Terms and conditions of the Hublot | Murakami artist proof nfts

 1.   INFORMATION ABOUT US

1.1.    Hublot is a company registered with the Register of Commerce and Companies of the Canton of Vaud, Switzerland, under the number CHE-103.541.787, with headquarters at chemin de la Vuarpillière 33, 1260, Nyon, Switzerland. We operate the website www.hublot.com (“Site”).

2.    DESCRIPTION OF THE HUBLOT CLASSIC FUSION MURAKAMI NFT AND ELIGIBILITY FOR ITS INITIAL REQUEST 

2.1.    The Hublot Classic Fusion Murakami NFT relates to the Artwork, as well as to its associated smart contracts and metadata (“Referenced Content”). 

2.2.    During the “Eligibility Period”, which starts on April 1st, 2022 (at 9:00am Central European Summer Time (“CEST”)) and ends on April 25th, 2022 (at 11:59pm CEST), the current owner of a Watch, physically in possession of the said Watch at the time of the Request, is eligible for the transfer in his/her favor of a Hublot Classic Fusion Murakami NFT corresponding to his/her Watch, provided the conditions set out under these Terms are met, including without limitation the terms and conditions set out under Sections B.1 and B.8.1 of these Terms (“Eligible Watch Owner”). 

2.3.    Furthermore, any person with a confirmed order for the primary purchase of a Watch directly from Hublot and/or from a Hublot’s official authorized retailer and not yet in possession of the said Watch before April 25th, 2022 (because the delivery of his/her Watch is still pending) will also be considered as an Eligible Watch Owner. For these specific Eligible Watch Owners only, the Eligibility Period to request the Hublot Classic Fusion Murakami NFT through the process described in Section B.1 will be of thirty (30) days starting from the date of the warranty activation of the Watch.

 
2.4.    The Hublot Classic Fusion Murakami NFT is redeemable by Eligible Watch Owner by following the Request process set out in Section B.1 below. By the end of the Eligibility Period, we shall be entitled to dispose of or deal with the unrequested Hublot Classic Fusion Murakami NFTs as we see fit and we notably reserve the right to determine, at our sole discretion, new eligibility conditions for the distribution and transfer of the remaining Hublot Classic Fusion Murakami NFTs.

2.5.    If you are not eligible and/or do not meet the conditions described in these Terms for a transfer of a Hublot Classic Fusion Murakami NFT, we will not follow up on your Request. 

2.6.    A single Hublot Classic Fusion Murakami NFT will be issued (minted and dropped) per Watch serial number. It means that the Hublot Classic Fusion Murakami NFT will be transferred only to the wallet address of the Eligible Watch Owner who makes the first Request for the Hublot Classic Fusion Murakami NFT in connection with a specific Watch serial number. The above applies for example if a same Watch is owned by several owners during the Eligibility Period. This means that if a Hublot Classic Fusion Murakami NFT has already been first requested by an Eligible Watch Owner for a specific Watch serial number, any subsequent attempt to request another Hublot Classic Fusion Murakami NFT with the same Watch serial number will be rejected.
Any person submitting a Request for a Hublot Classic Fusion Murakami NFT acknowledges, represents and warrants that he/she is the lawful Eligible Watch Owner in possession thereof and Hublot, its officers, employees, agents and/or licensors shall not be held liable or responsible for any claims, causes of action, liabilities, damages, losses and expenses (including but not limited to reasonable attorneys’ fees) for loss of or damage which may be incurred by you or any third party whatsoever, including by any lawful Watch owner, arising out of or in connection with any transfer of a Hublot Classic Fusion Murakami NFT by Hublot based on a Request that turns out to be, after the transfer, fraudulent and/or otherwise in breach of these Terms or applicable laws and regulations.

2.7.    You agree that Hublot can use the personal data provided by you in the process of the Request to carry out appropriate anti-fraud investigations. For the purpose of the fight against Internet fraud, the data relating to your Request may be transferred to any third party authorized by law or appointed by Hublot, with the sole purpose of checking your identity and validating the Request. After the aforementioned verification, Hublot reserves the right to request a photocopy of your ID. You have the right to access, amend and remove any personal data processed by Hublot under the conditions set out in the privacy policy accessible at https://www.hublot.com/privacy-policy (the “Privacy Policy”).

