Terms and Conditions

1. INTRODUCTION.
These terms and conditions (as amended from time to time, the “Terms and Conditions”) apply to sales of non-fungible tokens by Jelly Shelly Welly (“JSW”), through JSW’s websites. JSW is a collection of digital artworks (“NFT” or “NFTs”) running on the Ethereum blockchain network (all of the foregoing, together with the functionality associated therewith, collectively, the “Platform”) and govern the access to and the use of the Platform and all content, functionality and services offered on or through the Platform (“Services”).
The Platform is only available if all NFTs Terms and Conditions are accepted. Please, read these NFTs Terms and Conditions carefully before using the Platform.
By entering, accessing, browsing, submitting information to, as well as by using the Platform and/or the Services, or any part thereof, in any other way, Platform visitors confirm that they understand, acknowledge and agree to be bound exclusively by these Terms and Conditions and declare and warrant that they are at least 18 (eighteen) years old or the age of majority in their state or jurisdiction of residence and that they are not prohibited by law from accessing or using the Platform or Services.
Subject to acceptance of these Terms and Conditions, JSW may sell NFTs to initial purchasers and may provide goods and services, and related content and functionality, to them as well as to subsequent transferees of NFTs (Platform visitors and NFTs purchasers are hereinafter referred to as “Users” and individually as “User”).
JSW reserves the right to require Users to register in order to access the Platform, the Services and/or NFTs. In such event, Users agree and warrant to provide accurate, current and complete information about themselves as part of the registration process. Any non-complete, wrong or misleading information shall be exclusive liability of the Users.
If Users accept these NFTs Terms and Conditions on behalf of a company or other legal entity, they declare and warrant that they have the legal authority to accept these NFTs Terms and Conditions on behalf of such entities.
JSW reserves the right, at any time and at its sole discretion, to change, modify and/or update parts and/or the entirety of these Terms and Conditions. JSW shall post the new version on this page indicating the date of the last revision. JSW shall also inform Users through the Platform user interface, by e-mail notification or by other reasonable means. Any changes shall come into force at the time of publication, unless JSW indicates a different date. Continued use of the Platform by Users after the effective date of such changes constitutes binding acceptance of the new Terms and Conditions.
These NFTs Terms and Conditions are a binding legal agreement between JSW and Users.
JSW may immediately terminate its agreement with Users and prevent their access to the Platform, to the Services and/or to any NFT if they fail to comply with any of the Terms and Conditions or in case of willful misconduct or gross negligence.

2. PURCHASE AND OWNERSHIP.
NFTs are non-fungible token that uses smart contracts on the blockchain. The blockchain provides an immutable ledger of all transactions that occur on the blockchain. This means that all NFTs are outside the control of any party, including JSW, and are subject to many risks and uncertainties.
JSW does not own or control any blockchain, network, Users’ browser or any other third-party website, product or service (including third-party wallets or marketplaces) that Users may access, visit or use JSW, except for the transfer of control of an NFT to the initial purchaser through the Platform, shall have no liability in relation to any further transaction thereof.
NFTs are in all cases subject to the laws in force from time to time.
NFTs provided by JSW through the Platform may:

• where expressly stated in the description of such NFTs, include additional functionality, content or subscription access to goods, services and/or experiences;
• be unique or part of a limited series, or redeemable only once;
• include the possibility of redeeming an electronic certificate for goods, services and experiences, which may be unique or part of a limited series, or redeemable only for a certain number or quantity of goods, services and experiences;
• be subject to additional conditions or qualifications, as indicated in the description of the NFTs.

