NFT.DAIMANI.com

Digital Collectibles

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

 

  1. APPLICATION AND ACCEPTANCE OF TERMS AND CONDITIONS

    These Terms and Conditions govern and apply to (i) the use of the Website established and operated by DAIMANI; (ii) the Digital Collectible offered by DAIMANI to all Hospitality Guests as a gift comprised in Your Hospitality Package; (iii) Your redemption, free minting and use of the Digital Collectible; and (iv) the services provided by DAIMANI with respect to the Digital Collectible.

    By accessing our Website and, in all instances by, registering to claim Your Digital Collectible and the relevant Event Page, You agree to have read, understood and accepted to be irrevocably and unconditionally bound by, and undertake to follow and comply with, these Terms and Conditions and all applicable laws and regulations governing the use of NFTs, including the Digital Collectibles, and this Website.

    DAIMANI reserves the right to change, specify, enhance and/or modify these Terms and Conditions and/or to amend, extend or restrict the Digital Collectibles and services available on the Website at any time and at its sole discretion. Any such updated version of these Terms and Conditions will become legally effective immediately upon posting of the changed, specified, enhanced and/or modified version of these Terms and Conditions on this Website without personal notification to You being necessary. The changes, specifications, enhancements and/or modifications to these Terms and Conditions will be deemed to be accepted by You, the latest upon access to the Website. You agree to accept and comply with any updated version of these Terms and Conditions. To that end, You undertake to periodically check for updates to the Terms and Conditions.
  2. INTRODUCTION

    Welcome to the Website established by DAIMANI and congratulations for redeeming Your Digital Collectible!

    Based on a mandate given to us by the relevant Event Partner, DAIMANI operates the Website where we provide You the opportunity to unlock and redeem Your Digital Collectible as a personal, digital gift to all Hospitality Guests.

    By requesting to be provided with Your personal verification code and minting Your Digital Collectible, DAIMANI will allow You to mint Your Digital Collectible free of any charge on the Polygon Network.

    The NFT Content is displayed on the relevant Event Page. Once You register to our Website and click the “Claim Button” on the relevant Event Page, the Digital Collectible is reserved for You.

    Once You click the “Transfer/Mint Button” on the relevant Event Page, the Digital Collectible is minted for You by the NFT Service Provider on a “Free-to-Mint” basis and free of any charge in Your wallet at the Polygon network.
  3. DEFINITIONS AND INTERPRETATIONS
    1. In these Terms and Conditions, the following words shall have the following meanings and are defined as follows:

      “DAIMANI / we / our / us” means DAIMANI AG with business seat at Gartenstrasse 19 in 8002 Zurich, Switzerland, being the entity issuing the Digital Collectibles.

      “DAIMANI Affiliate” means a legal entity that is (i) a member of the DAIMANI group of companies, including DAIMANI (Switzerland); or (ii) completely, or partially, owned or controlled by, controlling or under common control with, DAIMANI.

      “Digital Collectible” means an NFT in form of a digital Collectible issued by DAIMANI in relation to an Event that reference as content a right of use or a license to the NFT Content.

      “Event” means an entertainment, sports, theatrical, music or other event, or separable part thereof, such as a session, as specified on the relevant Event Page, in respect of which an Event Partner issues a Digital Collectible. An Event may be embedded in a competition or series of multiple events.

      “Event Page” means a subpage of the Website dedicated to the Digital Collectibles issued for a specific Event or series of multiple events.

      “Event Partner” means the legal entity identified on the relevant Event Page as the legal entity selling or distributing a Hospitality Package. Event Partner may include DAIMANI, a DAIMANI Affiliate or the Organiser.

      “Guest User” means any User, not being a Registered User who accesses the Website.

      “Hard Fork” means a radical change to the Polygon Network's protocol that may make previously invalid blocks and transactions valid, or vice-versa. A Hard Fork requires all nodes or Users to upgrade to the latest version of the protocol software of the Polygon Network.

      “Hospitality Access Pass” means the pass, invitation, badge, wristband, other physical device or electronic individual medium issued by an Event Partner or Organiser which grants its holder access to the Hospitality Facility.

