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
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.
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.
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.