Finder “Peace Koalas” NFT Project Terms and Conditions

The Finder “Peace Koalas” NFT Project is a collection of digital artworks (NFTs) running on the Ethereum network. Hive Empire Pty Ltd (“Finder, we, us or our“) has developed the Finder “Peace Koalas” (“Art“) to help raise funds for charities and non-governmental organizations supporting Ukrainians.

This website (the “Site“) is only an interface allowing you to purchase the NFTs. You are entirely responsible for the safety and management of your own private Ethereum wallet(s) and validating all transactions and contracts generated by this website before approval. The Finder “Peace Koalas” NFT Project smart contract runs on the Ethereum network and there is no ability to undo, reverse or restore any transactions (“Smart Contract“).

The Site and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website, you are accepting sole responsibility for any and all transactions involving the NFTs.

The Terms and Conditions for accessing the Site and purchasing the NFTs are set out below (“Terms“)

1. Ownership
(a) Each piece of Art is an NFT on the Ethereum blockchain. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network. You own the NFT after you purchase it (“Art Owner“)

(b) Subject to your continued compliance with these Terms, Hive Empire Pty Ltd (Finder) grants you a worldwide, royalty-free license to use, copy and display the purchased Art, 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 that purchase and sale of your NFT, provided that the marketplace cryptographically verifies each Art Owner’s rights to display the Art and to ensure that only the actual owner can display the Art, or

(iii) as part of a third party website or application that permits the inclusion, involvement or participation of your Art, provided that the website or application cryptographically verifies each Art Owner’s rights to display the Art to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner leaves the website or application.

(c) Other than the rights to the Art, nothing herein gives you any rights to any other trademarks or other intellectual property rights belonging to Finder.

(d) You may choose to submit comments, bug reports, ideas or other feedback about the Site, including without limitation about how to improve the Site (collectively, “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, worldwide license to incorporate and use the Feedback for any purpose.

2. Your obligations

(a) You are solely responsible for your own conduct while accessing or using the Site, and for any consequences thereof.

(b) You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations.

(c) You acknowledge and agree that you will not, and will 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 Site any content that infringes the intellectual property or proprietary rights of 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 users’ use of the Site;

(vii) use the Site for any unauthorized commercial purpose;

(viii) modify, adapt, translate, or reverse engineer any portion of the Site;

(ix) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or any part of it;

(x) use any technology to collect information about the Site’s for any unauthorized purpose;

(xi) access or use the Site for the purpose of creating a product or service that is competitive with any of our products or services.

(d) 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 user account.

3. Fees and Payment

(a) You are solely responsible for your own conduct while accessing or using the Site, and for any consequences thereof.

(b) If you elect to purchase a piece of Art through the Site, any financial transactions that you engage in will be conducted solely through the Ethereum network.

(c) We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions.

(d) 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.

(e) The Ethereum network 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.

4. Disclaimers

(a) You expressly understand and agree that your access to and use of the Site is at your sole risk and that the Site is provided “as is” and “as available” without warranties of any kind, whether express or implied.

(b) To the fullest extent permitted by law, we (including our employees, contracts and agents) exclude all implied warranties, guarantees and conditions under statute or general law in connection with the Site and any part of it (including, without limited, the Site, and Smart Contract, or any external websites), other than the warranties expressly set out in these Terms.

(c) 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 wilful misconduct.

(d) 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 any control over and make no guarantees regarding any smart contracts.

5. Limitation of liability

(a) You understand and agree that we will not be liable to you or to any third party for any 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, or any other intangible loss, even if we have been advised of the possibility of such damages.

(b) You agree that our total, aggregate liability to you for any and all claims arising out of or relating to these Terms of your access to or use of (or your inability to access or use) any portion of the Site, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis is limited to the lesser of:

(i) the amounts you actually paid us under these Terms in the 12 month period preceding the date the claim arose, or

(ii) AUD 500.

6. Risk disclosure

You accept and acknowledge each of the following:

(a) To the extent that you sell your Finder Ukraine NFT, please be aware that the prices of NFTs are extremely volatile and fluctuations in the prices of other NFTs may impact the price of your Finder “Peace Koala” both positively and negatively. Given the volatility, NFTs such as the Finder “Peace Koalas” should not be considered an investment. You assume all risks in that connection.

(b) Ownership of a Finder “Peace Koalas” confers ownership of digital artwork only. Accordingly, no information on this Site (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 this Site 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, Finder is not registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the NFT and the associated art is in compliance with laws and regulations in your jurisdiction.

(c) 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.

(d) 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 Finder “Peace Koalas”. You understand and accept all risks in that regard.

(e) You assume all responsibility for any adverse effects of disruptions or other issues impacting Ethereum or the Ethereum platform.

7. Indemnification

(a) You agree to hold harmless and indemnify Finder and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers 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,

(ii) your misuse of the Site, or

(iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Site.

8. Changes to the Terms and Conditions

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

9. Eligibility

(a) You must be at least 18 years old to access this Site or purchase a Finder “Peace Koalas” NFT. If you are under 18 years old you are not permitted to use this Site for any reason.

(b) By accessing the Site, you represent and warrant that you are at least 18 years of age.

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