      “Hospitality Facility” means any type of location at, or nearby, the facilities, stadium, arena or further location where an Event is staged as determined by the Organiser for the provision of certain hospitality services comprised in a Hospitality Package, including skyboxes, collective compartments or other hospitality facilities, and to which access is granted to holders of a Hospitality Access Pass.

      "Hospitality Guest” means any natural person holding a Hospitality Access Pass and attending a specific Event in a Hospitality Facility.

      “Hospitality Package” means the hospitality package of the relevant Event that is created, advertised, marketed, sold and/or promoted by the relevant Event Partner which may include without limitation a ticket, a Hospitality Access Pass and certain additional hospitality services, including certain gifts, in connection with the relevant Event.

      “NFT” means a blockchain-tracked, non-fungible token, including any Digital Collectibles.

      “NFT Content” means a digital image and/or video file or the image relating to the relevant Event as contained in the Digital Collectible displaying an expressionistic design of an athlete as a protected artwork in accordance with the Federal Act on Copyrights and Related Rights of October 9, 1992 (CopA).

      “NFT Service Provider” means Paella Inc., d/b/a Crossmint, a Delaware corporation, with offices at 1317 Edgewater Dr #4296, Orlando, FL 32804, U.S.A., being the service provider appointed by DAIMANI for the minting of the Digital Collectibles and all related services.

      “Organiser” means a person or entity organising the relevant Event, which may be the venue operator or any other person or entity such as a promoter, producer, artist, sporting team or record label holding the rights to the relevant Event.

      “Polygon Network” means the cryptocurrency and blockchain scaling platform operated by Polygon Labs UI (Cayman) Ltd. which connects and grows Ethereum-compatible blockchain networks.

      "Polygon Terms of Use” means terms of use for the Polygon Network as set out at https://polygon.technology/terms-of-use.

      “Registered User” means a User registering to the Website to redeem the Digital Collectible.

      “Terms and Conditions” means these terms and conditions issued by of DAIMANI as amended from time to time.

      “User / You / Your” means any person accessing the Website with, or without, the intention to redeem the Digital Collectible, including Registered Users and Guest Users.

      “Website” means the computer software and website using the web browser of DAIMANI accessible via www.NFT.DAIMANI.com or any other URL determined by DAIMANI of which these Terms and Conditions form part of.
    2. The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
    3. Any references to Sections are, unless otherwise stated, references to sections of these Terms and Conditions.
    4. Any references to “include”, “such as” or “in particular” (or similar) are to be construed as being inclusive without limitation.
    5. Any reference in these Terms and Conditions to any provision of a statue shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
    6. Where the context dictates in these Terms and Conditions, the singular shall include the plural and vice versa and any gender includes the other gender.
    7. Any references to “days” mean actual days, not working days, unless otherwise specified in these Terms and Conditions. Any references to “working days” means any day which is not a Saturday, Sunday or a public holiday in Zurich, Switzerland
  4. USE OF, AND ACCESS TO, WEBSITE
    1. Registration to the Website
      1. If You wish to:
        1. redeem, mint and use a Digital Collectible; and
        2. benefit from further service offerings that may be provided on the Website;

        You are required to register to the Website. You may do so by entering Your e-mail address and accept these Terms and Conditions and the Privacy Policy. In a next step, DAIMANI will provide You by e-mail with Your personal verification code. The registration is completed only if You input Your personal verification code on the Website.

      2. By registering to the Website, You acknowledge and certify that the information You include as part of the registration process is accurate and not misleading.
      3. In respect of Your use of the Website, any of Your activities on the Website, if so required, You agree to always provide true, accurate, current and complete information about Yourself, as prompted by the registration procedure.
        If You provide, or DAIMANI has reasonable grounds to suspect that You have provided, any information that is untrue, inaccurate, not current or incomplete, or DAIMANI otherwise reasonably considers that You have failed to comply with any provisions of these Terms and Conditions, DAIMANI has the right to suspend or terminate Your registration and refuse You any current or future use of the Website or any portion thereof.
      4. We may, in our sole discretion, including if You breach these Terms and Conditions, with or without prior notice and at any time terminate Your access (whether restricted or not) to the Website in whole or in part.

