Preamble

These Terms and Conditions govern the relationship between you, the Purchaser (hereinafter “you” or “Purchaser”), whether personally or on behalf of an entity, and Unpaired Ltd, in incorporation, domiciled in Zug , Switzerland (hereinafter “we” or “the Company”) concerning your purchase and use of a non-fungible token (hereinafter “NFT”) from the PARTY DEGENS Project (hereinafter “the Project”).

“PARTY DEGENS” is a collection of digital artworks (NFTs) running on the Ethereum network. Technically, the Project is set up by using specially developed smart contracts (each a “Smart Contract”). The Company is selling NFTs via the website https://partydegens.io (hereinafter “Website”). This Website is only an interface allowing you to purchase NFT. Access to the Website, the Website and Smart Contract as well as any other link thereto are hereinafter collectively referred to as “the Application”.

The Company is selling NFTs and is making the Application available to you. You are entirely responsible for the safety and management of your own private Ethereum wallets when accessing, using or otherwise interaction with the Application (see also section 1.B below).

The Website and its connected services, the Application, are provided on an “as is” basis and “as available” without warranty of any kind. By using this Website and/or the Application you are accepting sole responsibility for any and all transactions involving NFT of the Project.

By interacting with the Application you agree to be bound by these Terms & Conditions of Sale and Use and any terms and conditions incorporated or referred to herein (collectively “Terms & Conditions”). If you do not agree to these Terms & Conditions, you may not access or use the Application, the Smart Contract, the Website nor otherwise participate in the Project.

1. Access and Use of Application

A. Your Wallet
You can access the Application via any web browser using the URL https://partydegens.io and a MetaMask wallet or other electronic Ethereum wallet compatible with the NFT-standard on the Ethereum network. You will not be able to interact, engage in any transaction on the Application other than through a MetaMask wallet or other Ethereum-compatible browsers/wallets. You are solely responsible for your MetaMask wallet (and/or any other Ethereum wallet compatible) and the respective private key.

B. Your Transactions on the Application
Transactions on the Application are managed and confirmed via the Ethereum blockchain. We neither own nor control MetaMask, the Ethereum network, Google Chrome, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to access and/or use the various features of the Application and/or Website. We do not cover the transaction fee of the Ethereum network (“Gas Fee”) and will not be liable for the acts or omissions of any third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any third parties. You are entirely responsible for the safety and management of your own private Ethereum wallets when accessing, using or otherwise interaction with the Application and for validating all transactions and contracts generated by this Website/the Application before approval. Furthermore, as the PARTY DEGENS Smart Contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.

The actual NFT Art is too large to store on the blockchain. Therefore, we use IPFS to store the actual NFT Art Piece. We will support IPFS storage for 200 years until at least October 16, 2221. You are responsible for downloading your NFT Art on or before October 16, 2221, date after which we may no longer support the storage of the actual NFT Art.

C. The NFT Sale / Auction
The NFTs are sold according to the specifications available on the Website and similar to the traditional Dutch Auction (hereinafter “Sale”). Thereby, the price of the NFTs will begin at an initial price of 2.5 ETH and will drop periodically until the floor price of 0.5 ETH is reached 24 hours after the start of the Sale.

By transferring the Sale price as set forth on the Website in ETH to the Smart Contract, the NFT Sale transaction between you and the Company is concluded. The Smart Contract receiving the Sale price will record the transaction and allocate the NFT to the Ethereum wallet address from which have interacted with the Smart Contract.

The Smart Contract only allows each Ethereum wallet address to purchase twenty NFT per transaction. The Company reserves the right to terminate the Sale anytime for any reason whatsoever, or for no reason, without prior notice.

2. Ownership, License and Rights

A. Ownership of NFT
Each PARTY DEGENS is an NFT on the Ethereum blockchain. When you purchase an NFT, you own the respective NFT completely. This means, you have the full property rights in the NFT and may sell your NFT or give it away. With the ownership of the NFT you receive the rights in the underlying art of the PARTY DEGENS, (hereinafter “the Art”), as outlined in these Terms & Conditions. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum network: at no point may we seize, freeze, or otherwise modify the ownership of any NFT of PARTY DEGENS.

