TERMS & CONDITIONS

You are about to purchase a non-fungible token (NFT) which is not and should not be neither construed as a mean of payment nor as a security under Swiss law. However, we may not guarantee any token qualification under foreign law, nor may we guarantee that such purchase is not restricted in the jurisdiction that applies to you.

Consequently, we do not make any representations or warranties as to any token qualification or lawfulness of a purchase in any jurisdiction other than Switzerland. It is your sole responsibility to seek proper professional and legal advice in order to confirm the legal regime that applies to tokens and NFTs in your jurisdiction, including any consequences such as taxes.

Additionally, a purchase is in any event forbidden for any person who resides in, Afghanistan, Albania, Barbados, Burkina Faso, Burundi, Cambodia, Cayman Islands, Chad, Congo, Crimea Region of Ukraine, Cuba, DRC, Eritrea, Ethiopia, Guinea Bissau, Haiti, Honduras, Iraq, Iran, Jamaica, Libya, Mali, Malta, Morocco, Myanmar, Nicaragua, North Korea, Pakistan, Panama, Philippines, Senegal, Somalia, South Sudan, Turkmenistan, Uganda, Venezuela, Yemen, Zimbabwe.

Purchase is also forbidden for any resident of Russia and Belarus, any natural or legal person, entity or body in Russia and Belarus, or a Russian or Belarusian individual, entity or body under sanctions.

You hereby agree that Olyseum’s liability is entirely excluded in this framework and that you shall indemnify and hold it harmless should you purchase an NFT while breaching the above provision.

GENERAL TERMS AND CONDITIONS

1.    INTRODUCTION
1.1.    These General Terms and Conditions (the “Terms”) govern the access, use, features, services and content of the internet website www.olyverse.com and any related sub-domains and launchpads (the “Website”) as well as the Metaverse (the “Metaverse”) by any users, including on the secondary market (such as OpenSea). Wherever we refer to the access to or use of the Website it includes also use of or access to the Metaverse or any software, services, features or facilities in relation thereto.
1.2.    The Website is owned and operated by Olyseum SA (“Olyseum”), a company limited by shares, incorporated in Switzerland with registered seat at place de Longemalle 1, 1204 Geneva.
1.3.    By checking the check-box “I have read, understood and hereby agree with the Terms”, Users fully agree to be bound to these Terms and will fully comply herewith. The use of and access to the Website and or the Metaverse will at all times be governed by the provisions of these Terms and by using and/or accessing the Website and/or the Metaverse the User accepts fully all these Terms and agrees to be bound by and comply fully therewith. If the User does not wish to be bound by and comply with these Terms in full, he should not access and use the Website and/or the Metaverse. By using or accessing the Website and/or the Metaverse in any manner, the User affirms, represents and warrants (a) that he has read, understood and agreed to be bound by all of the terms and conditions set forth in these Terms (including any additional terms, policies and agreements specified and/or referenced below or otherwise incorporated into these Terms as well as any subsequent modifications of these Terms), and (c) that his access and use of the Website and/or Metaverse is permitted by, and shall not violate, any applicable laws, including those in the User’s jurisdiction. If the User does not agree with these Terms, the User is prohibited from visiting, accessing, using, or transacting on the Website and/or the Metaverse.
1.4.    Users of the Website and/or the Metaverse are specifically referred to below as “User(s)”.
1.5.    Olyseum and Users are individually referred to as a “Party” and collectively as the “Parties”.
1.6.    In the event of a discrepancy between general information provided on the Website and the Terms, the Terms prevail. In the event of a discrepancy between specific terms provided on the Website for the purchase of an Experience, OLY Token or NFT (as these terms are defined below) and the Terms, the specific terms prevail.

2.    SERVICES
2.1.    Olyseum operates the Website, accessible via the Internet, which provides Users with Experiences (as these terms are defined below) and an NFT marketplace allowing them to use Olyseum’s services in relation to NFTs.
2.2.    In the framework of the Website, Olyseum offers the possibility to acquire non-fungible tokens (“NFTs”) which are linked to a 3D digital art (the “Digital Art”) representing celebrities that are part of the Olyseum network, respectively the Olyverse. These NFTs may be linked to extra benefits as mentioned in article 5.2 hereunder.
2.3.    In addition, Olyseum recently introduced a brand called "Olyverse" that comprises a metaverse (the “Metaverse”) and a distinctive storytelling approach called the non-fungible story ("NFS"). The NFS is a story directed by Mr. Koldo Serra, who is an internationally successful director. The story is collaboratively created by the Users with a voting system and those users may participate also in NFS events. It is essential to understand that the NFS is not a Non-Fungible Token. The Metaverse and the NFS are associated with the celebrities who are portrayed by NFTs in the Olyverse.                          
2.4.    The Metaverse offers a range of activities designed to encourage user participation and interaction. These activities covering different sectors, including art, cinema, music, painting, sport, fitness and cooking recipes presented by expert chefs, takes place entirely in the metaverse and allows the incorporation of audiovisual elements such as video, audio and text, along with explanations by means of avatars and virtual screens showing videos with the contents of the sessions (the “Activities”).
2.5.    The Website may enable Users to take part in the social network and community of Olyseum. In this framework, Users shall receive information and updates on Olyseum’s activities and network evolution. Users may refuse any direct marketing at any time.
2.6.    The Experiences, the Metaverse, the Activities, the NFTs      and the NFS with the associated different features are referred to in these Terms and Conditions as the “Services”. Olyseum reserves the right to add additional services in the future.