        Should DAIMANI exercise such access right or any further rights and/or opportunitie s connected with the use of the Website, this shall not affect any rights and obligations applicable to You as a result of You having completed any kind of transaction on the Website, including the redemption and minting of Digital Collectibles. Any and all terms and conditions applicable to such transaction shall continue to remain in full force notwithstanding DAIMANI´s exercise of its right described in this Section.
    2. Supervision of Children

      DAIMANI is concerned about the safety and privacy of all its Users, particularly those not yet of legal age in their respective country of residence. For this reason, DAIMANI only accepts individuals to register to the Website and to redeem the Digital Collectible who are at least eighteen (18) years old or of legal age in their country of residence, if such age exceeds eighteen(18).
      Notwithstanding this, parents/guardians are requested to carefully supervise the access of their children to the Website. By omitting supervision, actively allowing or not successfully preventing Your child access to the Website, You agree to be bound by these Terms and Conditions, and acknowledge that Your child will be able to access all of the Website which may include features that may not be deemed appropriate for use by unsupervised children. Accordingly, as legal guardian, it is Your responsibility to determine whether any tool or functionality of the Website are appropriate for Your child. You remain responsible and liable for all acts and omissions of Your child.
    3. Permitted Use
      1. The content (including all information, data, text, software, music, sound, photographs, graphics, videos, messages) and software on this Website are the property (including copyright and all intellectual property rights) of DAIMANI, the NFT Service Provider, the relevant Event Partner, our licensors and/or further suppliers and is protected by Swiss and international copyright laws. You agree that You are only authorised to visit, view and to retain a copy of pages of this Website for Your own use, and that You shall not duplicate, download, publish, modify or otherwise distribute the material on this Website for any purpose other than to review the promotional information or to redeem and mint Your Digital Collectible without the permission of DAIMANI.
      2. You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior express written permission. You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
      3. Illegal and/or unauthorized uses of the Website, including the unauthorized framing of or linking to the Website or the unauthorized use of any robot, spider or other automated device on the Website, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress. In cases of illegal and/or unauthorized uses of the Website, we reserve the right to refuse any further access to the Website with immediate effect and without prior notice.
    4. Modifications and Interruptions
      1. DAIMANI reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or all functionalities, including all functionalities regarding the redemption and/or minting of the Digital Collectibles (as applicable) with or without notice. You agree that neither DAIMANI nor the NFT Service Provider shall be held liable to You or to any third party for any modification, suspension or discontinuance of the Website and/or a single Event Pages. Although we will take reasonable care in ensuring that the Website and/or any information and content in respect of the Digital Collectibles are up to date, they may be out of date at any given time, and DAIMANI is under no obligation to update them.
      2. Any modification, suspension or discontinuance the Website and/or a single Event Page shall not affect any rights and obligations applicable to You as a result of You having redeemed and minted Your Digital Collectible.
    5. Data Protection and Privacy Policy

      By accessing or using the Website or submitting Your personal information to the Website, You agree to DAIMANI’s use of such data, including personal data, in accordance with our Privacy Policy set out at https://nft.daimani.com/privacy-policy.
    6. Disclaimers
      1. If You access and use the Website, You do so at Your sole risk. The Website and the offer to redeem and mint the Digital Collectibles are provided on an “as is” basis. DAIMANI expressly disclaims, and You waive, all representations or warranties of any kind, whether express or implied in connection therewith, including, and without limitation, implied representations or warranties of merchantability, fitness for a particular purpose and non-infringement of third- party rights.
      2. DAIMANI does not make any warranty or representation that the Website:
        1. will meet Your requirements;
        2. will be uninterrupted, timely, secure, or error-free; and/or
        3. will meet Your expectations by means of quality and/or that any errors in the content will be corrected.
      3. No commentary, descriptions or other materials posted by DAIMANI or any third party on the Website shall create any warranty or other obligation not expressly stated in these Terms and Conditions, and DAIMANI disclaim any whatsoever liability and responsibility arising from any reliance placed on any commentary made, descriptions or other materials provided by any third parties.
    7. Indemnification
      1. You agree to indemnify and hold DAIMANI, the NFT Service Provider, the relevant Event Partner and their respective licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including, and without limitation, reasonable legal fees, that may arise in connection with:
        1. Your use of and access to the Website; and
        2. Your failure to comply with any provision of these Terms and Conditions.
    8. Miscellaneous
      1. The Website are controlled and operated by us from our offices in Zurich, Switzerland. For any complaints regarding the Website and/or our services, please contact us by sending an e-mail to nft@daimani.com.
  5. REDEMPTION AND MINTING OF DIGITAL Collectibles
    1. Donation of Digital Collectible
      1. Based on a mandate given by the relevant Event Partner, DAIMANI offers to donate the Digital Collectible as a personal digital gift to all Hospitality Guests of the relevant Event. DAIMANI does not guarantee a minimum or maximum number of Digital Collectibles or digital image and/or video files or images contained therein.
      2. You acknowledge and agree that:
        1. DAIMANI and/or a DAIMANI Affiliate reserve the right to amend the manner in which Registered Users are invited to claim the donation of a Digital Collectible;
        2. an Event Partner, including DAIMANI and the DAIMANI Affiliate may issue Event-specific terms and conditions for the donation of a Digital Collectible.

