limited to, referral to law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorised use of the NFTKunstBeheer Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the NFTKunstBeheer Platform.

11.5 Effect of Termination

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 NFTKunstBeheer Platform or that is related to your Account, and you acknowledge and agree 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.

11.6 Waiver

YOU AGREE TO WAIVE AND HOLD US AND OUR PARENT, SUBSIDIARIES, AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR THE FOREGOING PARTIES RELATING TO ANY INVESTIGATION UNDERTAKEN BY EITHER US OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

12 Risks

12.1 Value and Volatility

You understand and agree that your access to, and use of, the NFTKunstBeheer Platform is subject to certain risks including without limitation:

(a) The price and liquidity of collectible blockchain assets, including the NFTs, are extremely volatile and subjective and may be subject to fluctuations;

(b) Collectible blockchain assets, including the NFTs, have no inherent or intrinsic value;

(c) Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFTs, which may also be subject to significant price volatility.;

(d) NFTs are not legal tender and are not backed by any government;

(e) Transactions involving NFTs may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable, including accidental transactions whereby you provide wrong wallet addresses;

(f) The value of collectibles, including the NFTs, is inherently subjective, and factors occurring outside the NFTKunstBeheer Platform ecosystem may materially impact the value and desirability of any particular NFT;

(g) The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, and therefore the value of NFTs is subject to the potential for permanent or total loss of value should the market for NFTs disappear; and

(h) NFTs are subject to the risk of fraud, counterfeiting, cyberattacks and other technological difficulties which may prevent access to or use of your NFTs.

12.2 Cryptocurrency Risks

There are risks associated with using a cryptocurrency, including, but not limited to, the risk of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorised access to information stored with your electronic wallet. You acknowledge and accept that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the NFTKunstBeheer  Platform, the NFTs or the OpenSea  or other 3rd party blockchains, howsoever caused.

12.3 Regulatory Uncertainty

The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the NFTKunstBeheer Platform, and by extension, the use, transfer, value and potential utility of your NFTs.

12.4 Payment Services Provider Risks

The NFTKunstBeheer Platform and the Services offered thereunder will rely on third-party platforms such as [PayPal] and [checkout.com] to perform the transactions for the purchase and sale of NFTs. If (a) we cease to continue any relationship with such platform providers; (b) the terms and conditions or pricing of such platform providers change; (c) we violate or cannot comply with the terms and conditions of such platforms; or (d) 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 NFTKunstBeheer Platform may suffer.

12.5 Your Own Risk

You understand and agree that you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself. NFTKunstBeheer does not give any advice regarding the purchase of NFTs. You understand and agree that you access and use the NFTKunstBeheer Platform at your own risk. You understand and agree that NFTKunstBeheer will not be responsible for any communication failures, disruptions, errors, or distortions you may experience when using the NFTKunstBeheer Platform.

13 Taxes and Fees

13.1 Taxes

You agree that you are solely responsible for (i) determining what, if any, taxes apply to your NFT transactions on the OpenSea  or other 3rd party blockchains and (ii) paying any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of, and transactions conducted via 3rd party links on the NFTKunstBeheer Platform. Neither NFTKunstBeheer nor its affiliates or employees are responsible for determining the taxes that may apply to your NFT transactions.

13.2 Fees

By buying and selling NFTs conducted via 3rd party links on the NFTKunstBeheer Platform., you agree to pay all applicable fees, including transaction fees, as stipulated on the checkout screen at the time of your purchase.

14 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY NFTKUNSTBEHEER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE NFTKUNSTBEHEER PLATFORM IS AT YOUR SOLE RISK AND THAT THE NFTKUNSTBEHEER PLATFORM AND THE NFTs LISTED ON THE NFTKUNSTBEHEER PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND YOU AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

NFTKUNSTBEHEER WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF ANY KIND THAT YOU INCUR AS A RESULT OF YOUR USE OF THE NFTKUNSTBEHEER PLATFORM, ANY BLOCKCHAIN NETWORK, OR YOUR ELECTRONIC WALLENT, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (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) UNAUTHORIZED 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 NFTKUNSTBEHEER PLATFORM, THE BLOCKCHAIN NETWORK, OR ANY ELECTRONIC WALLET. NFTKUNSTBEHEER WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF ANY KIND FROM ANY ACTION THAT RESULTS FROM YOU PROVIDING AN INCORRECT WALLET ADDRESS.