3.    OLY TOKENS
3.1.    OLY Tokens are acquired by Users on the Website, secondary marketplaces or via other third parties. OLY Tokens are digital tokens based on a blockchain protocol that provides access to the Services and the following features :
- Accessing exclusive Experiences and merchandising by holding OLY Tokens
- Buying discounted NFTs
- Buying Metaverse consumables (only digital items inside the metaverse)
3.2.    OLY Tokens do not confer any other rights. In particular, OLY Tokens do not represent, constitute or confer any share, participation right, bond, structured product, collective investment schemes, derivative or other type of securities including uncertified securities. The OLY Tokens are not for investment purposes and should not be considered as a type of investment.
3.3.    OLY Tokens may give Users access rights to certain parts of the Website and the Services reserved to OLY Token holders, as provided by Olyseum. OLY Tokens will also serve as a mean of payment for the Services, and holders of OLY Token will be able to purchase NFTs at a discounted price.  
3.4.    Olyseum may modify or eliminate the OLY Token system at its sole and entire discretion.
3.5.    Users alone are responsible for any acts or omissions that occur through the use of their user credentials. In particular, Users who are OLY Token holders agree not to allow anyone to use their wallet or share their user credentials with any other person for the purpose of facilitating their unauthorized access to the Services. If a User does share their user credentials with anyone, Olyseum will consider any activities undertaken to have been authorized by the User. Olyseum reserves the right to suspend or block the access services upon suspicion of any unauthorized access or use, or any attempted access or use, by anyone associated with a User’s user credentials.

4.    EXPERIENCES
4.1.    Experiences may consist of goodies, products, events, games, meetings, calls, videos, digital communications or content related to celebrities. Experiences can only be accessed with some NFTs; the access conditions, such as specific attributes or possession of OLY tokens, are specified on the Website.     
4.2.    Experiences are accessible and available at Olyseum’s entire and sole discretion. In addition, Experiences may be limited to certain categories of Users at Olyseum’s discretion according to criteria such as age, type of activity, amount of OLY Tokens held by User, legal compliance.
4.3.    Users have no right to receive or access an Experience and understand that their existence or continuation is in no event guaranteed by Olyseum as Experiences may expire and/or are intrinsically linked to celebrities. If an Experience becomes unavailable, the User shall lose all rights to said Experience without any repayment by Olyseum and/or any compensation by Olyseum for any loss or damage. 
4.4.    The duration of validity of an Experience is determined by Olyseum in accordance with its agreement with celebrities and as specified in the terms and conditions set forth in the Website. Expired Experiences cannot be used in any way by the User.

5.    NFTs/NFS
5.1.    Collections
NFTs, series and/or collections are non-exclusive and created at Olyseum’s sole discretion. When purchasing an NFT, you shall become the owner of the NFT and shall be entitled to a limited licence on the Digital Art (see below article 12).
NFTs may be acquired on Olyseum’s marketplace with the means of payment indicated on the Website at the time of the purchase. NFT purchasers understand that they may not chose or select which NFT they will acquire and accept the purchased NFT “as is”. 
5.2.    Benefits
NFTs have the following benefits for their holders– subject to additional conditions detailed below or as mentioned on the Website:
-    Becoming a member of the celebrities club called “Stars Club”
-    Accessing to the Metaverse VIP rooms of the celebrities
-    A chance to access to Experiences and products for holder of NFT with specific attributes as indicated in the Website
Olyseum reserves the rights to issue an NFT with other specific attributes, at its sole discretion, subject to the specific conditions as indicated on the Website upon its issuance.
Furthermore, the holder of NFT with specific attributes as mentioned in the Website may access and benefit of the Experience, at the conditions described under article 5 and as specified in the terms and conditions included in the Website for such Experience.

