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Terms of Sale
White Sands Metaverse Limited Terms of Sale
March 10, 2022
These Terms of Sale apply to all purchasers of NFTs from White Sands Metaverse Limited (“White Sands Metaverse”). It contains important information about your legal rights, remedies, and obligations and our obligations to you. By purchasing an NFT from White Sands Metaverse or accessing or using the Platform (as defined below), including linking your Ethereum wallet, you agree to comply with and be bound by these Terms of Sale. You have the option to reject these Terms of Sale by not purchasing any NFTs from us. Once you purchase an NFT, these Terms of Sale constitute a legally binding agreement between you and White Sands Metaverse and governs your access to and use of the Platform.
These Terms of Sale may be changed at any time and your continued use of the Platform following the posting of any notice of any change to these Terms of Sale shall constitute your acceptance and agreement to such change.
“Artwork” means any digital art, design, and drawings that may be associated with an NFT that you Own, including parcels, islands, or other land, and associated structures and objects.
“NFT” means, for purposes of these Terms of Sale, any unit of data that is a blockchain-tracked, non-fungible token, such as those conforming to the ERC-721 standard.
“NFT Owner” means a Purchaser that has purchased an NFT minted by White Sands Metaverse.
“Own” means, with respect to an NFT, an NFT that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain.
“Platform” means the White Sands Metaverse and the Associated Platforms, the White Sands Metaverse website at www.whitesands.game, or any associated subdomains, apps or web portals.
“Associated Platforms” means the Minecraft software and platforms used by the Platform and the NFT Worlds platform.
“Purchaser” means a person or entity that purchases an NFT from White Sands Metaverse.
“Purchased NFT” means an NFT that you Own.
“Qualifying Transaction” means any sale of a Purchased NFT on a Secondary Marketplace.
“Fees” means the amount payable by a Secondary Marketplace to White Sands Metaverse.
“Secondary Marketplace” means any marketplace that enables an NFT Owner to sell a Purchased NFT or any other third-party intermediary, such as an auction house that sells a Purchased NFT on behalf of an NFT Owner, where proof of such purchase is recorded on the relevant blockchain.
“Terms” means the Terms of Sale as provided herein.
“Your Content” means any files, photos, documents, audio, digital works, and videos that you upload, store or share, but does not include any NFT that you Own.
2. Your Representations and Acceptance of Risks
2.1 You represent that you are at least thirteen years old and that if you are between the ages of thirteen and eighteen years old (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of your primary residence) you have the prior permission of your parent or legal guardian to purchase an NFT from White Sands Metaverse and to use the Platform, and that your parent or legal guardian has reviewed and discussed these Terms of Sale with you. Since certain content made available on the platform may not be suitable for minors, we recommend that parents or legal guardians who permit their child to access and use the Platform to supervise such child’s activity, including, without limitation, any engagement with any other user thereon.
2.2 You warrant that the purchase of any NFT from White Sands Metaverse will not:
a. breach any agreements with any third parties,
b. breach any agreements with banks or financial institutions, or any other form of agreement,
c. breach any applicable laws of your jurisdiction,
d. cause an infringement, misappropriation, or violation of a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
2.3 You warrant that the funds used in your Ethereum Wallet to pay for the NFT from White Sands Metaverse are not connected with any criminal activity, including tax evasion, and you are neither under investigation, nor have you been charged with or convicted of money laundering, terrorist activities or other crimes. You also represent that the source of the funds in your Ethereum 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.
2.4 You represent and warrant that you understand the cryptocurrencies and NFT market, and their associated risks and fees.
(a) To initiate certain transactions on the Platform, a Purchaser must voluntarily invoke one or more smart contract operations from an Ethereum Wallet. All such transactions on the Platform, including the sale or purchases of NFTs are initiated though one or more smart contracts at the sole discretion and at the complete risk of the Purchasers. The smart contracts are configured to facilitate the execution of a sale or transfer an NFT. The Purchaser acknowledges the risk of smart contracts and agrees to be bound by the outcome of any smart contract operation by invoking, calling, requesting, or otherwise engaging with the smart contract.
