TERMS OF USE
NEW VERSION
OLD VERSION
Version 29 april 2021
These Terms of Use constitute a legally binding agreement between you (also referred to herein as "User") and the Organizer (also referred to herein as "we", "us", "our").

These Terms of Use govern your acquisition of Khabib Nurmagomedov's personalized NFT tokens ("NFT") through participation in the NFT token sale ("NFT Token Sale") within DIGITALKHABIB project. BY PARTICIPATION IN THE NFT TOKEN SALE YOU AGREE TO BE BOUND BY THESE TERMS OF USE 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) ("Terms"). If you do not agree to the Terms, you may not participate in the NFT Token Sale. You also expressly acknowledge that you understand the Terms.

PLEASE BE ADVISED: FOR UNITED STATES RESIDENTS, THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND THE ORGANIZER CAN BE BROUGHT (SEE SECTIONS 14). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST THE ORGANIZER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.

1. Definitions

a) "Digital Asset" means any art, design, animation, video and drawings, the Digital Asset Rights (as defined below) in and to which are certified by an NFT.

b) "Digital Asset Rights" means a worldwide, non-exclusive, non-transferable (except as specifically provided in section 3(c), royalty-free license to publicly display the Digital Asset. Within the meaning of these Terms of Use "publicly" and "display" are defined according to Title 17 of the U.S. Code § 101.

c) "Name and Likeness" means name, nicknames, images, likenesses, and other personal attributes of Khabib Nurmagomedov.

d) "Token" means a record in transaction block ledger (blockchain), another distributed information system which certifies that the owner of the token has rights to civil-law objects. The specific rights and civil-law objects shall be provided in a document describing the terms and conditions of the token sale (in relation to the NFT Token Sale, it is these Terms of Use).

e) "NFT" means a token that certifies Digital Asset Rights of its owner.

f) "Smart contract" means a program code intended for functioning in the transaction block ledger (blockchain), another distributed information system for purposes of automated conclusion and / or performance of transactions or performance of other legally significant actions.

g) "Organizer" means a person indicated as an organizer of the NFT Token Sale in these Terms of Use.

h) "Related Entities" means the Organizer and its partners, their direct and indirect present and future parent, subsidiary and affiliate entities, and their respective vendors, licensors, officers, directors, members, agents, and employees.

2. Digital Asset Types

a) Within the NFT Token Sale you can acquire an NFT that certifies Digital Asset Rights in and to any of the three types of the Digital Assets: (i) Golden Digital Card; (ii) Platinum Digital Card; (iii) Diamond Digital Card. All three types of the Digital Assets are associated with the Name and Likeness.

b) Please note that Golden Digital Card costs $2,900 and Platinum Digital Card costs $29,000 in ETH or USDC equivalent.

c) Please note that there is only one Diamond Digital Card. Sale of the Diamond Digital Card will be arranged through an auction to be held in accordance with the Terms. This auction is a part of the NFT Token Sale.

3. Acquisition

a) You can participate in the NFT Token Sale to acquire an NFT in exchange for ETH and / or USDC, subject to the Terms ("Acquired NFT"). After the acquisition of an NFT you become the sole and exclusive owner of the Acquired NFT. The Acquired NFT certifies your Digital Asset Rights in and to the Digital Asset associated with the Acquired NFT.

b) The transfer of the Acquired NFT to you implies the transfer to you of the Digital Asset Rights certified by this Acquired NFT. Transfer of an NFT is deemed to be completed at the moment the confirmed operation of the NFT transfer is recorded in the Ethereum blockchain according to its rules (protocols).

c) You have the right to transfer the Acquired NFT, provided that (i) the transferee accepts the Terms; and (ii) you have not violated the Terms prior to the transfer.

4. Validity period of the NFT Token Sale

NFT Token Sale starts on April 12, 2021 and ends on April 29, 2021.
These Terms of Use constitute a legally binding agreement between you (also referred to herein as "User") and the Organizer (also referred to herein as "we", "us", "our").

These Terms of Use govern your acquisition of Khabib Nurmagomedov's personalized NFT tokens ("NFT") through participation in the NFT token sale ("NFT Token Sale") within DIGITALKHABIB project. BY PARTICIPATION IN THE NFT TOKEN SALE YOU AGREE TO BE BOUND BY THESE TERMS OF USE 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) ("Terms"). If you do not agree to the Terms, you may not participate in the NFT Token Sale. You also expressly acknowledge that you understand the Terms.