2.8.    The description of the Artwork on our Site and/or on any public communications published by Hublot, its officers, employees or agents, its affiliates, any Hublot’s official retailers, Mr. Takashi Murakami and/or other licensors in relation to the Hublot Classic Fusion Murakami NFTs or Artwork is approximate, and images of the Artwork are provided solely for illustrative purposes. Whilst we make every effort to be as accurate as possible in the description of the Artwork, such description is solely approximate and we cannot guarantee that our Site and/or any other of Mr. Takashi Murakami’s and/or our (including from our officers, employees, agents, official retailers, or other licensors) public communications accurately reflect the Artwork (and, notably, its colors).

2.9.    By requesting the Hublot Classic Fusion Murakami NFT during the Eligibility Period (as first Eligible Watch Owner) or by purchasing the Hublot Classic Fusion Murakami NFT through a secondary transaction, you accept that Hublot Classic Fusion Murakami NFTs are subject to inherent technological risks which may affect their performance, now or in the future. You further acknowledge and agree (i) that the characterization and regulatory scheme governing NFTs, cryptocurrencies, and blockchain technology is uncertain and undetermined, (ii) that your Request or purchase and receipt of the Hublot Classic Fusion Murakami NFT complies with applicable laws and regulations in your jurisdiction, and (iii) that new regulations or policies may materially adversely affect the Hublot Classic Fusion Murakami NFT.

2.10.    You acknowledge and agree that the Hublot Classic Fusion Murakami NFT may be subject to commissions, 7.5% royalties and/or any other fees on various marketplaces for any subsequent resales of the Hublot Classic Fusion Murakami NFT. 

2.11.    Our Request process allows you to check and amend any errors before submitting your Request to us. Please take the time to read and check your Request before submitting it. If you submit a Request to us which contains an error, please contact us on info@hublot.ch or +41(0) 22 990 99 80 as soon as possible to correct the error. We will try to correct any error in the Request submitted by you before it is processed, but we cannot guarantee such correction.

3.    OUR LIABILITY TO YOU AS A CONSUMER

3.1.    We only supply the Hublot Classic Fusion Murakami NFT for domestic and private use. Except as authorized pursuant to part B. below, you agree not to use the Hublot Classic Fusion Murakami NFT or the associated Artwork for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

4.    EVENTS OUTSIDE OUR CONTROL

4.1.    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an act or event beyond our reasonable control (“Event Outside Our Control”).

4.2.    If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

4.2.1.    we will contact you as soon as reasonably possible to notify you (unless it proves to be impossible or would involve disproportionate effort); and

4.2.2.    our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the delivery of the Hublot Classic Fusion Murakami NFT, we will arrange a new delivery process with you if and once the Event Outside Our Control has terminated.

5.    HOW TO CONTACT US AND COMMUNICATIONS BETWEEN US

5.1.    When we refer, in these Terms, to "in writing", this will include e-mail.

5.2.    You can contact us for any reason using the following means:

5.2.1.    E-mail at: info@hublot.ch

5.2.2.    Telephone on +41(0) 22 990 99 80 (Monday to Friday from 10:00am until 7:00pm and Saturday from 10:00am until 6:00pm, Central Europe Time).

5.3.    If we need to contact you or give you notice in writing, we will do so by e-mail based on information you provided to us in your Request.

6.    OUR RIGHT TO REVISE THESE TERMS

6.1.    We may revise these Terms at any time, for security, legal, regulatory or operational reasons by posting a new version without prior notification. 

6.2.    The Terms in force at the time of the Request of the Hublot Classic Fusion Murakami NFT or any of its acquisition on a secondary market will apply to the Contract between you and us.

7.    HOW WE USE YOUR PERSONAL INFORMATION

7.1.    With regards to a Request for the Hublot Classic Fusion Murakami NFT, we use your personal information in order to provide you with the Hublot Classic Fusion Murakami NFT and manage our contractual relationship with you pursuant to these Terms. Your personal data may also be transferred to third-party providers as strictly necessary for the purpose of transferring the Hublot Classic Fusion Murakami NFT to you and/or otherwise operating the Hublot Classic Fusion Murakami NFT.

7.2.    You have certain rights regarding your personal information, including the following rights to: access your personal information; rectify the information we hold about you; delete your personal information; restrict our use of your personal information; object to our use of your personal information; receive your personal information in a useable electronic format and transmit it to a third party (right to data portability); and lodge a complaint with your local data protection authority.

7.3.    Please read our Privacy Policy accessible at https://www.hublot.com/privacy-policy, for further information regarding the way we process your personal information and the modalities for exercising the above-mentioned rights.