6.    RAFFLE
Olyseum may organise raffle associated with the launch of the first NFS episode of a celebrity as a promotional event in order to win an NFT. The raffle is free for the participant and any User can access to the raffle with their login password.

     
7.    METAVERSE
At this stage, the Metaverse gives access to spaces like the Main Hall, the central area of the Metaverse, where Users can initially enter and explore the Metaverse. This space is the gateway to all other areas and is designed to give a first immersion in the Metaverse. In the Main Hall, Users can access to the activities scheduled in the Metaverse which are proposed by individuals from the ecosystem of the Olyverse celebrities, as well as access to the map of the Metaverse and a museum. Activities will be announced in the Main Hall and subject to specific terms and conditions provided on the Website. Different spaces and services will be available in the Metaverse and will be communicated in due time via our social media. These Terms will be amended accordingly pursuant to art. 21.4 of these Terms.

8.    PAYMENTS

8.1 Payment methods and accepted means of payment are those provided on the Website and in the Metaverse at the time of the purchase.

8.2 The purchase of the Services (ie. the Experiences, including goodies and products and the NFTs) is made in accordance with the price, particular conditions and information provided by Olyseum’s marketplace on the Website and in the Metaverse at the time of the purchase. Olyseum does not warrant or make any guarantee that NFTs and/or Experiences retain any monetary value, in fiat, cash or cryptocurrency.

8.3 The purchase of any Service on the Website and in the Metaverse, respectively NFT(s) or Experience(s), is definitive and non-refundable.

8.4 The wallet address is personal and non-transferable and is linked to a specific User and purchase.

9.    ACCESS AND USE
9.1.         Access
In order to access the Services provided by Olyseum, users will be able to create a wallet with its own email.
Olyseum may determine, in its sole discretion, that it is necessary to obtain certain information about Users in order to comply with applicable law or regulation in connection with the use of the Website. Users agree to provide such information promptly upon request and acknowledge that Olyseum may refuse to provide any Services until such requested information is provided. Should a User not be validated, they      shall be blocked from accessing Olyseum’s Services, including the Website.
Olyseum may, on a temporary or definitive basis, interrupt access to the Website and/or any Services at any time and at Olyseum’s sole discretion.
Users alone are responsible for any acts or omissions that occur through the use of their user credentials. In particular, Users who are OLY Token holders agree not to allow anyone use their wallet or share their user credentials with any other person for the purpose of facilitating their unauthorized access to the Services. If a User does share      their user credentials with anyone, Olyseum will consider any activities undertaken to have been authorized by the User. Olyseum reserves the right to suspend or block the access Services upon suspicion of any unauthorized access or use, or any attempted access or use, by anyone associated with a User’s user credentials.
9.2.         Restrictions
Individuals under 18 years old may not use the Website and/or any Services provided by Olyseum. Users who are using the Website on behalf of an entity represent and warrant that they have the legal capacity and are authorized to accept these Terms on the entity’s behalf.
Olyseum does not make any representations or warranties as to any token / NFT qualification or lawfulness of a purchase in any jurisdiction other than Switzerland. It is your sole responsibility to seek proper professional and legal advice in order to confirm the legal regime that applies to tokens and NFTs in your jurisdiction, including any consequences such as taxes.
Additionally, a purchase is in any event forbidden for any person who resides in Afghanistan, Albania, Barbados, Burkina Faso, Belarus, Burundi, Cambodia, Cayman Islands, Chad, Congo, Crimea Region of Ukraine, Cuba, DRC, Eritrea, Ethiopia, Guinea Bissau, Haiti, Honduras, Iraq, Iran, Jamaica, Libya, Mali, Malta, Morocco, Myanmar, Nicaragua, North Korea, Pakistan, Panama, Philippines, Russia, Senegal, Somalia, South Sudan, Turkmenistan, Uganda, Venezuela, Yemen, Zimbabwe.
9.3.    Proper use
Users must use the Website and any Services provided by Olyseum properly and in no event for the purpose of conducting unlawful activities, violating the rights of other persons or entities or infringing any applicable legal provisions or in violation with these Terms, additional applicable conditions and policies.
Among other obligations, Users undertake when using the Website and/or any Services provided by Olyseum:
●    Where required, to truthfully provide Olyseum with their name and contact data and any other personal details required;
●    Not to use a false identity and/or deceive Olyseum, Users or third parties in any other way;
●    To act in a lawful manner, in accordance with the applicable law and the Terms;
●    Not to publish, post, transmit or provide third parties with links, photographs, videos, other kinds of content of a violent, racist, xenophobic or pornographic nature, content condoning terrorism and content which violates human rights or may create distress within the Olyseum community.
●    Not to publish, post, transmit or provide third parties with links, photographs and videos which violate the rights of privacy, honour and/or the image of third parties. If they are also minors, their parents must have granted their consent with regard to the image rights;
●    Not to publish, post, transmit or provide third parties with links, photographs, videos and content which violate intellectual and industrial rights and other rights;
●    Not to send spam or advertisement unless the User is authorised to do so by Olyseum in writing;
●    Not to divert or attempt to divert any feature of Olyseum’s Services from its normal use, as outlined in these Terms;
●    Not to extract or reuse the data contained on the Website beyond normal use, unless prior written consent of Olyseum;
●    Not to use any robot software or any other equivalent automated process or tool; and
●    Not to disclose any data, information or content which has the effect of diminishing, interrupting or preventing the normal use of the Website or interrupting and/or diminishing the normal flow of communication between Users.
In the event that a User does not comply with one or more of these rules, Olyseum reserves the right to refuse and cancel any access to the Website and to any Services and to automatically remove and erase any litigious content.