(b) You acknowledge and agree that there are risks associated with purchasing and holding NFTs and using blockchain technology. These include, but are not limited to, risk of losing access to any NFT due to loss of private key(s), custodial error or Purchaser error, risk of mining or blockchain attacks, risk of hacking and security weaknesses, risk of unfavorable regulatory intervention in one or more jurisdictions, risks related to token taxation, risk of personal information disclosure, risk of uninsured losses, unanticipated risks, and volatility risks. You also assume all risks associated with using an Internet-based currency, 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 information stored within your Ethereum Wallet.
2.5 You understand that the NFT(s) will be purchased with Ether, and that White Sands Metaverse has no control over gas fees charged and collected by Ethereum miners. You also understand that White Sands Metaverse does not have the ability to reverse Ethereum transactions. You assume all responsibility for any adverse effects of disruptions or other issues impacting Ethereum or the Ethereum platform.
2.6 You are entirely responsible for the safety and management of your own private Ethereum wallets and validating all transactions and contracts generated by this Platform before approval. Furthermore, as the smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.
2.7 You understand that the prices of NFTs are extremely volatile and fluctuations in the prices of other NFTs may impact the price of your NFTs both positively and negatively. Given the volatility, NFTs should not be considered an investment. Accordingly, no information on the Platform (or any other documents mentioned therein) is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, nothing on the Platform qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities, or other financial products. The sale of NFTs by White Sands Metaverse has not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of an NFT and the associated artwork is in compliance with laws and regulations in your jurisdiction. NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your NFT.
2.8 You understand that the Platform is built on the Associated Platforms and accordingly White Sands Metaverse has no control over changes in the Associated Platforms that may affect the Platform and those changes may affect the functionality and operation of the Platform and your ability to continue to benefit from the Purchased NFT.
3. Ownership & Secondary Sales
3.1 The purchase price for an NFT is stated in a cryptocurrency amount. You may send payment from any digital wallet provider or from a self-hosted wallet, but the purchase will be conducted solely through the Ethereum network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the Ethereum network.
3.2 Ethereum requires the payment of a transaction fee referred to as a gas fee for every transaction that occurs on the Ethereum network. The gas fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a gas fee for cryptocurrency transactions and NFT transactions. The gas fees for NFTs are substantially higher than for cryptocurrency transactions and may actually exceed to the cost of an NFT.
3.3 (a) The risk in and responsibility for the NFT will transfer to you at the time the NFT is received in the digital wallet that you have specified, which time may be determined at our discretion, including through observation of the transfer on the blockchain on which the NFT is stored. We are not responsible for any uses you make of the NFT or for any future transfers you make of the NFT.
(b) You are responsible for implementing reasonable measures for securing the digital wallet or other storage mechanism you use to receive and hold the NFT, including any requisite private keys or other credentials necessary to access such storage mechanisms, and further you specifically acknowledge that the risk of acquiring the NFT from us, transferring the NFT to others, and holding or using the NFT or your digital wallet rests entirely with you. If your private keys or other access credentials are lost, you may lose access to your NFT. We are not responsible for any such losses, including, but not limited to, losses arising from third-party service providers.
(c) We are not responsible if the Artwork becomes inaccessible to you for any reason, or for any modifications or changes to the Artwork, including the Artwork being deleted. You acknowledge that we can make additional copies of, and distribute, the Artwork, and could sell or otherwise assign the copyright or other intellectual property rights or economic rights in the Artwork.
3.4 Your purchase of an NFT means you have full ownership rights in the NFT itself, including the right to store, sell and transfer your NFT. However, your purchase of the NFT does not provide any rights, express or implied, in (including, without limitation, any copyrights or other intellectual property rights in and to the Artwork associated with the NFT other than the rights provided to you on the Platform, such as to modify the Artwork, enter your parcel and structure built on the parcel, and to exclude others. Your rights and interest in the Artwork or NFT provided by these Terms will immediately terminate upon any subsequent sale, transfer, dispossession, burning or other relinquishment of the NFT. You may sell a Purchased NFT on a marketplace that permits the purchase and sale of your Purchased NFTs, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Artwork for their Purchased NFTs to ensure that only the actual owner can display the Art; or as part of a third–party platform or application that permits the inclusion, involvement, or participation of your NFTs, provided that the platform/application cryptographically verifies each NFT owner’s rights to display the Artwork for their Purchased NFTs to ensure that only the actual owner can display the Art, and provided that the Artwork is no longer visible once the owner of the purchased NFT leaves the platform/application.