2.1 Ownership of NFTs.
Ownership of NFTs means the rights of Users with respect to NFTs purchased or otherwise rightfully acquired from a legitimate source, where evidence of such purchases is recorded on the applicable blockchain.
Users agree, in respect of any NFT they purchased and own, to own such NFTs in accordance with any description/rules accompanying such NFTs, as well as any applicable policy, regulation and/or law.
JSW may, at its discretion, use third party platforms or wallet extensions (which may be owned or operated by third parties) to sell NFTs. Users agree to adhere to any terms of service or privacy policy applicable to their use of any third party site.
Unless otherwise stated in the description of the NFTs, NFTs owned by Users shall be transferable but any and all subsequent purchasers shall remain bound by these NFTs Terms and Conditions.
In the event that the NFTs provided are utility tokens linked to unique goods, services and experiences (“Advantages”), JSW does not make any representation, covenants warranty or guarantee expressed or implied that any User will receive any Advantages or achieve any particular outcome as a result of owning any NFTs. JSW reserves the right, at its sole discretion, to restrict, limit, or deny any Advantages to any User, including to limit the period of time when an Advantage is available, for failure to comply with these Terms and Conditions, at any time.
JSW does not provide any guaranty to the current and/or future value of the NFTs nor their transferability or marketability. Users assume all related risks.
From time to time and at its own discretion, JSW may provide additional contents, physical items or other advantages available to the owner of the applicable NFT (any of the foregoing, an “Additional Benefit”). JSW doesn’t have any obligation to inform Users, or to provide Users with, any Additional Benefit, and Users should therefore not expect any Additional Benefit when acquiring an NFT. It will be Users responsibility to keep Users apprised of the availability of any Additional Benefit and to take the necessary steps to apply for, or collect any Additional Benefit. The terms and conditions applicable to any Additional Benefit will be set forth in the information or materials provided with the Additional Benefit. Except to the extent set forth in such information or materials which shall supersede any conflicting or inconsistent provisions in these Terms, any digital works of authorship made available by JSW as an Additional Benefit will be licensed on the same Terms set forth herein at Section 2.4

2.2 Creative Materials.
Users hereby acknowledge and agree that JWS (or, if applicable, its licensors and/or licensees/ sub-licensees) owns all right, title and interest in any artwork, designs, drawings, photographs, labels, logos, insignia, trademarks, commercial images, copyrights, recipes, formulas and other creative materials that may be included and/or associated with each NFT that Users purchase (collectively, “Creative Materials”), and all intellectual property rights therein.
The rights that Users have in the Creative Materials associated with the NFT purchased are limited to those expressly set forth below under “Intellectual Property, Licenses and Restrictions”.
All right, title and interest in and to JSW’s Intellectual Property (as defined below), including the Creative Materials and any other JSW’s Intellectual Property embodied in any NFTs (including any NFTs owned by Users) and including all copyrights, trademarks and other intellectual property rights therein, are owned by JSW.
Users agree not to infringe, violate or misappropriate such exclusive rights.
In particular, Users expressly undertake to refrain from any action that may disrupt, damage, diminish the prestige or endanger JSW ’s rights with respect to said trademarks, as well as JSW’s other intellectual property rights or, however, discredit its image.

2.3 Intellectual Property Rights.
Except for the licenses expressly granted below, JSW owns all right, title and interest in:

• the Creative Materials and all source code, object code and other proprietary technology associated with the NFTs, and
• any other content and materials available through the NFTs, any associated applications and all intellectual property rights therein (collectively, “JSW’s Intellectual Property”).

JSW’s Intellectual Property may be used in connection with the NFTs, for personal and non-commercial and commercial purposes as expressly permitted in these Terms and Conditions.
JSW does not grant, by implication, preclusion or otherwise, any other license or right to use JSW’s Intellectual Property or NFTs in a manner inconsistent with these NFTs Terms and Conditions without its prior written permission and/or any third party that may own additional intellectual property.
Nothing in these NFTs Terms and Conditions shall imply any waiver or transfer of the ownership of the mentioned JSW’s Intellectual Property Rights and any related goodwill, which are and shall remain the full property of JSW.
Users undertake not to claim the JSW’s Intellectual Property Rights and not to abstain from registering and/or filing, in any part or place, intellectual property rights identical or confusable with JSW’s Intellectual Property Rights. In case of breach of the foregoing, any rights arising from such registrations and/or filing shall automatically and immediately be the exclusive property of JSW, and any and all registrations shall inure to the benefit of JSW immediately upon their execution, in compliance with the law and free of charge for JSW.
All other third-party trademarks, registered trademarks, and content linked to or associated with any NFTs displayed 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 rights holder.