10.    VALIDITY AND CANCELLATION OF USERSHIP
10.1.    Validity of Usership:
Users are granted their Usership by Olyseum for an indefinite duration from the moment of the completion of the sale. Olyseum may refuse Usership at its entire and sole discretion, at any time and for any reason, without having to provide any justification.
10.2.    Cancellation by Olyseum:
Olyseum may, without prior notice, unilaterally suspend, block or cancel Users’ access to the Website, including the use of any Service, on a temporary or permanent basis, or cease providing all or part of the Services, at any time and at Olyseum’s entire and sole discretion, for any grounds and without indication of such grounds, and without compensation.
In particular, this may occur when Olyseum considers that:
-    a User has violated the Terms, any additional conditions or policies, like the Code of Conduct of the Metaverse or applicable law;
-    a User creates a risk or potential legal exposure for Olyseum or a third party such as a Celebrity; or
-    a User may damage the reputation of the Services provided by Olyseum.
In addition, Olyseum reserves the right to take any appropriate legal action as a result of any breaches of the Terms, any additional conditions or policies or of the law that Users may commit, including for damages in accordance with the applicable law.
In the event of the suspension of Users’ accounts, Olyseum shall notify the Users of said suspension by email, requesting that they refrain from the breach in question. Once the period of 10 days from the date of the notification has elapsed, Olyseum may automatically and immediately cancel the Usership without any formal procedure or notification and the User shall be subject to any damages that Olyseum may claim as compensation.
10.3.    Cancellation by a User:
Users may cancel their Usership at any time and for any reason by following process: The User must send an email to legal@olyverse.com from an email address verified by Olyseum. The User shall then receive an electronic confirmation message at this address. The User should confirm that they wish to definitively and irrevocably proceed to the cancellation of the Usership by selecting the option provided for said purpose by Olyseum. Once the cancellation has been confirmed, Olyseum shall send a further message confirming cancellation of the Usership.
10.4.    Erasure of account:
Once the cancellation is operated, Olyseum reserves the right to erase all content linked to the User’s account, uploaded or posted by the User.

11.    INFORMATION AND SECURITY
11.1.    All information provided on the Website is provided “as is” without any warranty, whether express or implied unless, unless this is specifically imposed by Swiss law. Olyseum reserves the right, at any time and without prior notice, to modify any information provided to Users when updating or correcting errors and inaccuracies on the Website.
11.2.    Users are solely responsible for their interactions with other users and for the information and content they provide to Olyseum, other Users or third parties. Olyseum has no obligation to verify such content or to monitor or resolve any related disputes and shall not endorse any responsibility or liability in this framework. Users may notify Olyseum of any offensive or unlawful content. Users ensure and warrant to Olyseum that all information, documentation, data and material provided or transmitted to Olyseum is accurate, truthful and current and you will be solely responsible for the content of such information, documentation, data and material.
11.3.    Users are responsible to ensure the safeguarding and confidentiality of their username and password – including that of third-party access providers – and private keys. Olyseum will be entitled to presume that it is the concerned User when its user name, password, third-party access or private key is used unless the User has already notified Olyseum in writing if said User has any reason to believe that the confidentiality of their  username, password, third-party access or private key may have been compromised. Users must inform Olyseum as soon as they are aware of such theft or if they have suspicions or know that any such information is compromised in any way.
11.4.    If Users choose to correspond with Olyseum via the Website, they consent to Olyseum retaining and/or sharing the content of the correspondence for the purpose of responding to the query.
11.5.    Olyseum may block the access to the Website, including the use of any Services, at any time in particular when this is necessary for security reasons or to implement technical measures.
11.6.    Users’ are liable for the loss of their private key and any consequent loss in relation to OLY Tokens and/or NFTs.