CITIZEN, RESIDENT (TAX OR OTHERWISE) AND/ OR GREEN CARD HOLDER OF OF THE UNITED STATES OF AMERICA YOU CANNOT PURCHASE AN NFT THROUGH THE NFT TOKEN SALE OR OTHERWISE PARTICIPATE IN THE NFT TOKEN SALE.

1. Definitions

a) "Digital Asset" means any art, design, animation, video and drawings, the Digital Asset Rights (as defined below) in and to which are certified by an NFT.

b) "Digital Asset Rights" means a worldwide, non-exclusive, non-transferable (except as specifically provided in section 3(c), royalty-free license to publicly display the Digital Asset. Within the meaning of these Terms of Use "publicly" and "display" are defined according to Title 17 of the U.S. Code § 101.

c) "Name and Likeness" means name, nicknames, images, likenesses, and other personal attributes of Khabib Nurmagomedov.

d) "Token" means a record in transaction block ledger (blockchain), another distributed information system which certifies that the owner of the token has rights to civil-law objects. The specific rights and civil-law objects shall be provided in a document describing the terms and conditions of the token sale (in relation to the NFT Token Sale, it is these Terms of Use).

e) "NFT" means a token that certifies Digital Asset Rights of its owner.

f) "Smart contract" means a program code intended for functioning in the transaction block ledger (blockchain), another distributed information system for purposes of automated conclusion and / or performance of transactions or performance of other legally significant actions.

g) "Organizer" means a person indicated as an organizer of the NFT Token Sale in these Terms of Use.

h) "Related Entities" means the Organizer and its partners, their direct and indirect present and future parent, subsidiary and affiliate entities, and their respective vendors, licensors, officers, directors, members, agents, and employees.

2. Digital Asset Types

a) Within the NFT Token Sale you can acquire an NFT that certifies Digital Asset Rights in and to any of the three types of the Digital Assets: (i) Golden Digital Card; (ii) Platinum Digital Card; (iii) Diamond Digital Card. All three types of the Digital Assets are associated with the Name and Likeness.

b) Please note that Golden Digital Card costs $2,900 and Platinum Digital Card costs $29,000 in ETH or USDC equivalent.

c) Please note that there is only one Diamond Digital Card. Sale of the Diamond Digital Card will be arranged through an auction to be held in accordance with the Terms. This auction is a part of the NFT Token Sale.

3. Acquisition

a) You can participate in the NFT Token Sale to acquire an NFT in exchange for ETH and / or USDC, subject to the Terms ("Acquired NFT"). After the acquisition of an NFT you become the sole and exclusive owner of the Acquired NFT. The Acquired NFT certifies your Digital Asset Rights in and to the Digital Asset associated with the Acquired NFT.

b) The transfer of the Acquired NFT to you implies the transfer to you of the Digital Asset Rights certified by this Acquired NFT. Transfer of an NFT is deemed to be completed at the moment the confirmed operation of the NFT transfer is recorded in the Ethereum blockchain according to its rules (protocols).

c) You have the right to transfer the Acquired NFT, provided that (i) the transferee accepts the Terms; and (ii) you have not violated the Terms prior to the transfer.

4. Validity period of the NFT Token Sale

NFT Token Sale starts on April 12, 2021 and ends on May 29, 2021.
5. Ownership

a) You acknowledge and agree that the Organizer (directly or based on a license or another type of authorization) has all legal right, title and interest in and to the Name and Likeness, and Digital Asset, and all intellectual property rights therein. Your rights therein are limited to the Digital Asset Rights. The Organizer (directly or based on a license or another type of authorization) reserves all rights in and to the Name and Likeness, and Digital Asset not expressly granted to you due to the acquisition of NFTs.

b) All acquisitions of NFTs, as well as associated charges, are non-refundable. This no-refund policy shall always apply regardless of your decision to terminate usage of the Acquired NFT, any disruption to the operations of any components of the Acquired NFT, or any other reason whatsoever.