2.4 Grant of Licenses.

2.4.1
JSW reserves all rights in the Platform, the Services and NFTs not expressly granted to Users under these Terms and Conditions. Users may not use the Platform, the Services or the NFT for illegal purposes.
2.4.2
Without limiting the entirety of the foregoing and provided that Users continue to comply with these Terms and Conditions, JSW grants to Users a limited, non-exclusive, license to use the Services and display the Creative Materials solely in relation to the NFTs purchased and owned by the Users, exclusively for the following purposes:

• for User’s personal use; or
• as part of a marketplace that allows the purchase and sale of NFTs (provided that the marketplace cryptographically verifies each NFT owner’s right to display the Creative Materials to ensure that only the actual NFTs owners can display the Creative Materials);
• or commercial purposes that allows to use, copy and display the Creative Materials for the purpose of creating derivative works, such as merchandising.

2.5 Restrictions.
Users may not (and may not allow third parties to):

• modify the Creative Materials in any way, including, without limitation, the shapes, designs, attributes or color schemes;
• use the Creative Materials related to an NFT not purchased to advertise, market or sell any product or service (except for resale of an NFT as permitted by these NFTs Terms and Conditions and applicable law);
• use the Creative Materials in any manner that might constitute or amount to an endorsement of or relationship with any particular third party, entity, product, product category, charity or service;
• grant third parties the right to use the Creative Materials;
• use the Creative Materials in connection with any image, video or other form of media or content that depicts or promotes violence, hatred, sexual conduct, illegal drugs or anything else that might reasonably be considered hate speech or otherwise violates the rights of others;
• use the Creative Materials in movies, video or other forms of media, except solely for Users’ personal use;
• sell, distribute or otherwise commercialize merchandise that depicts, embodies, contains or consists of the Creative Materials related to an NFT not purchased;
• attempt to acquire any trademarks, copyrights or other intellectual property rights in the Creative Materials, except for the limited license granted under these Terms and Conditions; or
• otherwise use the Creative Materials for their own personal commercial benefit under their own responsibility, provided that the ownership of the NFT has been verified through the blockchain.

The license granted in these Terms and Conditions applies only to the extent that Users continue to own the NFTs. If at any time Users sell, trade, donate, transfer or otherwise dispose of any NFTs for any reason, the license granted in these Terms and Conditions will immediately expire and Users will no longer have any rights to the NFTs or the related Creative Materials.
Furthermore, Users agree not to remove any proprietary notices or labels on or in JSW’s Intellectual Property and/or to bypass, modify, defeat or circumvent any technology or method for providing or protecting NFTs or any other JSW’s Intellectual Property.

2.6 Assumption of Risks.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY JSW, THE SERVICES AND ANY CONTENT IN THE SERVICES, AND ANY AND ALL RELATED CONTENT, THIRD-PARTY CONTENT, BENEFIT AND NFT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, JSW DOES NOT REPRESENT OR WARRANT THAT ITS SERVICES, RELATED CONTENT, THIRD-PARTY CONTENT, BENEFITS OR ANY NFTs ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE JSW ATTEMPTS TO MAKE YOUR USE OF ITS SERVICES SAFE, JSW CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USERS ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF JSW SERVICES. JSW WILL NOT BE RESPONSIBLE OR LIABLE TO USERS FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO USERS FOR, ANY ACCESS TO OR USE OF ANY RELATED CONTENT, THIRD-PARTY CONTENT, BENEFIT OR NFT INCLUDING BUT NOT LIMITED TO ANY LOSS, DAMAGE OR CLAIM ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR APPLICABLE BLOCKCHAIN.
NFTs ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE BLOCKCHAIN NETWORK. ANY TRANSFER OF CONTROL THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE APPLICABLE BLOCKCHAIN NETWORK.
The NFTs are currently available only on the Ethereum Blockchain. You will not be able to transfer your NFT(s) to any digital wallet that is not compatible with the Ethereum Blockchain. In the event that you inadvertently transfer a NFT to a digital wallet that is not compatible with the Ethereum Blockchain, your NFT may be lost or destroyed.
There is no guaranteed future value for NFTs. Any future value of a is based solely on consumer interest and demand for that NFT and not something that JSW or other third party can control or will attempt to control or influence. JSW is not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), the applicable blockchain or other third party service or infrastructure, including Supported Wallets and Supported Wallet Providers, or any other features of NFTs. JSW is not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the applicable blockchain supporting NFTs including forks, technical node issues or any other issues having fund losses as a result.