3.5 An NFT Owner’s participation in the Platform is subject to any rules or policies adopted from time to time by White Sands Metaverse and posted on its Platform, including restrictions on architecture, types of structures, and activities and conduct of the NFT Owner or its avatar. Access to the Platform may be restricted if an NFT Owner violates these rules or policies.
3.6 In consideration for the rights granted to each Purchaser under this Agreement, White Sands Metaverse shall be entitled to receive fees from any Secondary Marketplace pursuant to any agreement it may negotiate with any Secondary Marketplace or pursuant to the terms providing for such payments by any Secondary Marketplace, or if there is no agreement or terms with the Secondary Marketplace for such a fee, White Sands Metaverse shall be entitled to receive a fee equal to 5% of the value of any sale of a Purchased NFT made on or by the Secondary Marketplace.
4. White Sands Platform and Marketing Support
4.1 White Sands Metaverse may provide benefits to Purchasers for marketing support activities such as postings on social media, in which case White Sands Metaverse shall post an addendum to these terms on its Platform with a schedule of activities, associated benefits, and conditions for the award of such benefits. The conditions for the award of such benefits may not be uniform among all Purchasers, may be conditioned upon Purchasers providing certain personal information to enable White Sands to comply with tax or other laws, and may be conditioned upon Purchasers providing documentation of any such marketing support activities that cannot be verified by White Sands accessing a third-party service such as Twitter. White Sands Metaverse has no obligation to award any such benefits and no Purchaser shall expect to be awarded any such benefits. Any marketing program developed by White Sands on its Platform may be discontinued at any time for any reason in the sole discretion of White Sands, in which case, previous benefits accrued or awarded may lose all or a substantial portion of their value, and any NFTs minted by White Sands may also lose all or a substantial portion of their value.
The information, services, products, data, and materials contained in the Platform are provided on an “as is” basis without warranty and White Sands Metaverse, to the maximum extent permitted by law, does not assume responsibility or guarantee the accuracy, timeliness, or completeness of the content.
The Platform may enable you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.
a. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit, display Your Content without compensating you. If you do not want others to have that ability, do not use the services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the services and that the collection, use, and retention of Your Content will not violate any law or rights of others. White Sands Metaverse cannot be held responsible for Your Content, or the material others upload, store or share using the services.
b. To the extent necessary to provide the services to you and others, to protect you and the services, and to improve White Sands Metaverse products and services, you grant to White Sands Metaverse a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the services may be supported by advertising. Our advertising policies are covered in detail in the Privacy Statement.
Copyrights in the page content or display screens, and in the information and material within, including their arrangement, are owned by their respective owners unless otherwise indicated. No information or content except as otherwise expressly stated therein, may be copied, transmitted, displayed, performed, distributed, or otherwise used in whole or in part in any manner without the owners’ prior written consent, except to the extent permitted by the Copyright Act of 1976, as amended, and then, only for your personal nonbusiness use.
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
7. Service Availability
The services, or material or products offered through the Platform, may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device.
We strive to keep the services up and running; however, all online services suffer occasional disruptions and outages, and White Sands Metaverse is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or data that you’ve stored. We recommend that you regularly backup Your Content that you store on the Platform.
8. Unauthorized Use
Unauthorized use of the Platform, including but not limited to unauthorized entry, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.
We may change these Terms of Sale at any time, and we’ll tell you when we do. Using the services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the services, close your White Sands Metaverse account and, if you are a parent or guardian, help your minor child close his or her White Sands Metaverse account.
Sometimes you’ll need software updates to keep using any White Sands Metaverse mobile apps. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the services. Such updates are subject to these Terms of Sale unless other terms accompany the updates, in which case, those other terms apply. White Sands Metaverse isn’t obligated to make any updates available and we don’t guarantee that we will support the operating system of your device or continue to support the operating system of a device we previously supported.
Additionally, there may be times when we need to remove or change features or functionality of the Platform, stop providing a service, or may terminate the use of any of the Platform entirely. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, or applications previously purchased. We may release any of the Platform or their features in a beta version, which may not work correctly or in the same way the final version may work.