12.    VIRUSES, HACKING AND OTHER OFFENCES
12.1.    Users must not misuse the Website or interfere with other Users by knowingly introducing or sending viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. Users must not attempt to gain unauthorised access to the Website (which includes the server, cloud or any related data based), the blockchain and/or protocol used for the OLY Tokens and/or NFTs. Users must not attack the Website or concerned blockchain by any means, in particular via a denial-of-service attack or a distributed denial-of-service attack.
12.2.    By breaching this clause, Users may be acting contrary to Swiss law. Olyseum will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the User’s identity to them. In the event of such a breach, Users’ right to use the Website will cease immediately. To the maximum extent permissible by law, Olyseum will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Users’ computer equipment, computer programs, data or other proprietary material due to their use of the Website or to their downloading of any material posted on it, or on any Linked Sites (as defined hereunder).

13.    INTELLECTUAL PROPERTY
13.1.    Users acknowledge and agree that Olyseum owns and shall continue to own, exclusively, all legal property, right, title and interest in and to the Website and the Metaverse and its content (including, but not limited to, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, their selection and arrangement, trademarks, tradenames, service marks, branding features, business names, logos, slogans), the Digital Arts and NFS, including all intellectual property rights therein. In particular, Olyseum (on its behalf and, if applicable, on behalf of its licensors) reserve all rights in and to the Digital Arts and NFS, including all copyrights in and to it, such as the right to reproduce and make copies of it, to prepare derivate works, to distribute, sell, transfer, display or the like, to perform or to publicly display and publicly perform, including in the framework of the Website, a museum or in the Olyverse. Contributors to the NFS acknowledge that their contribution does grant them any rights, in particular any intellectual property rights, such as copyrights, in the NFS and waive any and all claims on the NFS and its episodes.
13.2.    Upon the purchase of an NFT, NFT holders will receive the ownership of the NFT and Digital Art to the exclusion of any intellectual property rights, as described in this clause 13. By purchasing an NFT, NFT holders will benefit from a personal world-wide, non exclusive, royalty free license (but without derogating from Olyseum’s mentioned rights under article 12 and subject to compliance with these Terms)(the “License”) to use, copy and display the Digital Art at the following conditions:
1. For personal use along with any extensions that you choose to create or use, solely for the following purposes:
a.    privately or publicly, exclusively for personal, non-commercial purposes, including on social media platforms, digital galleries, or
b.    otherwise on the Internet or in association with the NFT holder’s offer to sell or trade the Digital Art in a marketplace.
2. For commercial use, solely for the purpose of creating derivative works based on the Digital Art. For example, NFT holders are entitled to produce, market and sell merchandizes/goods on which the Digital Art (associated to their NFT) is printed/stamped, provided such merchandize/goods is not illegal, obscene, vulgar, violent, defamatory, libelous, gambling related, discriminatory, pornographic, or otherwise offensive, harmful or malicious.
This license will only apply as long as the NFT holders holds the NFT. If at any time an NFT holder sells, trades, donates, gives away, or transfers his NFT to a new owner, directly or through a marketplace, the license shall be automatically assigned to that new owner, and the previous NFT holder will have no further rights in or to the NFT or the Digital Art associated with it.
13.3.    Users are not required to provide Olyseum with any feedback or suggestions regarding the Website or any Digital Art or NFT. However, should a User provide Olyseum with comments or suggestions for the modification, correction, improvement or enhancement of thereof, then, the concerned Users hereby grant Olyseum a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Olyseum chooses, and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Olyseum’s products (including NFTs and Digital Arts) and content embodying such comments or suggestions in any manner and via any media Olyseum chooses, but without reference to the source of such comments or suggestions.
13.4.    Access to the Website and the information contained therein, does not in any way convey or transfer any right in or to the intellectual property rights of Olyseum or any other person in respect of data or information displayed or accessible from the Website (the “Material”) or in any of the trade marks, copyright, designs, patents, source code, browsing structure, software, domain names, know-how, confidential information, trade secrets or any other intellectual property rights which may vest in Olyseum or in the author, compiler, creator or licensor of the Material.
13.5.    Olyseum expressly reserves all rights in and to the Olyseum name and logo, the domain name www.olyseum.com, www.olyverse.com, elated sub domains and all other of Olyseum’s names, marks, taglines, or those relating to the Services.
13.6.    All Olyseum’s copyrights, trademarks, logos, brands, domain names and other marks and intellectual property relating to accessible from, or occurring on the Website, or any Material contained or accessible from the Website shall remain the sole and exclusive property of Olyseum and the relevant authors, owners or licensors thereof (“Proprietors”) and Users undertake not to use, disseminate, or otherwise deal with such intellectual property without Olyseum’s or the relevant Proprietor’s written approval.
13.7.    Users undertake not to change or delete any proprietary notices contained or displayed in any Material, data or information downloaded or otherwise retrieved from the Website. Under no circumstances must Users attempt to reverse engineer, disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means, (electrical, mechanical, photo reproduction, recordation or otherwise) any of the Material, software material, information or content viewed, downloaded or otherwise retrieved from the Website.
13.8.    If Users print off, copy or download any part of the Website in breach of these Terms, their right to use the Website will cease immediately and they must, at Olyseum’s option, return or destroy any copies of the Materials they have made.
13.9.    Users are informed, understand and agree that all data, information and/or content (collectively the “Content”) published on the Website shall be made accessible to other Users at all times and irrevocably agree that Olyseum make use of such Content in the framework of its Services without any compensation for as long as such Content is made available by the User.
13.10.    Users represent and warrant that they have all legal rights to publish any Content, in particular in terms of third-party intellectual property contained therein, such as trademarks and copyrights and undertake not to violate any third-party intellectual property right while using the Website. In particular, Users entirely release Olyseum from any liability whatsoever regarding the use of such third-party intellectual property on the Website.

