TERMS & CONDITIONS

1. Definitions

The terms in this document are defined as follows:

“Art”

Refers to any art, design, product design, trademark, logo, animation, video, drawings and/or other digital content owned by or licensed to Justaddsugar and/or JUSTADDMETA that is linked to an NFT.

“NFT”

Refers to any blockchain-tracked non-fungible token.

“own an NFT”

Refers to a person that has rightfully and lawfully purchased or acquired the NFT from a legitimate source where such purchase or acquisition is recorded on the relevant blockchain.

“purchased NFT”

Refers to an NFT that you own. The NFT can be originally minted, bought on a marketplace, or been a gift by JUSTADDMETA or anybody else.

“third party IP”

Refers to any and all intellectual property rights belonging to a third party, including but not limited to patents for inventions and discoveries, utility models, design rights, trademarks and service marks, trade names and logos, devices and signs, copyrights along with any goodwill associated therewith, as well as rights in confidential information and know-how held anywhere around the world whether such rights are registered or not.

2. OWNERSHIP

Justaddsugar GmbH (“Justaddsugar” oder “JUSTADDMETA”) (or, as applicable, its licensors) owns all legal rights, title, and interest in the Art and any intellectual property rights therein. You only have those rights expressly stated in Section 3 of these terms and conditions below. JUSTADDMETA and its licensors reserve all other rights not granted to you including, but not limited to the right to reproduce, create derivative works from the art, distribute and display the art.

3. TERMS

With respect to your lawful purchase of the NFT, and provided you remain in compliance with these Terms, JUSTADDMETA hereby grants you a worldwide, non-exclusive license (with no right to sublicense) to display the art for your purchased NFT solely for personal, non-commercial use. Examples of such permitted uses include: (i) displaying the NFT at home or in a virtual gallery; (ii) as part of a marketplace that facilitates the buying and selling of NFTs, on the condition that the marketplace cryptographically verifies each owner, so that only genuine owners can show the art; or (iii) as part of a third party website/application that permits the inclusion, involvement, or participation of NFTs, provided that the website/application cryptographically verifies each NFT owner in order to ensure only genuine owners can display it. The art will no longer be visible once the owner of the purchased NFT leaves the website/application. As provided below in Section 5, the license to display the art for a purchased NFT is automatically and always transferred along with the NFT. Otherwise, this license is non-transferable.

4. RESTRICTIONS

You agree that you will not, under any circumstances, attempt or allow a third party to do any of the following without prior written consent from JUSTADDMETA: (i) commit any changes to the art of your purchased NFT, such as modifications or distortion. This includes, but is not limited to, shapes, designs, drawings, attributes, and color schemes; (ii) use the art associated with your purchased NFT for any commercial purposes. This includes, but is not limited to brand, trademark, advertise, market, or sell any third party products or services; (iii) use the art for your purchased NFT in any moving and non-moving picture or any other forms of media, except solely for non-commercial or your own personal use; (iv) use the art for your purchased NFT in relation to any form of content or other forms of media with connection or depiction of intolerance, hatred, cruelty, violence, or anything else that could reasonably constitute hate speech or else promote illegal activities and infringes upon the rights of others; (v) sell, distribute or commercialize merchandise that somehow relates to the art of your purchased NFT; (vi) use the art for your purchased NFT in connection with dishonest or statements about JUSTADDMETA and/or its affiliated companies; (vii) use the art associated with your purchased NFTs for any commercial benefit, either for yourself or any third party. With regards to third party IPs that are associated with your purchased NFT, you comprehend and agree as follows: (a) the restrictions presented above are equally valid; (b) depending on the licensing of the third party IP owners, JUSTADDMETA may have to pass on additional restrictions regarding the usage of the respective art; (c) additional restrictions and the responsibility for your compliance starts with the date of written notification (e-mail is permitted), not doing so will be viewed as a violation of these terms. The restrictions detailed in Section 4 will remain in effect after the expiration or termination of the license granted in Section 3. The NFT, and any product or service related to the NFT, is not available to certain individuals, countries, or territories as deemed sanctioned by governing bodies. An outline of all affected entities can be viewed on the following websites: European Union (https://sanctionsmap.eu/#/main), Switzerland (https://www.seco.admin.ch/seco/de/home/Aussenwirtschaftspolitik_Wirtschaftliche_Zusammenarbeit/Wirtschaftsbeziehungen/exportkontrollen-und-sanktionen/sanktionen-embargos/sanktionsmassnahmen.html) and United States (https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information). JUSTADDMETA expressly denies any and all liability for losses to any party based in any of the foregoing countries or territories arising out of, or in connection with, any order for any of the products or services, including NFTs, detailed on this website/application.