B. Rights and Use related to the Art

• Personal Use: Subject to your continued compliance with these Terms & Conditions, we grant you a worldwide, non-exclusive, royalty-free license to use, copy, and display the purchased Art represented by your purchased NFT, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your NFT, provided that the marketplace cryptographically verifies each PARTY DEGENS NFT owner’s rights to display the Art for their NFT to ensure that only the actual owner of the NFT can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your NFT, provided that the website/application cryptographically verifies each PARTY DEGENS NFT owner’s rights to display the Art for their NFT to ensure that only the actual owner of the NFT can display the Art, and provided that the Art is no longer visible once the owner of the PARTY DEGENS NFT leaves the website/application.
• Commercial Use: Subject to your continued compliance with these Terms & Conditions, we grant you an unlimited, non-exclusive, worldwide license to use, copy, and display the purchased Art represented by the purchased NFT, including for the purpose of creating derivative works based upon the Art, (hereinafter referred to as “Commercial Use”). Examples of such Commercial Use would e.g. be the use of the Art to produce and sell merchandise products (T-Shirts etc.) displaying copies of the Art. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of PARTY DEGENS NFTs generally, provided that the marketplace cryptographically verifies each PARTY DEGENS NFT owner’s rights to display the Art for their NFT to ensure that only the actual owner of the NFT can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of PARTY DEGENS NFT generally, provided that the third party website or application cryptographically verifies each PARTY DEGENS NFT owner’s rights to display the Art for their NFT to ensure that only the actual owner of the NFT can display the Art, and provided that the Art is no longer visible once the owner of the purchased PARTY DEGENS NFT leaves the website/application; or (iii) earning revenue from any of the foregoing.
• License to Transfer of Art: Subject to the ownership of the NFT and compliance with these Terms & Conditions, the Purchaser is aware that the usage rights related to the Art may be transferred only by transferring the respective NFT.

If at any time you sell, swap, donate, give away, transfer, or otherwise dispose of your NFT for any reason, the license granted in this section will immediately terminate with respect to that NFT without the requirement of notice, and you will have no further rights in or to the Art for that NFT. In such case, the rights set forth in this Section 2.B. will be automatically with the new legitimate owner of the NFT.

Notwithstanding the foregoing, the Company remains the right to use and display the Art on the Website and/or use or publish the Art by any means for the Project (e.g., for exhibition purposes).

C. Intellectual Property Rights of Company
Other than the limited usage rights to the Art as set forth above, nothing herein gives you any rights, titles or interests in and to any other trademarks or other intellectual property rights belonging to the Company (including the term PARTY DEGENS), the associated logos and/or the Application and/or the Art. All legal rights, titles, and interests in and to all registered and unregistered trademarks (including the term PARTY DEGENS), brands, logos, elements of the Application, the Website, the Art, and/or the Company and all intellectual property rights therein and/or connected thereto remain with the Company and are expressly reserved in the name of the Company. Therefore, you acknowledge and agree that we remain owner of all legal rights, titles and interests in and to all registered and unregistered trademarks (including the term PARTY DEGENS), brands, logos, elements of the Application, and all intellectual property rights therein and/or connected thereto (including, without limitation, all Art, designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Application [collectively, hereinafter as the “Application Materials”]). You acknowledge that the Application Materials may be protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Application Materials are the copyrighted property of us or our licensors, and all trademarks, service marks, and trade names associated with the Application or otherwise contained in the Application Materials are proprietary to us or our licensors.

D. Feedback
You may choose to submit comments, bug reports, ideas or other feedback about the Website and/or Application, including without limitation about how to improve the Website and/or the Application (collectively, hereinafter referred to as “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback in any way we choose without additional compensation to you and you hereby grant us a perpetual, irrevocable, nonexclusive, transferable, worldwide license to incorporate and use the Feedback for any purpose. You agree that we may process any personal data and information involved or related to the Feedback in accordance with Section 10.

3. Your Obligations, Responsibilities and Warranties

You herewith acknowledge and agree to bear the following responsibilities and obligations and that you warrant in particular:

• You are solely responsible for your MetaMask wallet (and/or any other Ethereum wallet compatible) and the respective private key to access the wallet.
• You are solely responsible for your own conduct while accessing, using and/or otherwise interacting with the Website, the Application, and for any consequences thereof.
• By accessing the Application, and/or purchasing an NFT you represent and warrant to be legally entitled to do so.
• You agree to use the Website and/or the Application only for purposes that are legal, proper and in accordance with these Terms & Conditions and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person; (iv) upload, post, transmit or otherwise make available through the Application any content that infringes the intellectual property or proprietary rights of us or any party or otherwise violates the legal rights of others; (v) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vi) interfere with other purchasers / users' use of the Website and/or Application; (vii) use the Website and/or Application for any unauthorized commercial purpose; (viii) modify, adapt, translate, or reverse engineer any portion of the Website and/or Application; (ix) remove any copyright, trademark or other proprietary rights notices contained in or on the Website, the Application or any part of it; (x) use any technology to collect information about the Website’s and/or Application’s for any unauthorized purpose; (xi) access or use the Website and/or Application for the purpose of creating a product or service that is competitive with any of our products or services. If you engage in any of the activities prohibited by this Section, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your use of the Application. You confirm to not be domiciled in or organized under the laws of any country whose legislation conflicts with the access, use or interaction with the Application and/or the purchase of NFT in general.
• You further confirm that you are neither resident of, citizen of, or located in a country or territory subject to UN-, US-, EU-, or Swiss embargoes or that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization, such as the Financial Action Task Force on mon-ey laundering (“FATF”) nor listed, or associated with any person or entity being listed, on any of the US Department of Commerce’s Denied Persons or Entity List, the US Depart-ment of Treasury’s Specially Designated Nationals or Blocked Persons Lists, the US De-partment of State’s Debarred Parties List, the EU Consolidated List of Persons, Groups and Entities Subject to EU Financial Sanctions, or the Swiss SECO’s Overall List of Sanctioned Individuals, Entities and Organizations.
• You are solely responsible to bear, declare, reimburse and pay all taxes, value-added taxes, contributions, duties, charges, fees (including Gas Fees, as outlined below) and or any other costs imposed by or claimed by any authority associated with the use of the Application, Website and/or the purchase or ownership of the NFT.
• You confirm that you may not nor permit any third party to modify or use the Art (reflected in the purchased NFT) in any way that is not in line with these Terms & Conditions or any applicable law and regulation.

4. Fees and Payment

If you elect to purchase a NFT of PARTY DEGENS through the Application, any financial transactions that you engage in 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. Ethereum requires the payment of a transaction fee (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 each transaction, in particular each transaction via the Application.

5. Taxes

All paid prices exclude any possible duties or charges or Gas Fees. You will be solely responsible to pay any and all sales, use, value-added and other taxes, Gas Fees, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Application (including, without limitation, any Taxes that may become payable as the result of your ownership of an NFT). Except for income and net-wealth taxes levied on the Company, you

• (i) will pay or reimburse us for all national, federal, state, regional, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, regional, local or any other taxing jurisdiction;
• (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms & Conditions.

6. Disclaimers

A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR APPLICATION IS AT YOUR SOLE RISK, AND THAT THE WEBSITE AND/OR APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE WEBSITE AND/OR APPLICATION AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE WEBSITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE WEBSITE AND/OR APPLICATION WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE WEBSITE AND/OR APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE WEBSITE AND/OR APPLICATION WILL BE ACCURATE, (III) THE WEBSITE AND/OR APPLICATION OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE WEBSITE AND/OR APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA OR CONTENT THAT YOU DISCLOSE WHEN YOU USE THE WEBSITE AND/OR APPLICATION WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

B. 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 WILLFULL MISCONDUCT.

C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK NOR DO WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES REGARDING ANY SMART CONTRACTS.

THE TECHNOLOGY USED FOR THE SALE OF THE NFT, IN PARTICULAR THE APPLICATION AND THE UNDERLYING SMART CONTRACT SYSTEM AND THE CONNECTED WEBSITE, AS WELL AS TECHNICAL CONCEPTS AND THEORIES HAVE BEEN TESTED IN ACCORDANCE WITH STATE OF THE ART SECURITY TESTING PROCEDURES. HOWEVER, YOU ARE AWARE, UNDERSTAND AND ACCEPT THAT SOFTWARE MAY ALWAYS CONTAIN BUGS AND/OR NOT OPERATE ERROR-FREE AND THAT THERE IS NO WARRANTY THAT THE PROCESS FOR PURCHASING NFT AND INTERACTING WITH THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE AND THAT THERE REMAINS AN INHERENT RISK THAT THE APPLICATION, THE SOFTWARE AND RELATED TECHNOLOGIES COULD BE EXPOSED TO ATTACKS BY HACKERS OR OTHER INDIVIDUALS AND COULD CONTAIN WEAKNESSES, VULNERABILITIES OR BUGS CAUSING, INTER ALIA, THE COMPLETE LOSS OF THE ETH TRANSFERRED TO THE SMART CONTRACTS AND/OR THE NFT.