        In such cases, DAIMANI will publish a description of the manner in which Registered Users are invited to claim the donation of a Digital Collectible and such updated version of these terms and conditions for the donation of a Digital Collectible on the relevant Event Page.

      3. By registering as a Registered User to the Website and clicking the “Claim Button” on the relevant Event Page, DAIMANI will reserve Your Digital Collectible on our local database for Your redemption and minting on the Polygon Network. By claiming to redeem Your Digital Collectible, You agree to have read, understood and accepted the donation of Your Digital Collectible by DAIMANI based on the terms and conditions for the donation of a Digital Collectible applicable for the relevant Event. Irrespective of Your acceptance to the DAIMANI donation, You are entirely free, and there is no whatsoever obligation of Yours, to redeem and/or mint Your Digital Collectible.
      4. In fulfilment of its donation, DAIMANI will grant and license to You, on a non-exclusive, free-of- charge, worldwide and unlimited in time basis, the right to use, replicate, perform, send, swap, make accessible and visible, sell, give it away and/or destroy the NFT Content.
      5. DAIMANI does not guarantee any specific period of time during which the Digital Collectibles:
        1. will be displayed on the Website and made available for redemption and minting on the Polygon Network,
        2. will be viewable after Your acceptance of DAIMANI’s donation by means of NFT storage on the Polygon Network or elsewhere, or
        3. will remain in existence as tokens and/or ledger-based securities.

        Due, in particular, to the unforeseeable nature of technical developments and the environment in the area of digital tokens, DAIMANI reserves the right to terminate the Digital Collectibles or their related services at any time. Where possible, You will be informed in advance. DAIMANI will endeavour, but will not be obligated, to develop or, as the case may be, offer to You an appropriate solution for the continued existence of the Digital Collectibles and/or their transfer from Your personal wallet in the Polygon Network to a storage location or digital repository to be designated by You based on: (a) the technological possibilities existing at that time; (b) the possibilities open to DAIMANI; and (c) against payment of any costs incurred (e.g. storage costs, transaction costs, license costs). You acknowledge that DAIMANI has the right to destroy the Digital Collectibles without compensation in extreme cases.

        Your copyright rights of use for the NFT Content expire at the latest upon destruction of the Digital Collectibles as tokens. DAIMANI may, in its own discretion, determine an expiration date for copyright rights of use that falls at any time before or after the fulfilment of the donation.

      6. The User is solely responsible for the tax treatment in relation to the donation of the Digital Collectible and should consult a qualified advisor if necessary. DAIMANI is not subject to, and accepts, any duty to provide information or advice to the User with regard to tax.
    2. Content of and rights to the Digital Collectibles
      1. The following rights are transferred from DAIMANI to You upon submitting Your request to redeem the Digital Collectible:
        1. the Digital Collectible represents a ledger-based security in accordance with Section 973d OR (Swiss Code of Obligations) and is donated and transferred as property; and
        2. the NFT Content constitutes a (link to a) digital image and/or video file to which copyright rights of use are transferred in accordance with these Terms and Conditions.

