Utility Wen (Project) and associated digital assets are provided on an "as is" basis, without any warranties or representations, expressed or implied. The Project disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The NFT project offers holders the opportunity to receive physical goods and two separate non-exclusive, limited scope licenses: a license to utilize Project programs for all holders for so long as they are available, and a predicate license that enables the holder to apply for a franchise application, should that opportunity become available. No guarantee is made that such programs will be created. Holders are required to lawfully purchase/acquire their NFT(s), including payment of royalties to the Project, in order to utilize these licenses. The Project makes no guarantees or representations regarding the availability, quality, or delivery of the physical goods. Holders are responsible for complying with all applicable laws and regulations related to the acquisition, possession, and distribution of the physical goods. The Project shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits or expected profits, goodwill, use, data, or other intangible losses arising out of or in connection with the use or inability to use the NFTs, the platform, the physical goods, or any associated licenses, rights, or services.
Terms & Conditions:
- Ownership: The purchase of an NFT grants the buyer ownership of a unique digital asset associated with the Project, and the right to receive physical goods from the Project. The ownership rights are subject to the terms and conditions outlined herein.
- Physical Goods: Purchasers and holders of the NFT will be eligible to own/receive physical goods. Purchasers will have the right to receive these goods, and will have ninety (90) days from the date of minting to make that choice. If an NFT is transferred to a new owner before the physical goods have been claimed, only the current holder will have the opportunity to receive the physical goods. The availability, quality, and delivery of the physical goods are subject to the Terms and Conditions set forth by the Project. Should holders engage in individual resale, those holders are responsible for compliance with all applicable laws as well as any costs, taxes, or fees associated with the receipt and distribution of the physical goods.
- Project Programs: Holders of the NFT will be eligible to participate in project programs for all holders. The availability, quality, and specific details of such Project programs are subject to the program Terms and Conditions set forth by the Project.
- Predicate License for Franchise Application: Holders of the NFT are granted a predicate license that enables them to apply to the Project for a franchise license, should such an opportunity become available. The franchise license is subject to separate Terms and Conditions determined by the Project. Holders must meet all requirements and fulfill any obligations set forth by the Project to be eligible for the franchise license.
- Other Rights: Holders may be entitled, from time to time, to participate and give input into decisions made by the Project. Such opportunities shall be made available on a basis decided by the Project, and final decision-making authority shall rest with the Project.
- Royalties and Payments; Refunds: Holders of the NFT are required to pay royalties to the Project as outlined in these terms. Failure to comply with payment of royalties may result in the suspension or termination of the licenses associated with the NFT. Any purchasers who believe they are entitled to refunds based on their jurisdiction’s laws must assert such claims within the minimum allowed timeframe under those laws, or waive their claims in perpetuity.
- Modifications and Termination: These terms supersede all representations made by the Project whether verbal or written, express or implied. The Project reserves the right to modify or terminate the NFT project, the platform, the licenses, project programs, or any associated content or services at any time without prior notice. Holders will be provided with reasonable notice regarding any changes that may materially affect their rights.
- Severability: Should any provisions of these terms be found unlawful, the remainder shall continue in full force and effect unless application of such would produce an absurd result.
- Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of the British Virgin Islands. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of the British Virgin Islands.