You understand and accepts that, the Ethereum blockchain used for the NFT sale could be susceptible to consensus-related attacks, including but not limited to double-spend attacks, majority validation power attacks, censorship attacks, and byzantine behaviour in the consensus algorithm. Any successful attack presents a risk to the expected proper execution and sequencing of transactions related to the Application and the expected proper execution and sequencing of smart contract computations, which may lead to the loss of the ETH transferred to the Application and/or the NFT.

7. Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY. THESE PROVISIONS LIMIT THE SCOPE OF THE COMPANY’S LIABILITY IN CONNECTION WITH THE SALE OF THE NFT AS WELL AS THE USE OF THE APPLICATION.

A. YOU UNDERSTAND THAT THE COMPANY’S LIABILITY UNDER THESE TERMS & CONDITIONS IS LIMITED TO THE EXTENT PERMISSIBLE UNDER SWISS LAW. HENCE, THE COMPANY’S LIABILITY UNDER THESE TERMS & CONDITIONS IS LIMITED UNDER ANY TITLE TO DAMAGES CAUSED BY WILLFUL INTENT OR GROSS NEGLIGENCE.

B. YOU UNDERSTAND AND AGREE THAT WE, OUR PARENT, SUBSIDIARIES, AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DIMINUTION OF VALUE OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE APPLICATION AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO PROVIDE THE APPLICATION TO YOU WITHOUT THESE LIMITATIONS.

8. Risk Assumption

You accept and acknowledge each of the following:

• To the extent that you sell your PARTY DEGENS NFT, please be aware that the prices of NFTs are extremely volatile and fluctuations in the prices of other NFTs and impact the price of your PARTY DEGENS NFT both positively and negatively. Purchased NFT have no inherent or intrinsic value. Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFTs, which may also be subject to significant price volatility. We cannot guarantee that any NFTs purchased will retain their original value, as the value of collectibles is inherently subjective and factors occurring outside of the Project ecosystem may materially impact the value and desirability of any particular NFT. Given the volatility, NFTs such as PARTY DEGENS NFT should not be considered an investment. You assume all risks in that connection.
• Ownership of a PARTY DEGENS NFT confers the respective legal rights in a digital artwork only. Accordingly, no information on the Website and/or Application (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 Website and/or Application 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. Due to the artistic nature of the Project, the Company has not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the PARTY DEGENS NFT and the associated Art is in compliance with laws and regulations in your jurisdiction.
• You 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 wallet including but not limited to any third-party attack such as hacking. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network, however caused.
• 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 PARTY DEGENS NFT. The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Project’s ecosystem, and therefore the potential utility or value of your NFTs. You understand and accept all risk in that regard.
• The Application does not store, send, or receive NFTs. This is because NFTs exist only by virtue of the ownership record maintained on the Application’s supporting blockchain in the Ethereum network. Any transfer of NFTs occurs within the supporting blockchain in the Ethereum network, and not on the Application.
• Upgrades to the Ethereum network, a hard fork in the Ethereum network, or a change in how transactions are confirmed on the Ethereum network may have unintended, adverse effects on all blockchains using the Ethereum network’s NFT standard, including the Project’s ecosystem. You assume all responsibility for any adverse effects of disruptions or other issues impacting Ethereum or the Ethereum platform.
• You accept all risks and assume full responsibility with regard to the storage of the NFT. You accept the risks associated with storage of the NFT by IPFS and accept that we are not responsible and cannot be held liable for any downtime or any other issues including total loss of your NFT due to faulty functioning of IPFS as well as of other data storage and/or data access and hosting systems provided by third parties for whichever reason, including hacking or any other kind of third-party attacks.
• You are solely responsible for determining what, if any, taxes apply to your NFT-related transactions. We are not responsible for determining the taxes that apply to your transactions on the Application.

9. Indemnification

You agree to hold harmless and indemnify the Company and its subsidiaries, affiliates, officers, agents, employees, directors, advertisers, licensors, suppliers, contractors, consultants or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys' fees arising out of or in any way related to (i) your breach of these Terms & Conditions, (ii) your misuse of the Website and/or Application, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Website and/or Application and/or purchase of NFT.