TO THE FULLEST EXTENT PROVIDED BY LAW, NFTKUNSTBEHEER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CORRECTNESS, ACCURACY, RELIABILITY AND NON-INFRINGEMENT AS TO THE NFTKUNSTBEHEER NFT PLATFORM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE NFTKUNSTBEHEER PLATFORM WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE NFTKUNSTBEHEER PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (III) USAGE DATA PROVIDED THROUGH THE NFTKUNSTBEHEER PLATFORM WILL BE ACCURATE; (IV) THE NFTKUNSTBEHEER PLATFORM OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THORUGH THE NFTKUNSTBEHEER  PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE APP WILL BE SECURE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NFTs ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE VARIOUS BLOCKCHAIN NETWORKS. ALL SMART CONTRACTS, INCLUDING ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE NFT, ARE CONDUCTED AND OCCUR ON THE DECENTRALISED LEDGER WITHIN THE BLOCKCHAIN NETWORK. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.

WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE BLOCKCHAIN NETWORK, OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORTING BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORTING AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE VARIOUS BLOCKCHAIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES RESULTING IN FUND LOSSES.

15 Limitation of Liability

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NFTKUNSTBEHEER, OUR PARENT, SUBSIDIARIES, AFFILIATES AND LICENSORS 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, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, 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.

YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SALES TERMS, OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) ANY PORTION OF THE NFTKUNSTBEHEER PLATFORM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO NO MORE THAN EURO 10 (TEN EUROS )

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE NFTKUNSTBEHEER PLATFORM AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO PROVIDE THE NFTKUNSTBEHEER PLATFORM TO YOU WITHOUT THESE LIMITATIONS.

16 Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless NFTKunstBeheer -Multiporium and our past, present and future parent, subsidiaries and affiliates, and our and their respective 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 “NFTKunstBeheer Affiliates”), from and against all actual or alleged claims, damages (actual and consequential), awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees, 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 NFTKunstBeheer Platform, (b) your breach of these Terms, and (c) your breach or violation of the rights of a third party, including another user or third-party service provider. You agree to promptly notify NFTKunstBeheer of any such Claims and cooperate with NFTKunstBeheer in defending such Claims.

17 Amendment and Variation

These Terms may from time to time be updated or amended, and we reserve the right to update, amend or otherwise modify these Terms at any time and at our sole and absolute discretion. We will post any such updates on the NFTKunstBeheer Platform website. Such updated Terms as posted will take effect immediately unless otherwise indicated, and any changes to or modifications of these Terms will be in effect as of the “Last Updated Date” referred to [at the top of this page]. You should regularly check the NFTKunstBeheer Platform to inform yourself of any such changes. In addition, we may at any time change, add or remove any feature or functionality of the NFTKunstBeheer Platform without prior notice. By continuing to access or use the NFTKunstBeheer Platform after the “Last Updated Date” and following any such changes to these Terms or the NFTKunstBeheer Platform taking effect, you are indicating your acceptance of the updated or amended Terms as well as your acceptance of the updated NFTKunstBeheer Platform. If you do not wish to be bound by any changes or amendments to these Terms, then you should stop using the NFTKunstBeheer Platform immediately.

18 Severability

If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms, and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws.

19 Entire Agreement / Translation

These Terms constitute the entire agreement between the parties regarding its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, (whether oral or in writing, express or implied). Each party acknowledges that in agreeing to these Terms it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.

These Terms are concluded in the English language and all communications, including any notices or information being transmitted, shall be in English. In the event that these Terms or any part thereof is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail.

20 Notices and Communications

By using the NFTKunstBeheer Platform, you agree that we may provide you with notices (including, but not limited to, those regarding changes to these Terms) or other communications, including marketing, relating to your use of the NFTKunstBeheer Platform electronically via email (in each case to the address that you provide), postings on the NFTKunstBeheer Platform, SMS message, or telephone call (in each case to the phone number that you provide). By providing us with your email address, you consent to our use of such email address to send you any notices, and it is your responsibility to keep you email address current. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us.

Notices to us should be sent electronically to enquiries@nftkunstbeheer.com

21 No Waivers

Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorised representative.

22 Third Party Rights

These Terms do not, and are not intended to, confer any rights or remedies upon any person or entity other than you.

23 Governing Law and Jurisdiction

These Terms are governed by and shall be construed in accordance with the laws of the Netherlands without regard to any choice or conflict of laws rules. Any dispute, controversy or claim, whether contractual or non-contractual, arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, or any other issue which shall arise in virtue of these Terms, shall be referred to and finally settled by arbitration administered the Courts in Rotterdam The law of this arbitration clause shall be Dutch law. The seat of arbitration shall be in The Netherlands The number of arbitrators shall be one. The arbitration proceedings shall be conducted in the English language.