14.    LINKS PROVIDED BY OLYSEUM
14.1.    Olyseum’s Services may include technical link devices, directories and search tools that enable Users to access other websites and digital world portals (hereinafter, “Linked Sites”).
14.2.    Users acknowledge and agree that access to the Linked Sites shall be entirely at their own risk and under their responsibility and that Olyseum may not be held liable for any possible violations of third-party rights or legal provisions. Similarly, Olyseum may not be held liable for the technical availability or failures of the pages and linked portals, as well as the quality, reliability, accuracy and/or truthfulness of the Services, information, elements and/or content they may access.
14.3.    If Users consider that there is a Linked Site with unlawful or inappropriate content, they can inform Olyseum, without this notification entailing any obligation for Olyseum to remove said link.

15.    EXCLUSIONS AND LIMITATION OF LIABILITY
15.1.    Olyseum shall not be liable for and Users will have no claim of whatsoever nature against Olyseum as a result of:
o    the loss of or access to any usernames or passwords, third-party access or private keys;
o    any unavailability of, or interruption of access to or use of the Website or any blockchain, software, Services, features or facilities offered on the Website;
o    any suspension or termination of Users’ access to or use of the Website or any blockchain, software, Services, features or facilities offered on the Website;
o    any unavailable feature, including NFTs and/or Experiences;
o    any transactions concluded between Users in relation to NFTs or access to Experiences;
o    any bugs or errors contained in a smart contract, whether developed or not by Olyseum.
15.2.    In addition to and without prejudice to any other limitations of liability provided for in these Terms or any other agreement and to the fullest extent permitted by Swiss law, Olyseum shall not be liable to Users for any direct damages or any special, indirect, incidental or consequential damages arising out of or relating to these Terms, the use of the Website or Services, whether resulting from negligence, breach or any other cause, except for gross negligence or wilful misconduct. To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that Olyseum is liable to the User for any damages, Olyseum’s liability for any damages howsoever arising shall not exceed any payment made by Users to Olyseum, if any.

16.    INDEMNIFICATION
16.1.    To the fullest extent permitted by applicable law, Users will indemnify, defend and hold harmless Olyseum and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (“Company Parties”) from and against all actual and threatened claims, lawsuits, demands, actions, investigations (whether formal or informal), liabilities, obligations, judgments, damages, penalties, interests, fees, losses, expenses (including attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether claimed by the Company Parties or third parties including governmental authorities, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise arising from or relating to: (i) the use of the Services, or Website in violation of these Terms or any other applicable terms or applicable law, (ii) Users’ responsibilities or obligations under these Terms, (iii) User’s violation of these Terms or any other applicable terms, (iv) any inaccuracy in any representation or warranty of the User; and/or (v) any act or omission of the User that is negligent, unlawful or constitutes willful misconduct. For avoidance of doubt, nothing contained herein shall limit or restrict the Company Parties’ right to maintain or recover any amounts in connection with any action or claim based upon intentional misstatement, fraudulent misrepresentation, gross negligence or deceit.
16.2.    Olyseum reserves the right to exercise sole control over the defense, at the User’s expense, of any claim subject to indemnification as provided under these Terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between Users and Olyseum.

17.    RELEASE
17.1.    To the fullest extent permitted by applicable law, Users release the Company Parties from responsibility, liability, claims, demands, and/or damages (direct and indirect) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between you and the acts or omissions of third parties.
17.2.    Users expressly waive any rights they may have under any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which they may know or suspect to exist in their favor at the time of agreeing to this release.

