βοΈTerms of Sale and Use
Last Updated on May 23, 2024
This is a legally binding agreement (the "Agreement") between NFT Sports Zone DAO LLC ("NFT Sports Zone") and You as (i) a purchaser of a NFT Sports Zone NFT (defined below) or (ii) any subsequent purchaser or receiver of a NFT Sports Zone NFT (also referred to herein as "You" or "Your"), governing Your purchase of a NFT Sports Zone NFT.
All sales of NFTs through this website or any other website we partner with are expressly subject to the terms and conditions of this Agreement, as may be periodically updated. No signature is necessary to be bound by this Agreement. Instead, by purchasing a NFT Sports Zone NFT, you agree that you have carefully read, understood, and agree to be bound by all of the terms and conditions contained in this Agreement, including those relating to limitations of liability and arbitration, as well as the NFT Sports Zone Privacy Policy (https://www.nftsportszone.io/privacy-policy) and the NFT Sports Zone website Terms & Condition (https://www.nftsportszone.io/terms). To the extent that any terms and conditions herein conflict with the Terms and Conditions of the NFT Sports Zone website, these terms and conditions of this Agreement shall be controlling.
The "Effective Date" of this Agreement is the date on which you accept this Agreement by purchasing, acquiring, or possessing a NFT Sports Zone NFT.
UNDERSTANDING THE NATURE OF THE NFT SPORTS ZONE NFT
YOU ACKNOWLEDGE AND UNDERSTAND THAT THE NFT SPORTS ZONE NFTS ARE UTILITY TOKENS THAT ENTITLE ITS HOLDER TO CERTAIN BENEFITS AND ACCESS TO FUTURE PRODUCTS AND SERVICES OFFERED BY NFT SPORTS ZONE.
YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THAT THE SALE OF THE NFT SPORTS ZONE NFTS ARE INTENDED FOR ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS CONFERRING ANY INTEREST IN ANY SECURITY, ENTITY, INVESTMENT VEHICLE OR CONTRACT, INCLUDING, BUT NOT LIMITED TO THE NFT SPORTS ZONE OR ANY NFT SPORTS ZONE TEAM.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU HAVE NO EXPECTATION OF PROFIT ASSOCIATED WITH YOUR PURCHASE OR OF A NFT SPORTS ZONE NFT, THE UTILITIES DEFINED HEREIN, THE EFFORTS OF NFT SPORTS ZONE OR ANY THIRD PARTY OR, THE APPROVAL OF ANY OFFERING BY THE SECURITIES AND EXCHANGE COMMISSION SET FORTH IN FUTURE TEAM SALES.
YOU FURTHER UNDERSTAND THAT ANY REFERENCES TO SECONDARY MARKETS FOR NFTS ARE PROVIDED SOLELY FOR INFORMATIONAL PURPOSES AND YOU ACKNOWLEDGE AND AGREE THAT YOUR PURCHASE OF ANY NFT SPORTS ZONE NFT IS NOT IN RELIANCE OF THE EXISTENCE OF ANY SUCH SECONDARY MARKET THAT MAY OR MAY NOT SUPPORT THE NFT SPORTS ZONE NFT.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND MUST NOT PURCHASE ANY NFT SPORTS ZONE NFTS.
DEFINITIONS
"Art" means any art, graphics, images, designs, logos, taglines, and drawings that may be associated with NFT Sports Zone NFT.
"NFT SPORTS Zone IP" means (i) the name "NFT Sports Zone" and associated logos and (ii) the name of the NFT Sports Zone sports leagues associated and associated logos. NFT Sports Zone IP does not include the name and/or likeness of any NFT Sports Zone sports league player or coach, which are expressly excluded from the definition of NFT Sports Zone IP.
" NFT Sports DAO NFT" shall refer to any ERC-721, ERC-721A, ERC-20, SPL token originally offered for sale by NFT Sports Zone on the Website.
"NFT owner" means the current owner of an NFT that has rightfully acquired the NFT from a legitimate source, where proof of such purchase is recorded on the relevant blockchain. If the NFT is owned fractionally by multiple owners, only the person or entity who possesses the digital wallet holding the NFT is given the rights under this Agreement. For clarity, any person or entity that only owns a fractional interest in the NFT is not an NFT owner within the meaning of this Agreement and does not have any right to access the Utilities.
"Initial Purchase Price" shall refer to the amount paid by any person or entity in connection with the purchase of a NFT Sports Zone NFT from NFT Sports Zone on the Website.
"NFT" means any blockchain-tracked, non-fungible token.
"NFT Owner" shall refer generally to any stadium seat owner.
"Secondary Transaction" means any transaction in which a NFT Sports Zone NFT is resold by a current NFT Owner to another person or entity or is otherwise transferred subsequent to its initial purchase.
"Third Party IP" means any third party name, nicknames, images, likenesses, copyrights, trademarks, trade dress, or any other intellectual property rights recognized in any country or jurisdiction in the world associated with NFT Sports Zone NFTs.
"Utilities" shall have the meaning set forth in Utilities page
"Website"" shall refer to https://www.nftsportszone.io
GOVERNING LAW
This Agreement and all matters related to it, including, without limitation any Claims and Losses, shall be governed by, construed, and enforced in accordance with the laws of Virginia, without regard to conflict of law principles, except to the extent that laws of Virginia are inconsistent with or preempted by federal law.
TRANSLATION
If You are provided a translation of this Agreement, the original version in English will be used in deciding any issues or disputes which arise under this Agreement.
SEVERABILITY
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
CHANGES TO THIS AGREEMENT
NFT Sports Zone may make changes to this Agreement from time to time. In the event of any such changes, we will make the updated Agreement available on this website and update the "Last Updated" date at the beginning of the Agreement accordingly. If we make changes that are material, we will use reasonable efforts to attempt to notify you. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the date they are published, or such later date as may be specified in the updated Terms. Your continued access to or use of a NFT Sports Zone NFT, the Art, NFT Sports Zone IP, third-party IP or the Utilities after this Agreement has been updated will constitute Your binding acceptance of any updates.
ENTIRE UNDERSTANDING
You acknowledge that in deciding to purchase a NFT Sports Zone NFT, you have not relied upon any promises, statements, representations or commitments, whether spoken or in writing, made to You by NFT Sports Zone, its representatives or any other persons or entities, except for what is expressly stated in this Agreement. This Agreement constitutes the entire understanding between You and NFT Sports Zone, and replaces and cancels all previous agreements and commitments, whether spoken or written, in connection with Your purchase of a NFT Sports Zone NFT and the use of the Utilities.
FORCE MAJEURE
NFT Sports Zone shall not be considered to be in default or breach of this Agreement, and shall be excused from performance, the offering of the Utilities, or liability for damages of any kind, if and to the extent it shall be delayed in or prevented from performing or carrying out any of the provisions of this Agreement, including offering of the Utilities, arising out of or from any act, omission, or circumstance by or in consequence of any act of God, labor disturbance, sabotage, failure of suppliers of materials, act of the public enemy, war, invasion, insurrection, riot, fire, storm, flood, ice, earthquake, explosion, epidemic, pandemic, breakage interruptions, loss or malfunction, computer failure or any other cause or causes beyond such Partyβs reasonable control, including any curtailment, order, regulation, or restriction imposed by governmental, military or lawfully established civilian authorities, or by making of repairs necessitated by an emergency circumstance not limited to those listed above upon the property or equipment of the NFT Sports Zone or property or equipment of others relating to the Utilities.
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