2.7 Terms of Sale.
By placing an order on the Platform (including by bidding in an auction), Users agree to submit a binding offer to purchase an NFT, agree to pay all applicable fees associated with the transaction and authorize JSW to automatically charge and collect such fees from their payment instrument.
Users may purchase NFTs using real or virtual/cryptocurrency where multiple payment options are available.
Once an NFT purchase has been made, Users must promptly take the necessary actions to complete the transaction (e.g. activate or download any content or secure any corresponding initial phrase or private key). JSW encourages the use of secure, offline storage measures for NFTs.
When an NFT is sold for the first time, the sale agreement is between JSW and the initial purchaser. If the initial purchaser decides to sell the purchased NFT to a third party (“Secondary Sale”), where permitted by these Terms and Conditions and by applicable law, JSW is not and shall not be deemed to be a party of the Secondary Sale, nor JSW will have any liability whatsoever in this respect.
Users acknowledge and agree that JSW is entitled to receive 5 (five) % of each Secondary Sale transaction related to a JSW (“Royalty”). JSW is entitled to collect Royalties in perpetuity. Therefore, if Users sell an NFT, even on a third party marketplace, they agree to include in the description of the NFT a statement substantially similar to the following: “A 5 (five) % Royalty applies. By purchasing this NFT you agree to the Terms and Conditions located at JellyShellyWelly.com”. Users agree not to seek to circumvent or avoid those Royalties.
Purchaser of NFTs in Secondary Sales agree to be bound by these NFTs Terms and Conditions.

3. MODIFICATIONS.
JSW reserves the right to modify or discontinue, temporarily or permanently, the Platform, the Services (or any part thereof) or NFTs (or any part of any software or application associated therewith), with or without notice and at any time. In any case, JSW shall use reasonable efforts to provide Users with advance notice of such action. JSE (including, without limitation, its affiliates, licensors and/or sublicenses) shall not be liable to Users or any third party for any modification, suspension or discontinuance of the NFTs, the Services, the Platform or any associated software, application or functionality.

4. USE OF THE PLATFORM, NFTs AND SERVICES.
Users are responsible for their use of the Platform, NFTs and Services.
JSW prohibits certain behavior that could be harmful to other Users or to JSW itself.
Users, by using the Platform, NFTs or Services, may not, without limitation (the list is not exhaustive):

• violate any laws and/or regulations or infringe or misappropriate intellectual property, privacy, publicity or other legal rights of JSW or any third party;
• post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;
• use software, including spyware, designed to collect data from the Platform or Services;
• transmit viruses or other computer instructions or technological means whose purpose is to disrupt, damage or interfere with the use of computers or related systems;
• stalk, harass or harm other Users;
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
• attempt to circumvent any technological measures implemented by JSW or any other third party (including another User) to protect the Platform, Services or NFTs; or
• attempt to decipher, decompile, disassemble or reverse engineer any software or other underlying code used to provide the Platform or Services; or
• support, encourage or assist a third party in performing any of the actions described above;
• Use the Platform, the Services, the Advantages for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies the Users.

5. TERMINATION.
JSW reserves the right, at its sole discretion, at any time and for any or no reason, and without notice or liability, to immediately terminate individual Users’ access to all or any part of the Platform and/or any NFTs or Services. Termination may include, without limitation, (a) removal of their access or listing of NFTs on the Platform, (b) deletion of all of their account information relating to NFTs from the Platform, and (c) prohibition of further use of or access to the Platform by them.
Any suspected fraudulent, abusive or illegal activity that may constitute grounds for termination of User’s use of the NFTs, the Platform, the Services or the Advantages may be reported to the appropriate law enforcement authorities.
JSW may also, in its sole discretion and at any time, discontinue providing the Services or Advantages, or any part thereof, with or without notice. Users agree that any termination of the access to the Platform, Services or Advantages under any provision of these Terms and Conditions may occur without notice, and acknowledge and agree that JSW may immediately deactivate or delete their accounts and all related information and files in their account and/or prevent any further access to such files or to the Platform, Services or Advantages. Users further agree that JSW shall not be liable to them or to any third party for any termination of their access to the Platform or the Services or Advantages.