18.    NOTIFICATIONS OF VIOLATIONS OF RIGHTS
If a User considers that another User has published content that is offensive, violate his/her/its rights or breaks any law, he/she/it should notify Olyseum by sending an email to legal@olyverse.com, reporting its location on the Website in as accurate a manner as possible. Such notification entailing any obligation for Olyseum to remove said content.

19.    PROCESSING OF PERSONAL DATA
19.1.    The Website may enable Users to take part in the social network and community of Olyseum. In this framework, Users shall receive information and updates on Olyseum’s activities and network evolution. Users may refuse any direct marketing at any time.
19.2.    Olyseum may collect personal data from Users’ activities that are publicly visible and/or accessible on blockchains. This may include blockchain addresses and information regarding purchases, sales, or transfers of OLY Tokens or NFTs, which may then be associated with other data Users have provided to us.
19.3.    Users acknowledge that Olyseum cannot edit or delete any information that is stored on a blockchain, as Olyseum does not have custody or control over any blockchains. The information stored on the blockchain may include purchases, sales, and transfers related to Users’ blockchain addresses, OLY Tokens and NFTs held at that address.
19.4.    Please refer to Olyseum’s Privacy Policy or Cookie Policy for information on the collecting and processing of personal data collected through the Website.

20.    PROPER CONDUCT
20.1.    Users undertake to be respectful of other Users. In particular, Users shall not make any sexist, racist or any exclusionary or inappropriate comments to other Users or through the Website. Users shall not comment, publish, post or disseminate, no matter the medium or the form, anywhere on or through the Website, content that: defames, harasses or threatens other Users, discusses any illegal activities or encourage others to commit such activities, infringes or misappropriates a third party’s intellectual property rights or may not be disclosed under contractual confidentiality obligations or fiduciary duties, contains obscene (i.e. pornographic) material, language or images, advertising or promotional materials or any form of commercial solicitation, or that may otherwise harm or offence Users or that is otherwise unlawful or that breaches applicable law and regulations.
20.2.    Users who do not respect proper conduct while using the Website and its features may at any time be temporarily or definitively excluded from accessing the Website, at Olyseum’s sole discretion and without indication of any grounds.

21.    MISCELLANEOUS
21.1.    Assignment. Users shall not assign their rights and obligations under these Terms without the prior written consent of Olyseum. Any assignment or transfer in violation of this clause shall be void. The Users understand and agree that Olyseum may assign or transfer in any way (including by means of the sale of assets) all or part of its rights and obligations under these Terms. In such case, the assignee shall replace Olyseum and the latter shall be released from all of its obligations to the Users as of the date of the assignment. Subject to the foregoing, these Terms, and the rights and obligations of the Parties thereunder, will be binding upon and inure to the benefit of their respective successors, assigns, heirs, executors, administrators and legal representatives, unless Olyseum makes an assignment itself or agrees to an assignment by the User. Any purported assignment in violation of this provision shall be void.
21.2.    Entire Agreement. These Terms and the materials incorporated herein by reference, constitute the entire agreement between the Parties and supersede all prior, concurrent or subsequent agreements and understandings, both written and oral, between the Parties with respect to the subject matter hereof, including, without limitation, any public or other statements or presentations made by Olyseum or its affiliate. The provisions of these Terms shall prevail in the event of any contradiction with any prior, concurrent or subsequent agreement and understanding, unless the Terms are expressly and specifically excluded. No Party shall be liable or bound to the other Party in any manner with regard to the subjects hereof or thereof by any warranties, representations or covenants except as specifically set forth herein or therein.
21.3.    Severability. If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid, inoperative or unenforceable for any reason, the provision shall be modified to make it valid and, to the extent possible, effectuate the original intent of the Parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the fullest extent possible.
21.4.    Amendment. Olyseum may modify these Terms at any time by, at its sole discretion, for any reason posting a revised version on the Website without advance notice to the Users. The modified provisions will become immediately effective upon posting or the date indicated in the posting. It is the User’s responsibility to check the Website regularly for amendments. The continued use of the Website after any amendment becomes effective constitutes the User’s acceptance of the amendment.
21.5.    No Waivers. The failure by Olyseum to exercise or enforce any right or provision of these Terms will not constitute a present or future waiver of such right or provision nor limit Olyseum’s right to enforce such right or provision at a later time. All waivers by Olyseum must be unequivocal and in writing to be effective.
21.6.    No Partnership; No Agency; No Third-Party Beneficiaries. Nothing in these Terms and no action taken by the Parties shall constitute, or be deemed to constitute, a partnership, association, joint venture or other co-operative entity between the Parties. Nothing in these Terms and no action taken by the Parties pursuant to these Terms shall constitute, or be deemed to constitute, either Party the agent of the other Party for any purpose. No Party has, pursuant to these Terms, any authority or power to bind or to contract in the name of the other Party. These Terms do not create any third-party beneficiary rights in any person.
21.7.    Electronic Communications. Users agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively "Communications") that Olyseum provides in connection with the use of the Website. Users agree that Olyseum may provide Communications by posting them on the Website, by emailing them to Users at the email address and/or by sending an SMS or text message to a mobile phone number provided by Users. The Users carrier’s rates and fees may apply to any mobile communications. It is the User’s responsibility to maintain copies of Communications. Users may withdraw their consent to receive electronic communications by sending a withdrawal notice to support@olyverse.com. If Users decline or withdraw consent to receive Communications, Olyseum may suspend or terminate Users’ ability to use the Website.