10. Data Protection

You acknowledge that by accessing or using the Website and/or Application certain personal data and information may be shared with us and processed by us. We inform you in our Privacy Policy, incorporated into these Terms & Conditions, about how we collect, use, disclose and store your personal data and information. You hereby acknowledge and agree to the usage, collection, storage and disclosure of your personal data as outlined in our Privacy Policy.

11. Changes

A. Changes to the Website and Application
The Company is entitled to change, update, modify and/or amend in any way the Website and/or Application at their sole discretion. You acknowledge and agree that the form and nature of the Website, the Application and/or any part of it/thereof/therein may be changed, updated, modified or in any other way amended without prior notice to you.

B. Changes to the Terms and Conditions
We may make changes to the Terms & Conditions at our sole discretion. The Terms & Conditions are available on our Website. Please check these Terms & Conditions periodically for changes. Any changes to the Terms & Conditions will apply on the date that they are made, and your continued access to or use after the Terms & Conditions have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms & Conditions, you may not access or use the Website and/or Application.

12. Children

Our Website as well as our Application is not intended for children or minors (individuals under the age of 18). You must be at least 18 years old to access this Website and/or the Application as well as to purchase a NFT of PARTY DEGENS. If you are under 18 years old you are not permitted to use this Website nor the Application for any reason. By accessing the Website and/or the Application, you represent and warrant that you are at least 18 years of age. If you are domiciled and/or resident in a country with a different minimum age limit, you represent and warrant to have at least the minimum age for providing consent for data collection in your country. Otherwise you may not use our Website and/or Application.

13. Miscellaneous

A. Force Majeure
Non-performance by us is excused if we prove that the non-performance was due to an impediment beyond our control (in particular, but not limited to shortage of raw materials and/or energy, war, fire, damages or disturbances in the plants, official measures, interruptions in the way of transportation, labour troubles, epidemics, COVID-19, cyber-attack, cyber incident, etc.) and that we could not reasonably be expected to have taken the impediment into account at the time of the conclusion of these Terms & Conditions or to have avoided or overcome it or its consequences.

B. External Websites and Links
Our Website and/or Application may contain links to third party websites and its products, materials or services (hereinafter “Third-Party Websites”). You acknowledge and agree that (i) we are not responsible for the availability of any Third-Party Websites, (ii) the Third-Party Websites are not within our control; (iii) we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the Third-Party Websites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products, services or other materials on, or made available from, any Third-Party Website.

C. Entire Agreement
These Terms & Conditions contain the entire agreement between the parties regarding the therein stipulated matter and supersedes all understandings and agreements whether written or oral for that subject matter.

D. Severability
Should any part of these Terms & Conditions be held invalid, illegal, void or unenforceable, that portion will deemed severed from these Terms & Conditions and will not affect the validity or enforceability of the remaining provisions of these Terms & Conditions.

E. No Assignment
You have no right to assign, transfer, subcontract or otherwise delegate your rights and obligations under these Terms & Conditions, either as a whole or in part, to any third party without the prior written and express consent of the Company. The Company is entitled to assign its rights and obligations under these Terms & Conditions in its sole discretion to an affiliate, or in connection with an acquisition, sale, merger or reorganization.

F. No Third-Party Beneficiaries
These Terms & Conditions do not and are not intended to confer any rights or remedies upon any person or entity other than you.

14. Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE WEBSITE AND/OR APPLICATION AND/OR ANY PRODUCTS AND/OR SERVICES SOLD OR DISTRIBUTED THROUGH THE WEBSITE AND/OR APPLICATION, AND/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.

You acknowledge and accept that all claims and disputes within the scope of these Terms & Conditions must be litigated on an individual basis and not on a class or collective basis. Claims of more than one customer, user or Purchaser cannot be consolidated with those of any other customer, user or Purchaser. Only individual relief is available.

15. Governing Law and Jurisdiction

These Terms & Conditions and all claims relating to or arising out of these Terms & Conditions, or the breach thereof, whether in contract, tort or otherwise, shall be governed by Swiss Law, excluding Swiss choice-of-law principles as well as the United Nations Convention for Contracts for the International Sales of Goods. Any dispute, controversy or claim arising out of, or in relation to, these Terms & Conditions, including the validity, invalidity, breach, or termination thereof, shall be resolved exclusively by the cantonal court of the canton of Zug, Switzerland.