6. NFTs RISKS.
Users acknowledge that NFTs involve the following risks, among others. JSW expressly disclaims all liability for these risks.
6.1 Risks inherent to digital assets.
There are risks associated with the use of Internet-based digital assets such as NFTs, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction and the risk that third parties may obtain unauthorized access to the information stored within Users’ electronic wallet. Users accept and acknowledge that JSW shall not be liable for any communication failures, interruptions, errors, distortions or delays that Users may experience while using the blockchain network, however caused.

6.2 Value and volatility.
Prices of NFTs can be extremely volatile and subjective as they have no inherent or intrinsic value. To the extent there is a price or market for a blockchain asset such as an NFT, (a) such prices and markets are extremely volatile, (b) variations in the price of other digital assets could materially and adversely affect the value of any digital assets held by individual Users, including NFTs, and (c) there is no guarantee that NFTs will have or retain any value.
NFTs are not securities or financial instruments and are not offered for investment purposes. No information and/or content made available by JSW investment purposes nor should be considered as an offer or invitation to purchase shares, bonds or other financial products. JSW doesn’t collect savings among the public, which is an activity forbidden to anyone other than regulated financial institutions. JSW is not a broker, creditor, nor any other kind of financial intermediary or institution. While purchasing an NFT, you are buying an artwork, any further participation to the project shall be solely driven by your interest in the project’s potentialities. JSW has the sole objective to create an added value to the JSW community. JSW ventures are done in good faith making sure to not betray the trust of the community.
The commercial or market value of NFTs may materially decrease in value due to a number of factors, including negative publicity associated with JSW.
Users agree and acknowledge that JSW shall not be liable for the risks associated with the execution of transactions relating to their NFTs with third parties.

6.3 Use of the blockchain.
The Platform does not store, send or receive NFTs. This is because NFTs exist only by virtue of the ownership record maintained on the Platform’s supporting blockchain. Any transfer of NFTs occurs within the supporting blockchain in the network, and not on the Platform. JSW neither promises nor guarantees the availability of NFTs or that will host individual Users’ NFTs or other NFTs at a specific location and/or for a specific period of time. Upgrades to the blockchain, a hard fork or other changes to the blockchain, a failure or termination of the blockchain or the underlying cryptocurrency, or a change in the way transactions are confirmed on the blockchain may have unintended adverse effects on all blockchains using such or similar technologies, including NFTs. JSW makes no promises or warranties in relation to the blockchain or any other third party related to the NFTs or the Platform (including their respective applications and/or services, and the continued availability or protection or storage of any data provided by Users to such parties). Users agree and acknowledge that JSW shall not be liable for any loss of access to NFTs due to loss of private key(s), custodial error or User error, mining attacks, hacking, security weaknesses, fraud, forgery, cyber attacks and other technological difficulties.

6.4 Regulatory Uncertainty.
The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain and new regulations or policies could adversely affect the development of the ecosystem and, as a result, the potential utility or value of NFTs. Users are solely and exclusively responsible for ensuring that the purchase and sale of NFTs complies with the regulations in force in their jurisdiction. Users agree and acknowledge that JSW will not be responsible for the risk of changes to the regulatory regime governing blockchain technologies, cryptocurrencies and tokens and new legislation, unfavourable regulatory interventions in one or more jurisdictions or policies that may materially adversely affect the use and value of NFTs.

6.5 Tax calculations.
Users are solely responsible for any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with the use of the Advantages or NFTs, and for determining any taxes applicable to transactions related to NFTs. JSW is not responsible for determining the taxes applicable to Users’ transactions on the Platform or other transactions relating to NFTs.

6.6 General considerations.
These NFTs Terms and Conditions do not represent a complete statement of risk factors associated with the digital assets or products or services that may be viewed or tracked on the Platform. Users should consider these risk warnings carefully and take appropriate advice before taking any decision to purchase, sell, trade or otherwise transact in a digital asset.
Users further acknowledge and agree that: (a) they have obtained sufficient information to make an informed decision regarding the NFTs, (b) they are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks to themselves, (c) JSW does not represent or warrant that the NFTs, or the systems or technology that support them, will be reliable, up-to-date or error-free or otherwise meet the requirements of Users, that defects in the NFTs, or the systems or technology that support them, will be corrected, or that the delivery mechanism for the NFTs will be free of viruses or other harmful components, and (d) JSW shall not be liable for any communication failures, interruptions, fraud, scams, errors or delays that Users may experience in connection with the NFTs.