10. Unsolicited Ideas
White Sands Metaverse does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you send any Unsolicited Feedback to White Sands Metaverse through the services or otherwise, you acknowledge and agree that White Sands Metaverse shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
11. Notice about the H.264/AVC, MPEG-4 Visual, and VC-1 Video Standards
If Your Content includes any video that includes H.264/AVC, MPEG-4 Visual and/or VC-1 codec technology that may be licensed by MPEG LA, L.L.C. then you represent that you have a license for this technology and this notice is provided to the users to whom you send links to your video:
THIS PRODUCT IS LICENSED UNDER THE H.264/AVC, MPEG-4 VISUAL, AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NONCOMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE STANDARDS (“VIDEO STANDARDS”) AND/OR (B) DECODE H.264/AVC, MPEG-4 VISUAL, AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE THE MPEG LA WHITE SANDS METAVERSE PROPERTIES.
12. Export Laws and Taxes
You must comply with all domestic and international export laws and regulations that apply to the Platform, which include restrictions on destinations, end users, and end use.
You are responsible for all applicable tax, if any, including any VAT, sales or compensating use tax or equivalent tax wherever such taxes apply to you as the NFT Purchaser. It is your responsibility to ascertain and pay all taxes due. In addition, you will be responsible for any income or other tax arising from your disposition the cryptocurrency used to make the purchase.
You are also responsible for all applicable tax, if any, on the receipt of any benefits awarded to you for Marketing Support activities. It is your responsibility to ascertain and pay all taxes due.
White Sands Metaverse will never ask for your password or utilize an automated voice response system when contacting you. Report any suspicious activity including emails, texts, or automated messages inquiring about your account or calls from sources you cannot identify. If you feel that you have become a victim of suspicious activity, report the information immediately to White Sands Metaverse Properties using the contact information on its Platform.
14. Disclaimer of Liability
YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO WHITE SANDS METAVERSE UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100. You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or even if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to any claims related to these Terms, the sale of NFTs, the services, or the mobile apps or software related to the services.
All disputes arising out of or in connection with these Terms, including without limitation your access or use of the Platform, or to any NFTs sold, will be referred to and finally resolved by arbitration under the rules of the American Arbitration Association. The case will be adjudicated by a single arbitrator and will be administered by the American Arbitration Association in accordance with its applicable rules. Each party will cover its own fees and costs associated with the arbitration proceedings and each will pay 50% of the arbitration fees set in accordance with such rules. The place of arbitration will be Austin, Texas, United States. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction.
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE PLATFORM OR ANY NFTs SOLD OR DISTRIBUTED THROUGH THE PLATFORM, OR THE SMART CONTRACTS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY AREN’T ALLOWED. NOR IS COMBINING INDIVIDUAL PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES.
Any claim must be filed within one year from when it first could be filed. Otherwise, it’s permanently barred.