        With regard to the NFT Content, You agree and acknowledge that all copyrights are vested and remain with DAIMANI or the relevant Event Partner. To You, the right to use the NFT Content as set out in this Section 5.2 is transferred by means of a donation by DAIMANI. Any copyright rights of use to existing trademarks of any brand owner that may be associated with the Digital Collectible and/or the NFT Content in any way are excluded from the donation by DAIMANI.

    3. Copyright law, copyright right of use, and license
      1. All copyrights to the NFT Content remain with DAIMANI, or a third party, such as the relevant Event Partner, permitting DAIMANI in perpetuity to use the NFT Content for issuing the Digital Collectibles, unless certain copyright rights of use are expressly transferred to You in accordance with these Terms and Conditions.
      2. With regard to the NFT Content, You are granted by DAIMANI the non-exclusive, free-of-charge, worldwide, and unlimited in time copyright right of use, to use, replicate, perform, send, make accessible and visible the NFT Content solely for private purposes, expressly excluding any paid, public, commercial or professional use.
      3. The copyright right of use is reserved to the current holder of the Digital Collectible and is transferable by transfer of the Digital Collectible to a third party, subject to the agreement of provisions that are identical or equivalent in terms of content to these Terms and Conditions. The copyright right of use cannot be transferred without the associated Digital Collectible.
      4. The holder of the Digital Collectible is not entitled to grant sublicenses under copyright law or to modify or edit the NFT Content. The holder of the Digital Collectible may not transfer any copyright rights of use beyond those to which the holder is entitled by virtue of the donation of the Digital Collectible under these Terms and Conditions.
      5. The donation of copyright rights of use for NFT Content does not confer any copyright rights of use for any work that may form the original work basis of this digital image and/or video file. The rental or lending of the NFT Content or the Digital Collectible, is permitted only subject to the mandatory conditions provided for in law. Requests for details and information regarding the copyright rights of use granted to You for the Digital Collectible must be addressed to DAIMANI in writing.
    4. NFTs
      1. Digital Collectibles contain information in a digital file with the purpose to enable unambiguous identification (so-called "tokens") within a digital storage area and on the Website. The identification refers to the Digital Collectible itself as well as to the NFT Content referenced in the Digital Collectible and to the person who has the right of disposal over the Digital Collectible and the NFT Content. Digital Collectibles cannot be copied, replaced, or split. Digital Collectibles are not interchangeable. Digital Collectibles are registered on the Polygon Network and have the purpose of unambiguously designating the authenticity or genuineness of the linked digital image and/or video file as well as competence over the right of disposal over the Digital Collectible and, in an accessory manner, competence over the copyright rights of use existing to the linked digital image and/or video file via the blockchain as a digital, cryptographic decentralized public archive. Disposal over the Digital Collectibles as a digital file has direct effect in relation to the referenced digital image and/or video file with the Digital Collectibles structured as a ledger-based security. Copyright rights of use to the referenced digital image and/or video file are transferred to You based on these Terms and Conditions and, if and to the extent provided for in these Terms and Conditions, to third party recipients (e.g. buyers) subject to the agreement of provisions that are identical or equivalent in terms of content to these Terms and Conditions.
      2. The Digital Collectibles / NFT contain the following information ("Metadata") which is stored at the decentralized file storage system IPFS (Inter Planetary File System):
        1. the name of the Digital Collectible / NFT;
        2. a description of the NFT Content;
        3. the IPFS links ("URIs") to the NFT Content created by artistic design and/or editing and its digital representation.

        The Digital Collectible / NFT stored on the Polygon Network contains the following information:

        1. the unique identifier of the Digital Collectible / NFT; and
        2. the URI link to the Metadata of the Digital Collectibles / NFT.
    5. Minting and Qualification of Digital Collectible
      1. As a first step and precondition for the creation and minting of Your Digital Collectible, You are required to hold a cryptocurrency wallet running on the Polygon Network. Further information on the registration and the Polygon Terms of Use are set out at https://polygon.technology/terms-of-use.