7. PAYMENT AND TAXES.
7.1 Cryptocurrency financial transactions on the Platform.
Any cryptocurrency payments or financial transactions that Users make via the Platform will be conducted exclusively through the Ethereum blockchain network JSW has no control over these payments or transactions, nor does it have the ability to reverse any payment or transaction. JSW does not provide refunds for purchases that Users may make on or through the Platform, whether NFT or anything else. Whether or not a particular cryptocurrency is accepted by JSW as a payment method is subject to change at any time at JSW’s sole discretion.

7.2 Fiat currency financial transactions on the Platform.
Any Fiat currency payments by credit cards or other means will be directed to the unaffiliated third party payment processor. All bank, credit card or other payment related information is sent directly to the payment processor and stored using its security protocols. JSW does not store Users’ payment information in its systems and has no responsibility for the security of that information. JSW reserves the right to add or change payment processing services at any time. Such services may be subject to additional terms or conditions, including their privacy policies.

7.3 No liability for financial transactions.
JSW has no liability to Users or third parties for any claims or damages that may arise from any payment or transaction that Users make via the Platform, or any other payment or transaction that Users make via the blockchain network.

7.4 Responsibility for Taxes.
JSW shall charge Users, withhold and pay all sales, use, value-added and other taxes, duties and assessments (other than taxes on our net income) now or in the future required or imposed by any governmental authority associated with Users’ use of the Platform. In order for JSW to determine its tax obligations, Users agree that JSW will rely on their IP address. Users are required to inform JSW if their IP address does not reflect their country of residence.

8. PRIVACY AND ACCESS CREDENTIALS.
8.1 Privacy.
By using the Platform, it is Users’ responsibility to know, understand and comply with JSW’s Privacy Policy, which is incorporated herein by reference.
Any information Users provide to JSW while using the Platform is subject to the Privacy Policy. Any information Users provide to a third party site during their use of the Platform is subject to the privacy policy of the third party site, and their use of any third party site included on the Platform is governed by the terms of service of the applicable third party site.
JSW’s Privacy Policy is an integral part of these NFTs Terms and Conditions.

8.2 Access Credentials.
When registering to the Platform or third party services that facilitate access to the Platform, Users may be required to select a username and password, or other form of secure authentication that will be used to access the account (collectively, “Access Credentials”). Users agree to keep their Access Credentials confidential and not to share them with anyone. Users are responsible for any use of their Access Credentials, whether by themselves or others. JSW shall not be liable for any loss or damage arising from any failure to protect Access Credentials or any other personal information, including, but not limited to, loss of access to any NFTs. Users authorize JSW to act on instruction received through use of their Access Credentials and JSW may, but is not obliged to, deny access to or block any transactions made through the use of their Access Credentials without prior notice.

9. DISCLAIMER OF WARRANTY.
Users expressly understand and agree that the use of Platform, Services and/or any NFTs and associated Advantages is at their sole risk and that the Platform, the NFTs and the Services are provided “as is” and “as available” without warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
JSW and its officers, employees, representatives, directors and agents (collectively, “Representatives”), as well as its affiliates, do not warrant that (i) the Platform, Services, NFTs or Advantages will meet Users’ requirements, (ii) the Platform, Services, NFTs or Advantages will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Platform, Services, NFTs or Advantages will be accurate or reliable, or (iv) the quality of any Services, NFTs or Advantages, or any products, services, information or other materials purchased or obtained by Users through the Services, NFTs or Advantages will meet Users’ expectations.
JSW, its affiliates and its Representatives shall not be liable for any loss of any kind incurred as a result of any action taken or made in connection with any material or information contained in the Platform, Services, NFTs, or Advantages. JSW does not represent or warrant that the content of these NFTs Terms and Conditions, of the Platform and/or Services is accurate, complete, reliable, current or error-free.
As previously illustrated, NFTs are intangible digital assets and they exist only by virtue of the ownership record maintained in the Ethereum blockchain network. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within the blockchain platform. JSW does not guarantee that proof can effect the transfer of title or right in any NFT. Users are also responsible for any loss, damage and/or loss of access to the NFTs owned by them and JSW shall have no liability whatsoever in such circumstances, regardless of the cause.