22.    REQUESTS AND OTHER CORRESPONDENCE
Users may submit to Olyseum any requests or communication by writing to support@olyverse.com.

23.    GOVERNING LAW AND JURISDICTION
23.1.    These Terms shall be governed in all respects, including as to validity, interpretation and effect, by the laws of Switzerland, to the exclusion of the United Nations Convention on Contracts for the International Sales of Goods, and without giving effect to its principles or rules of conflict of laws to the extent such principles or rules are not mandatorily applicable by statute and would permit or require the application of the laws of another jurisdiction.
23.2.    Subject to any applicable mandatory law, the courts of Geneva, Switzerland shall have exclusive jurisdiction over any claim arising from or related to the Terms and/or the Website and/or Services provided by Olyseum.

 

Olyverse Promotional Offer Terms and Conditions

These Olyverse Promotional Offer Terms and Conditions (the “Promotional Offer Terms”) are applicable to the Kerem Bürsin NFT purchase discount promotional offer you have subscribed to (the “Promotion”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN FULL. THEY CONTAIN CONDITIONS AND RESTRICTIONS RELATING TO THE PROMOTION.

1. Introduction
You acknowledge that the Olyverse Services Terms and Conditions available at the following URL address: https://olyverse.com/terms-conditions fully apply to these Promotional Offer Terms.
In the event of any conflict or inconsistency between the terms and conditions of these Promotional Offer Terms and the one set forth in the Olyverse Services Terms and Conditions, the terms and conditions set forth in these Promotional Offer Terms shall prevail.

2. Promotion
Anyone who has signed up to the waiting list available online at the following URL address: https://clubkerem.carrd.co/ or https://olyverse.com/stars/kerem-bursin-waitlist by entering his/her email address on a landing page, will receive a promotional code in order to benefit from a 20 $ discount when purchasing Kerem Bürsin NFT in the Olyverse NFT marketplace, subject to availability.
This Promotion is intended for private individuals. Requests from companies, organisations and institutions are excluded from this Promotion. You must be 18 years of age or older to apply for the Promotion. Only registered emails approved by us will be able to benefit from the promotional code in accordance with the Promotional Offer Terms set out below (“Eligible customers “;).
By registering in the waiting list and giving your email address, you (i) confirm your acceptance of the advertised Promotion; (ii) accept these Promotional Offer Terms; and (iii) acknowledge and accept the Olyverse Services Terms and Conditions.
Promotional code will only be valid for 72 hours. Promotional code submitted after the 72 hours deadline will be rejected. Each promotional code can only be used once. Promotional codes are personal and cannot be transferred to third parties, sold, bartered, auctioned, traded or exchanged or re-used. No alternative in the form of credit, cash or product can be obtained in lieu of the promotional code.
We reserve the right to suspend and/or cancel the promotional code if we suspect that the information provided by the Eligible Customer (email address, etc.) is false or fraudulent or that the Eligible Customer does not comply with these terms or we have the grounds of suspicion or abuse of offers. We reserve the right to take legal action against any individual who deliberately submits false or fraudulent personal information.
We reserve our right to change or modify these Promotional Offer Terms at any time and in our sole discretion.
We reserve the right to withdraw or terminate the Promotion at any time, with immediate effect and without notice, for any reason.

3. Duration of the Promotion
The promotional period begins on November 15, 2023 and will remain valid until December 2, 2023.

4. Personal Data
All information collected by us in connection with the Promotion will be processed and used in accordance with our Privacy Policy .

5. Applicable law and jurisdiction
These Promotional Offer Terms shall be governed by and construed in accordance with the laws of Switzerland.

The courts of Geneva, Switzerland shall have exclusive jurisdiction over any claim arising from or related to these Promotional Offer Terms.


Last update:      January 18, 2024