        PLEASE NOTE THAT NEITHER DAIMANI NOR THE RELEVANT EVENT PARTNER CAN, AND WILL NOT ACCEPT TO, ASSUME ANY LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM YOUR REGISTRATION TO THE POLYGON NETWORK AND/OR THE USE OF YOUR CRYPTOCURRENCY WALLET RUNNING ON THE POLYGON NETWORK OR ANY OTHER PROVIDER.
      2. By registering as a Registered User to the Website and clicking the “Transfer/Mint Button”, the Digital Collectible is minted, and therefore created, for You by the NFT Service Provider on a “Free-to-Mint” basis and free of any charge on Your personal account at the Polygon Network and is transferred to Your digital wallet on the Polygon Network, the private key of which is held by You. The NFT smart contract is defined at the DAIMANI’s discretion in compliance with the ERC721 industry standard. Your Digital Collectible is minted on the Polygon Network and not on the Website.
      3. The Digital Collectibles are issued and structured as a unique digital image and/or video file, confirmation of authenticity, and copyright right of use for the digital image and/or video file in the legal form of a ledger-based security in accordance with Section 973d OR (Schweizer Obligationenrecht). The grant of the ledger-based security confers a right to the Digital Collectible (ownership) and a right from the Digital Collectible (copyright right of use for the digital image and/or video file embedded in the Digital Collectible). The Digital Collectibles can only be transferred as a whole and are always unique and are not fungible. The Digital Collectibles can be transferred to only one third party.
      4. The Website does not store, send, or receive any Digital Collectibles. Your Digital Collectibles exist only by virtue of the ownership record maintained on the Polygon Network.
      5. The actual holder of a Digital Collectible at a given time is legitimated for use of the copyright rights under the Digital Collectible.
    6. Transfer of Your Digital Collectible
      1. You have the limited right to transfer Your Digital Collectible to any third party, provided that:
        1. the transferee accepts all of the terms of these Terms and Conditions and the Polygon Terms of Use;
        2. You have not prior to the transfer breached any of the terms of these Terms and Conditions and/or the Polygon Terms of Use; and
        3. prior to the transfer Your license to the Digital Collectible has not been terminated;
      2. Any transfer of Your Digital Collectible occurs through the Polygon Network, and not on the Website. You agree and acknowledge that any upgrades to the Polygon Network, a Hard Fork or a change in how transactions are confirmed in the Polygon Network may have unintended, adverse effects on your Digital Collectible.
    7. Legal Disclaimers
      1. You agree and acknowledge that the Digital Collectibles shall not be understood as an opportunity to earn any economic profit. The market for NFTs, including Digital Collectibles, is generally new and volatile, and the value of any NFT as it relates to fiat currency may greatly decrease over a short period of time, impacting the liquidity and the value of an NFT. NFTs compete with other digital assets, and this competition may negatively impact the potential utility or value of Your Digital Collectible. A lack of use or public interest in NFTs could also negatively impact the potential utility or value of Your Digital Collectible. Each Digital Collectible has no inherent or intrinsic value. Neither DAIMANI nor the relevant Event Partner guarantee that the Digital Collectibles will generate or retain an economic value, as their value is inherently subjective and factors occurring outside of the control of DAIMANI and/or the relevant Event Partner may materially impact the value and desirability of any Digital Collectible. The Digital Collectibles are intended expressly and exclusively for the private entertainment of the User only.
      2. Furthermore, You expressly acknowledge and agree that:
        1. the regulatory regime governing blockchain technologies, cryptocurrencies, tokens, and NFTs is uncertain and continually evolving, and new regulations or policies may negatively impact the potential utility or value of Your Digital Collectibles, or Your ability to transfer or sell Your Digital Collectible;
        2. DAIMANI does not provide any application or other service to receive, access, view, or display Your NFT Content, and does not guarantee You will be able to do so. It is Your responsibility to procure and maintain a digital wallet or other means to allow for You to access or view Your NFT Content, and to store the requisite private key(s) or other credentials necessary to access Your digital wallet or other technologies.
        3. there are risks associated with using an internet-based currency, including 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 digital wallet;
        4. under no circumstances the operation of all or any portion of the Website will be deemed to create a relationship that includes the provision or tendering of investment advice.
  6. LIMITATION OF LIABILITY
    1. Use of Website