10. LIMITATION OF LIABILITY.
Except as required by non-waivable provisions of applicable law or as agreed in writing, in no event shall JSW, its affiliates or its Representatives be liable to Users or any third party for any loss of profit or for any indirect loss, consequential, exemplary, incidental, special or punitive damages arising out of these NFTs Terms and Conditions, the Platform, the Services, the content of the Services, the NFTs, the Advantages or third party sites and products, or for any damages relating to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill or loss of data, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable and even if advised of the possibility of such damages. Access to, and use of, the Platform, the Services, the NFTs, the Advantages or third party sites and products is at the discretion and risk of the User, who shall be solely responsible for any damage to the User’s computer system or mobile device or loss of data resulting therefrom.
Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of JSW its affiliates or its Representatives arising out of or in any way related to these NFT Terms and Conditions, the access to and use of the Platform, the Services, the content of the Services, NFTs, or Advantages exceed US$ 100.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to some Users or may not be enforceable with respect to some Users.
In the event that Users are dissatisfied with any portion of the Platform, Services, NFTs or Advantages or with these NFTs Terms and Conditions, the User’s sole and exclusive remedy is to discontinue using the services.
JSW will have no liability whatsoever, and Users hereby waive and release any and all claims, arising out of or in connection with

• Any blockchain or related technology;
• Any digital wallet, MetaMask technology, similar technology or related service;
• The transfer or loss of any NFT or the inability to demonstrate ownership or control of any NFT;
• Any marketplace or other platform for buying, selling or transferring any NFT other than the Website;
• Any platform or service provided by any third party or any technology related thereto;
• Any Modified Content or Additional Benefit provided, or any terms or conditions applicable to any such Modified Content or Additional Benefit;
• Any computer, server, network device or other hardware or any Internet service provider or other telecommunications service or hardware; or
• Any other service, equipment, technology or network or data transfer infrastructure not owned and controlled by JSW.

11. INDEMNIFICATION.
To the fullest extent permitted by applicable law, Users agree to indemnify, defend and hold harmless JSW, its affiliates and its Representatives (collectively, the “Indemnitees”), 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) Users’ use or misuse of the Platform, the Services, NFTs, or Advantages, (b) Users’ violation of these Terms and Conditions, or (c) Users’ violation of the rights of a third party, including another User.
Users agree to promptly notify JSW of any third party Claims and cooperate with the applicable Indemnitee in defending such Claims. Users further agree that the Indemnitees shall have the right to control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between Users and JSW.

12. GENERAL INFORMATION.
The information contained in the Platform and any information provided in relation to the Services or the Advantages is provided for information purposes only and does not constitute, and should not be construed as, professional, financial, legal, accounting or tax advice or a recommendation to buy, sell, trade or otherwise transact in any digital asset, including any products or services, or an invitation, offer or solicitation to engage in a purchase, sale, trade or other transaction in relation to any digital asset.

12.1 No third party beneficiaries.
Users agree that, except as otherwise expressly provided in these Terms and Conditions, there shall be no third party beneficiaries of these Terms and Conditions. Users acknowledge and agree that JSW’s affiliates, licensors, licensees and sub-licensees are intended as third party beneficiaries of these NFTs Terms and Conditions.

12.2 Entire Agreement – Waiver – Severance.
These Terms and Conditions, together with the Privacy Policy, which is incorporated herein by reference, constitute the entire agreement between Users and JSW with respect to the Platform, Services and NFTs.
The failure of JSW to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.

12.3 Assignability.
Users may not assign the Terms and Conditions without the prior written consent of JSW, but JSW may assign or transfer these NFTs Terms and Conditions, in whole or in part, without restriction.

12.4 Governing Law.
These Terms and Conditions and all matters related to them and/or any NFTs, any use of Platform and/or Services shall be governed by, construed and enforced in accordance with the laws of the Republic of Italy without regard to its conflict of law provisions. With respect to any disputes or claims, Users and JSW submit to the personal and exclusive jurisdiction of the courts of Milan, Italy.

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