If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then the class action waiver will apply only to the other parts. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed but the rest of this section still applies.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WHITE SANDS METAVERSE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT PROVIDED THROUGH THE PLATFORM OR THIRD-PARTY CONTENT LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION); (II) ANY DAMAGES ARISING FROM FAILURE TO TRANSFER AN NFT DUE TO AN ERROR SUCH AS FORGOTTEN PASSWORDS, MISTYPED ADDRESSES OR INCORRECTLY CONSTRUCTED TRANSACTIONS, MINING ATTACKS, CYBERSECURITY ATTACKS, WEAKNESSES IN OUR SECURITY, BLOCKCHAIN MALFUNCTIONS OR OTHER TECHNICAL ERRORS, TELECOMMUNICATIONS FAILURE, UNFAVOURABLE REGULATORY DETERMINATIONS OR ACTIONS IN ONE OR MORE JURISDICTIONS (INCLUDING WITH RESPECT TO NFTS OR CRYPTOCURRENCIES), TAXATION OF NFTS OR CRYPTOCURRENCIES, PERSONAL INFORMATION DISCLOSURE, UNINSURED LOSSES, UNANTICIPATED RISKS, VOLATILITY RISKS, SERVER FAILURE OR DATA LOSS, CORRUPTED OR OTHERWISE INACCESSIBLE DIGITAL WALLETS, UNAUTHORISED ACCESS TO APPLICATIONS, INABILITY TO ACCESS OR TRANSFER THE NFT, INABILITY TO ACCESS OR DISPLAY THE DIGITAL ASSET; AND (III) ANY DAMAGES ARISING FROM ANY UNAUTHORISED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE INTRODUCTION OF VIRUSES OR OTHER MALICIOUS CODE, THE USE OF PHISHING, SYBIL ATTACKS, 51% ATTACKS, BRUTEFORCING, CHANGES TO THE PROTOCOL RULES OF THE BLOCKCHAIN (I.E. “FORKS”) OR OTHER MEANS OF ATTACK THAT AFFECT, IN ANY WAY, THE NFT OR DIGITAL ASSET; IN EACH CASE OF (I) – (III) ARISING OUT OF OR IN ANY WAY RELATED TO THE SALE OR USE OF NFTS OR DIGITAL ASSETS OR OTHERWISE RELATED TO THESE CONDITIONS OF SALE, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER WHITE SANDS METAVERSE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR THAT THE PLATFORM WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM. NEITHER WHITE SANDS METAVERSE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER WHITE SANDS METAVERSE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WHITE SANDS METAVERSE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
YOU ACKNOWLEDGE AND AGREE THAT WHITE SANDS METAVERSE IS ONLY WILLING TO PROVIDE THE PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR WHITE SANDS METAVERSE, ITS MEMBERS, MANAGERS, SUBSIDIARIES, AFFILIATES, LICENSORS, PARTNERS IN PROMOTIONS OR OTHER BUSINESS, OR ANY OF SUCH PARTIES RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, VENDORS, THIRD PARTY LICENSORS, CORPORATE PARTNERS, PARTICIPANTS SUCCESSORS AND ASSIGNS (EITHER COMPANY PARTY OR COLLECTIVELY THE “COMPANY PARTIES”) LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD COMPANY PARTIES LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY WHITE SANDS METAVERSE OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY COMPANY PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO PURCHASE YOUR NFT(s) FROM WHITE SANDS METAVERSE.
THE SALE OF AN NFT TO A PURCHASER COMPLETELY FULFILLS THE OBLIGATION OF WHITE SANDS METAVERSE AND WHITE SANDS METAVERSE HAS NO CONTINUING OBLIGATION, WHETHER TO MARKET THE NFTS OR PROVIDE ANY ADDITIONAL BENEFIT TO A PURCHASER. NO STATEMENTS MADE BY WHITE SANDS METAVERSE OR ITS REPRESENTATIVES ON THE PLATFORM, ON ANY SOCIAL MEDIA, OR OTHERWISE SHALL MODIFY ANY LIABILITY OF WHITE SANDS METAVERSE AS STATED IN THIS AGREEMENT. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT OF THE PARTIES WITH RESPECT TO THE PURCHASE OF AN NFT FROM WHITE SANDS METAVERSE AND THERE IS NO OTHER PROMISE, REPRESENTATION, WARRANTY, USAGE, OR COURSE OF DEALING AFFECTING IT.
WHITE SANDS METAVERSE SHALL HAVE NO LIABILITY TO ANYONE PURCHASING AN NFT FROM A PURCHASER. ANY STATEMENT MADE ON THE PLATFORM, ANY SOCIAL MEDIA, OR OTHERWISE ARE SUBJECT TO CHANGE FOR ANY REASON AT ANY TIME AND WHITE SANDS METAVERSE MAY NOT PROVIDE SUPPORT FOR ANY SUBSEQUENT ACTIVITIES THAT MAY HAVE BEEN PLANNED OR EXPECTED.
These Terms will survive any termination or cancellation of your White Sands Metaverse account or use of the Platform. We may assign these Terms to any other company or other party, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the services. This is the entire agreement between you and White Sands Metaverse for your use of the Platform. It supersedes any prior agreements between you and White Sands Metaverse regarding your use of the Platform. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can’t enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won’t change. These Terms are solely for your and our benefit; they aren’t for the benefit of any other person, except for White Sands Metaverse’ successors and assigns.
16. Contact Information