      You expressly acknowledge and agree that DAIMANI shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, data or other intangible losses regardless of the form of action, whether in contract, tort, strict liability or otherwise, including, without limitation, in relation to:
      1. the use of, or inability to use, the Website; and
      2. any other matter relating to the Website.
    2. Redemption and Minting of Digital Collectibles

      You expressly acknowledge and agree that neither DAIMANI nor the relevant Event Partner shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, data or other intangible losses regardless of the form of action, whether in contract, tort, strict liability or otherwise, including, without limitation, in relation to:
      1. any malicious actors hacking or exploiting systems and steal Your Digital Collectible or attempting to impersonate Your ownership in a Digital Collectible, counterfeiting Your Digital Collectibles, selling replicas of original Digital Collectibles, or misusing NFT Content associated with Digital Collectibles;
      2. the holding and using Your Digital Collectible and the transferring of Your Digital Collectible to others which rests entirely with You; and/or
      3. the loss of Your private key(s) or other access credentials, including losses arising from the Polygon Network and/or any secondary marketplaces, in which case You may lose access to Your Digital Collectible.
    3. General
      1. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of the Website and/or the redemption, minting and/or use of a Digital Collectible must be filed within one (1) year of such claim or cause of action.
    4. Exclusions and Limitations
      1. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations under Sections 6.1. to and 6.3. may not apply to You, although they shall apply to the maximum extent permitted by law.
      2. Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of DAIMANI and/or the relevant Event Partner or any other liability (e.g. for intent or gross negligence), which cannot be excluded or limited under applicable law.
  7. MISCELLANEOUS
    1. The User agrees and acknowledges that DAIMANI and the relevant Event Partner are not jointly and severally liable to the User for the obligations of DAIMANI under, or in connection with:
      1. the use of the Website established and operated by DAIMANI;
      2. the Digital Collectible offered by DAIMANI and/or the relevant Event Partner to all Hospitality Guests as a gift comprised in Your Hospitality Package;
      3. the redemption, free minting and use of the Digital Collectible; and/or
      4. any services provided by DAIMANI with respect to the Digital Collectible
    2. Should any provision(s) of these Terms and Conditions be declared void, ineffective or unenforceable by any competent court, the remainder of these Terms and Conditions will remain in effect as if such void, ineffective or unenforceable provision(s) had not been contained.
    3. These Terms and Conditions (together with its component parts) have been drafted in English language. In the event of any discrepancy between the English and any other language version of these Terms and Conditions the English text will prevail and will be used to resolve all questions of interpretation and application.
    4. Any failure by DAIMANI to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
    5. These Terms and Conditions shall be governed by and interpreted in accordance with the substantive laws of Switzerland, any choice of law principles and the Vienna Convention on the International Sale of Goods (CISG) being expressly excluded.
    6. For any complaints regarding the Website or our services, please contact us by sending an e- mail to nft@daimani.com. If any dispute arises with respect to these Terms and Conditions, including any disputes as to the conclusion, binding effect, amendment and termination of the Terms and Conditions, DAIMANI and the User shall each use their respective reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement satisfactory to the parties. If the disputing parties do not resolve any such dispute within twenty (20) working days from the date on which negotiations are initiated, the exclusive place of jurisdiction for all proceedings is the Court of Commerce (Handelsgericht) in Zurich, Switzerland. However, DAIMANI is also entitled to take legal action against the User at the competent court of the User's domicile or registered office, whereby Swiss law remains exclusively applicable.
    7. In any legal dispute, to the fullest extent permitted under the applicable laws, the competent court may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. ANY USER AND CUSTOMER AGREES TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE LEGAL PROCEDURE.
    8. Any User agrees to indemnify and hold harmless DAIMANI, the relevant Event Partner and the NFT Service Provider, as well as their respective officers, directors, employees, representative or agents against any and all liabilities, obligations, losses, damages, penalties, claims, fines and expenses (including reasonable legal expenses) resulting from, arising directly out of, or directly attributable to any activity conducted by the User which infringes the intellectual property rights of DAIMANI, the relevant Event Partner and/or the NFT Service Provider.
    9. A notice under or in connection with these Terms and Conditions must be in writing and must be delivered personally or sent by overnight mail delivery service or by PDF attached to an e- mail to the party due to receive the notice. DAIMANI’s address and e-mail details are those specified on the Website.