6. Acknowledgments, representations and warranties

a) You hereby acknowledge and agree that (i) by the acquisition of an NFT you only acquire the ownership right in relation to the Acquired NFT, but not in relation to the underlying Digital Asset, and you are entitled to use the underlying Digital Asset within the limits of the Digital Asset Rights granted to you under these Terms of Use due to your NFT acquisition; (ii) you have a sufficient understanding of the functionality, usage, storage, transmission mechanisms and other material characteristics of cryptographic tokens (like NFTs and ETH, USDC), token storage mechanisms (such as token wallets), blockchain technology and blockchain-based software systems to understand the Terms and to appreciate the risks and implications of NFTs' acquisition; (iii) you have obtained sufficient information to make an informed decision to acquire an NFT, including carefully reviewing the code of the smart contract and the NFT and fully understand and accept the functions of the same; (iv) you are responsible for implementing reasonable measures for securing the wallet or other storage mechanism you use to receive and hold the NFT, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s), and further specifically acknowledge that the risk of acquiring, transferring, creating, holding or using NFT or your wallet rests entirely with you. If your private key(s) or other access credentials are lost, you may lose access to your NFT. We are not responsible for any such losses; (v) for Know Your Customer purposes, the Organizer 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. The Organizer may also require you to provide additional information and documents in cases where it has reasons to believe that an NFT is being acquired for any illegal activity, or you have concealed or reported false identification information and other details, or you are in breach of the Terms. In such cases, the Organizer, in its sole discretion, may pause or cancel your participation in the NFT Token Sale until such additional information and documents are reviewed by the Organizer and accepted as satisfying the requirements of applicable law and regulations. If you do not provide complete and accurate information and documents in response to such a request, the Organizer may refuse you to participate in the NFT Token Sale; (vi) any legal or other professional advisers of the Organizer and / or other Related Entities do not participate in the NFT Token Sale (neither directly, nor indirectly), but merely provide their professional opinion to the Organizer and / or other Related Entities. Therefore, the legal or other professional advisers of the Organizer and / or other Related Entities do not have or suggest to have any responsibilities in connection with the NFT Token Sale; do not create legal relationship (including but not limited to attorney-client relationship) between the legal advisers of the Organizer and / or other Related Entities and you, and the legal advisers of the Organizer and / or other Related Entities have no obligation to you, including but not limited to attorney-client privilege.

b) You hereby (i) warrant that you are the lawful holder of the ETH and / or USDC respectively; and (ii) acknowledge that the Organizer has no liability for your ETH and / or USDC not reaching us, including, but not limited to, instances where transfer through the blockchain is unsuccessful. It is solely your responsibility to confirm with the Organizer and Ethereum blockchain that the transfer has been accepted; (iii) represent that the source of wealth for the digital wallet is not attributable, either directly or indirectly, to (a) a citizen or resident of, or located in, a geographic area that is the target of sanctions or embargoes imposed by the European Union, the United Kingdom, the United Nations or the United States or (b) an individual, or an individual employed by or associated with an entity, identified on the US Department of Commerce's Denied Persons or Entity List, the US Department of Treasury's Specially Designated Nationals or Blocked Persons Lists, or the US Department of State's Debarred Parties List, or similar lists promulgated by the government of the European Union, the United Kingdom, or the United Nations.

c) For the avoidance of doubts, any association of Name and Likeness with the Acquired NFT, as well as your participation in the NFT Token Sale do not grant you any right / power to file any claims, actions, suits in relation to Khabib Nurmagomedov. Instead, any issues associated with the NFT Token Sale must be addressed only to the Organizer.

d) You hereby represent and warrant that your acquiring, transferring, holding, or using NFTs are not prohibited by applicable laws, regulation, or other practices and policies in your jurisdiction, country, or territory and comply with them.

7. Restrictions

a) You agree that you may not, nor may permit any third party to do or attempt to do any of the following without the Organizer's express prior written consent in each case: (i) modify the Acquired NFT, Name and Likeness and / or Digital Asset in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (ii) use the Acquired NFT, Name and Likeness and / or Digital Asset to advertise, market, or sell any product or service; (iii) use the Acquired NFT, Name and Likeness and / or Digital Asset in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others, drugs (including, without limitation, both prescription and non-prescription) or other supplements, death, pornography or other "adult only" or sexually explicit activities, massage parlors, prostitution or any dating or escort activities, weapons or ammunition, denigration or discrimination against individuals based on race, national origin, gender, religion, disability, ethnicity, sexual orientation, gender identity or age, medical conditions and / or political campaigns or causes; (iv) use the Acquired NFT, Name and Likeness and / or Digital Asset in movies, videos, or any other forms of media, except solely for your own personal, non-commercial use; (v) sell, distribute for commercial gain (including, without limitation, giving away the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Acquired NFT, Name and Likeness and / or Digital Asset; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Acquired NFT, Name and Likeness and / or Digital Asset; (vii) remove any copyright, trademark or other proprietary rights notices contained in or on the Digital Asset or any part of it; or (viii) otherwise utilize the Acquired NFT, Name and Likeness and / or Digital Asset for your or any third party's commercial benefit.