5. LIMITATIONS AND NO RIGHT TO TRADE

Without prejudice to the provisions of Section 4, the license set forth in Section 3 does not extend to: (i) the right to use the art to create derivative works in the form of NFTs; (ii) the right to create new works from the art; (iii) JUSTADDMETA trademarks may not be used in connection with the exercise of your license in Section 3. No JUSTADDMETA trademarks are licensed to you. The terms in Section 5 will remain in effect after the expiration or termination of the license granted in Section 3.

6. TRANSFERS

You have the restricted right to transfer the purchased NFT, given that: (a) all transfers of this nature must adhere to the applicable laws and regulations, including but not limited to restrictions under trade regulations; (b) the transferee shall be deemed to accept all the Terms upon purchase, acceptance, access, or any other form of use of the art; (c) You provide the transferee with a notice regarding the terms, which must include a link by which the terms can easily be accessed; (d) you have not violated the Terms prior to the transfer; (e) the transfer has not been carried out prior to the termination of your license to the purchased NFT.

7. TERMINATION AND CONSEQUENCES

The terms of the license in Section 3 will only apply as long as you have legally and rightfully purchased the NFT and provided that you continue to be the owner of the purchased NFT, the license will expire immediately if you sell, trade, donate, give away, transfer, or otherwise dispose of it. If one of the following occurs, the license granted in Section 3 will automatically terminate and all rights shall revert back to JUSTADDMETA: (a) you breach any of the Terms in this document; (b) you engage in any illegal business practices in relation to the purchased NFT. JUSTADDMETA may disable your access to the art and/or deny access to any further benefits, services, or goods associated with the NFT, if you did not purchase or acquire the NFT lawfully and rightfully, or upon any termination of the license granted in Section 3. In this case, you must delete, remove or else destroy any backup or digital copy of the art.

8. DISCLAIMER OF WARRANTIES

You understand and accept that the purchased NFTs are provided to you “as is”. The purchase does not include a warranty of any kind. This also applies to any warranty claims you may have under applicable law.

9. LIMITATIONS OF LIABILITY

Our liability for damages due to intentional or grossly negligent conduct, culpably caused personal injuries, and damages under the German Product Liability Act shall be unlimited in accordance with the statutory provisions. Our Liability for damages caused by breaching a material contractual obligation is limited to the amount of typically foreseeable damages at the time these terms were agreed upon. JUSTADDMETA shall not be held liable for damage caused by breaching a non-material contractual obligation. Material contractual obligations are those that are essential to the proper execution of the contract and on which a party may reasonably rely.

10. ASSUMPTION OF RISK

You agree to the following: (i) markets and prices for blockchain assets are extremely volatile, as markets and prices of blockchain assets effect each other’s value, there is no guarantee that your purchased NFT will gain or maintain value; (ii) by using Internet-native assets, e.g. NFTs, you are at risk of malicious software and unauthorized third party access to your digital “wallet” information. JUSTADDMETA is not responsible for any of these risks; (iii) JUSTADDMETA makes no guarantees about the availability of the art online or that they will host the art at any specific location and for any specific duration; (iv) a hard fork in the Ethereum platform, a failure or termination of Ethereum, or a change in how transactions are confirmed on the Ethereum platform may have adverse effects on all purchased NFTs; (v) JUSTADDMETA is not responsible for any transaction between you and a third party or for any consequences of such transactions; (vi) the primary function of NFTs is to provide entertainment; (vii) Justaddsugar shall have no liability in connection with any transaction or its consequences between you and a third party.

11. GOVERNING LAW

These Terms are subject to German law only, regardless of: (a) the 1980 United Nations Convention on Contracts for the International Sale of Goods; (b) any conflicts with substantive laws of another jurisdiction; (c) other international laws. If you are a merchant, a legal entity under public law, a special fund under public law, or if you have no general place of jurisdiction in Germany, the District Court Hamburg shall have exclusive jurisdiction for any disputes arising from or in connection with these Terms.