b) To the extent that the Acquired NFT, Name and Likeness and / or Digital Asset contains any intellectual property of third parties (e. g., licensed intellectual property from a celebrity, athlete, and / or other individual or company) ("Third Parties IP"), you understand and agree as follows: (i) that you will not have the right to use such Third Party IP in any way except as incorporated in the Digital Asset, and subject to the license and restrictions contained herein; (ii) that, depending on the nature of the license granted from the owner of the Third Party IP, the Organizer may need to pass through additional terms and / or restrictions on your ability to use the Digital Asset; and (iii) to the extent that the Organizer informs you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of these Terms of Use.

c) For the avoidance of doubts, any association of Name and Likeness with the Acquired NFT, as well as your participation in the NFT Token Sale do not grant you any right / power to file any claims, actions, suits in relation to Khabib Nurmagomedov. Instead, any such claims, actions, suits are to be brought against the Organizer.

d) The restrictions in this Section will survive the expiration or termination of these Terms of Use.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

ALL ACQUIRED NFTs ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE RELATED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE RELATED ENTITIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND / OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT DAMAGES, AND / OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY NFT, INCLUDING BUT NOT LIMITED TO THE ACQUIRED NFT, THE NFT TOKEN SALE, ANY TECHNOLOGY AND / OR PARTIES RELATED TO THE NFT TOKEN SALE, INCLUDING BUT NOT LIMITED TO BLOCKCHAIN, METAMASK WALLET AND / OR OZONE NETWORKS, INC D/B/A OPENSEA. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELATED ENTITIES' TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED TEN PERCENT (10 %) OF THE TOTAL SUM PAID DIRECTLY BY YOU TO THE ORGANIZER FOR THE APPLICABLE ACQUIRED NFT. 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 GROSS NEGLIGENCE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. PLEASE BE AWARE THAT THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS (AND RESIDENTS OF ANY OTHER STATES, TERRITORIES, AND / OR JURISDICTION).

9. ASSUMPTION OF RISK

The acquiring, transferring, creating, holding, or using NFTs at any moment in time, carry a number of risks. You should carefully weigh all the risks and possible costs, including the non-exhaustive list of risks described herein. You agree as follows: (i) to the extent there is a price or market for a blockchain asset, such markets and prices are extremely volatile, and variations in the price of other blockchain assets could materially and adversely affect the value of any blockchain asset(s) you own, such as Acquired NFTs, and there is no guarantee that the Acquired NFTs will have or retain any value; (ii) there are risks associated with using Internet-native assets (e.g., non-fungible tokens, cryptocurrencies, etc.) including, but not limited to, the risk of hardware, software and Internet connections and / or failures, the risk of loss of private key(s), custodial error or acquirer error, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital "wallet", including risk of mining attacks, risk of hacking and security weaknesses, and the Related Entities will not be responsible for any of these, however caused; (iii) the Related Entities do not make any promises or guarantees about the availability of the Acquired NFT or the Digital Asset on the Internet or that they will host the Acquired NFT or the Digital Asset at any specific location and / or for any specific period of time; (iv) upgrades to the Ethereum platform, a hard fork in the Ethereum platform, a failure or cessation of Ethereum, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using such technologies, including without limitation Acquired NFTs; (v) the Related Entities do not make any promises or guarantees related to MetaMask Wallet, Ozone Networks, Inc. d/b/a OpenSea, Blockchain or any other third parties related to the NFT Token Sale and each of their applications and / or services, including but not limited to the continued availability of either and / or the protection and / or storage of any data you provide to those parties (vi) NFTs are made available solely for entertainment purposes; and (vii) the Related Entities are not responsible for any transaction between you and a third party (e.g., your transfer of any Acquired NFT from a third party on the so-called "secondary market"), and the Related Entities shall have no liability in connection with any such transaction; (viii) there are risk of unfavorable regulatory intervention in one or more jurisdictions, risks related to token taxation, risk of personal information disclosure.

10. Governing Law and Dispute Resolution

a) The legal nature of the NFT as a civil-law object, the creation of the NFT shall be governed by, construed, and enforced in accordance with the Decree No. 8 "On the Development of Digital Economy" of the Republic of Belarus and other relevant laws of the Republic of Belarus.

b) The provisions of these Terms of Use regulating subject matter of the transaction on acquisition of the NFT by you, as well as rights and duties of the Organizer and you under this transaction shall be governed by, construed, and enforced in accordance with the Decree No. 8 "On the Development of Digital Economy" of the Republic of Belarus and other relevant laws of the Republic of Belarus, unless expressly stated otherwise in the Terms of Use, as they are applied to agreements entered into and to be performed entirely within the Republic of Belarus and without regard to conflict of law principles.
DECREE No. 8
  • The Decree establishes that a token is a property that can be legally possessed. The token verifies rights on civil-law objects underlaid, including rights in relation to the intellectual property objects and their copies.

  • Tokens are not considered securities.

  • Transactions, which involve digital tokens, are valid and legally binding.

  • Smart contract is a type of a legally binding agreement. Concluding a legally binding transaction through a smart contract does not require duplicate provisions of this transaction through paper documents or otherwise.

  • Application of the Belarusian law to the part of these Terms of Use does not impose on you any additional obligations, except those specifically provided in these Terms of Use. This also does not change and does not influence your tax status. Please note that you should pay taxes considering your tax residency.

  • You can find more information about the Belarusian legal regime regarding tokens in publications of international, foreign and local organizations, like Library of Congress and High-Tech Park.
c) The license granted to you in relation to the Digital Asset (please see sections 1(b), 2(a), other provisions of these Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law principles, except to the extent that law is inconsistent with or preempted by the federal law.

d) If you are a resident of the United States of America or otherwise make any claim against us in the United States, you expressly agree that any unresolved material claim or dispute that you may have against us must be resolved as provided in section 14.

e) Notwithstanding anything to the contrary in section 14, if you are not a resident of the United States of America, you agree that any unresolved material claim or dispute you may have against us may be resolved exclusively by a court located in Minsk, Belarus.

11. Changes to these Terms of Use

The Organizer may make changes to these Terms of Use from time to time. When the Organizer makes changes, we will make the updated Terms of Use available on this website and update the "Last Updated" date at the beginning of these Terms of Use accordingly. You should review these Terms of Use before participating in the NFT Token Sale, use of the Acquired NFTs, Digital Asset, NFT transmission and performing any other action that may be subject to these Terms of Use. Any changes to these Terms of Use will be in effect as of the "Last Updated Date" referred to at the top of this page. By way of example, your continued access to or use of the Acquired NFT and / or Digital Asset after these Terms of Use have been updated will constitute your binding acceptance of the changes.

12. Eligibility
a) Participation in the NFT Token Sale is open only to you if you have the right and authority to enter into these Terms of Use, are fully able and competent to satisfy the terms, conditions, and obligations herein. It is not available to you if your User privileges temporarily or permanently deactivated. You may not allow other entities to use your User credentials, and you agree that you are the sole authorized user.

b) By participating in the NFT Token Sale, you represent and warrant that you are at least 18 years old.

13. Indemnity
You will defend, indemnify, and hold the Related Entities, as well as their legal advisers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable legal advisers' fees) relating to or arising out of your acquisition, sale or possession of the NFT, including (i) your breach of the Terms; (ii) your violation of any law or the rights of a third party as a result of your own interaction with such third party; (iii) any allegation that any materials that you submit to us or transmit in the course of the NFT Token Sale, communications seeking the Organizer's consent to activities or otherwise, infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and / or (iv) any other activities in connection with the NFT Token Sale or NFT. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

14. ARBITRATION PROVISION AND CLASS ACTION WAIVER

a)TThe Organizer will attempt to resolve any claims and disputes with you to your satisfaction. If, however, a matter arises that cannot be resolved promptly between you and the Organizer, you agree that any claims and disputes arising out of or relating to these Terms of Use (including the validity and scope of the agreement to arbitrate) shall be resolved exclusively by final and binding arbitration ("Arbitration Provision") administered by the American Arbitration Association ("AAA"). You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST THE ORGANIZER.

b) Any arbitration, as provided for in section 14(a), shall be administered pursuant to AAA's Consumer Arbitration Rules ("AAA Rules") that are in effect at the time the arbitration is initiated, as modified by the terms set forth herein. Copies of these rules can be obtained at the AAA's website (www.adr.org) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person's claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement.

c) As part of the arbitration, both you and the Organizer will have the opportunity for reasonable discovery of non-privileged information that is relevant to the claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.

d) The case shall be heard by one arbitrator, who shall be an executive with a company in the entertainment event production industry. The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

e) The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modification: the arbitrator in his award shall allocate all arbitration fees in his sole discretion and shall have the power to charge reasonable attorney fees of the successful party to the losing party.

f)You agree that the arbitration shall be held in New York, NY, unless the AAA or arbitrator determines that the venue in such city is unreasonably burdensome, in which case the AAA or arbitrator shall select a venue that is not unreasonably burdensome to both you and the Organizer.

g) This Arbitration Provision shall not require arbitration of small claims actions brought on an individual basis that are within the scope of such small claims court's jurisdiction. Where these claims are brought in a court of competent jurisdiction, the Organizer will not require arbitration of those claims. The Organizer's agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Provision, or of the enforceability of this Arbitration Provision as to any other dispute, claim, or controversy.

h) Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration. However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint. Nothing in these Terms of Use or Arbitration Provision prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.

i) In the event that any portion of this Arbitration Provision is deemed illegal or unenforceable under applicable law not preempted by the AAA, such provision shall be severed, and the remainder of the Arbitration Provision shall be given full force and effect.

15. Contact Us
If you have any questions or concerns, we encourage you to contact the Organizer via e-mail at contact@digitalkhabib.com. The Organizer of the NFT Token Sale is an executive partner of DIGITALKHABIB project - Viktar Krukau, a citizen of the Republic of Belarus.
c) The license granted to you in relation to the Digital Asset (please see sections 1(b), 2(a), other provisions of these Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law principles, except to the extent that law is inconsistent with or preempted by the federal law.

d) You agree that any unresolved material claim or dispute you may have against us may be resolved exclusively by a court located in Minsk, Belarus.

11. Changes to these Terms of Use

The Organizer may make changes to these Terms of Use from time to time. When the Organizer makes changes, we will make the updated Terms of Use available on this website and update the "Last Updated" date at the beginning of these Terms of Use accordingly. You should review these Terms of Use before participating in the NFT Token Sale, use of the Acquired NFTs, Digital Asset, NFT transmission and performing any other action that may be subject to these Terms of Use. Any changes to these Terms of Use will be in effect as of the "Last Updated Date" referred to at the top of this page. By way of example, your continued access to or use of the Acquired NFT and / or Digital Asset after these Terms of Use have been updated will constitute your binding acceptance of the changes.

12. Eligibility
a) Participation in the NFT Token Sale is open only to you if you have the right and authority to enter into these Terms of Use, are fully able and competent to satisfy the terms, conditions, and obligations herein. It is not available to you if your User privileges temporarily or permanently deactivated. You may not allow other entities to use your User credentials, and you agree that you are the sole authorized user.

b) By participating in the NFT Token Sale, you represent and warrant that you are at least 18 years old.

13. Indemnity
You will defend, indemnify, and hold the Related Entities, as well as their legal advisers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable legal advisers' fees) relating to or arising out of your acquisition, sale or possession of the NFT, including (i) your breach of the Terms; (ii) your violation of any law or the rights of a third party as a result of your own interaction with such third party; (iii) any allegation that any materials that you submit to us or transmit in the course of the NFT Token Sale, communications seeking the Organizer's consent to activities or otherwise, infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and / or (iv) any other activities in connection with the NFT Token Sale or NFT. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

14. Contact Us
If you have any questions or concerns, we encourage you to contact the Organizer via e-mail at contact@digitalkhabib.com. The Organizer of the NFT Token Sale is an executive partner of DIGITALKHABIB project - Viktar Krukau, a citizen of the Republic of Belarus.
These Terms of Use are drafted with the participation of Aleinikov & Partners Law Firm