8.    OTHER IMPORTANT TERMS

8.1.    While we may transfer our rights and obligations under the Contract to another organization, such transfer will not affect your rights or our obligations under these Terms.

8.2.    You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. For the avoidance of doubt, this provision does not apply to purchasers of the Hublot Classic Fusion Murakami NFT on the secondary market since such purchaser is directly a party to these Terms.

8.3.    This Contract is between you and us. Except as expressly set out in this Section A.8, a third person, who is not a party to this Contract, shall not have any rights to enforce any of its terms. The rights of the parties to terminate, rescind or agree to any variation, waiver or settlement under this Contract are not subject to the consent of any other person.

8.4.    Each Section of these Terms operates separately. If any court or relevant authority decides that any Section is unlawful or unenforceable, the remaining Sections will remain in full force and effect.

8.5.    If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and any written waiver does not mean that we will automatically waive any later default by you.

8.6.    THESE TERMS AND ANY DISPUTE OR CLAIM (INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THEIR SUBJECT MATTER WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH SWISS LAW, WITHOUT CONSIDERATION TO ITS CONFLICT OF LAW PROVISIONS.

8.7.    EACH PARTY IRREVOCABLY AGREES THAT THE COURTS OF GENEVA, SWITZERLAND, WILL HAVE EXCLUSIVE JURISDICTION TO SETTLE ANY CLAIM OR DISPUTE (INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THEIR SUBJECT MATTER OR FORMATION. NOTHING IN THESE TERMS WILL LIMIT OUR RIGHT TO BRING PROCEEDINGS IN ANY OTHER COURT OF COMPETENT JURISDICTION.

1.    REDEEMING THE HUBLOT CLASSIC FUSION MURAKAMI NFT (INITIAL TRANSFER) AND ACCESSING ITS ARTWORK

1.1.    We use smart contracts stored in the Ethereum blockchain to generate the Hublot Classic Fusion Murakami NFTs. Each Hublot Classic Fusion Murakami NFT requires to be stored in a personal Ethereum wallet. 

1.2.    We will release Hublot Classic Fusion Murakami NFTs and transfer the Hublot Classic Fusion Murakami NFTs solely to Eligible Watch Owners. To request your Hublot Classic Fusion Murakami NFT, you must first:

1.2.1.    Be an Eligible Watch Owner (see Section A.2 above);

1.2.2.    Install the latest version and/or update the Hublot e-warranty application (free and available to download here: Apple App Store or Google Play Store);

1.2.3.    Have an Ethereum wallet which you own and to which you have access;

1.2.4.    Have a Hublotista account. If you do not have any Hublotista account (and/or only have a Hublot account) at the beginning of the Request, you will be invited to create a Hublotista account as part of the Request process.

1.3.    In addition to the conditions set out under Section B.1.2, you should, before the end of the Eligibility Period, proceed as follows:

1.3.1.    Scan the Watch on the Hublot e-warranty application (after three failed scans, please contact our customer service on info@hublot.ch or +41(0) 22 990 99 80). 

1.3.2.    Click on the “Claim Your NFT” button and follow the online instructions to complete the process, which will notably require from you to provide some mandatory information, including -without limitation- your Ethereum wallet address.

1.3.3.    Verify and confirm that (i) the information you provided in the online form is accurate, correct and complete, (ii) you own and have access to the Ethereum wallet address indicated in the said online form, (iii) such Ethereum wallet can support and accept the Hublot Classic Fusion Murakami NFT and (iv) you are the lawful Eligible Watch Owner and in physical possession of the said Watch at the time of the Request. 

1.3.4.    Read and accept these Terms. 

1.3.5.    Submit your Request for the Hublot Classic Fusion Murakami NFT.

1.4.    If the process described in Section B.1.3 is correctly fulfilled, Hublot will send you an email acknowledging good receipt of the Request. Hublot will then review the details of your Request. 

1.5.    If the Request is confirmed and if you have accepted these Terms, we will transfer the Hublot Classic Fusion Murakami NFT to your Ethereum wallet and send you a confirmation email once such transfer has been executed.

1.6.    You understand and acknowledge that not all blockchain wallets can support storage of an Ethereum based non-fungible token, and that if you provide a non-compatible wallet address, you may lose access to the Hublot Classic Fusion Murakami NFT. You further understand and acknowledge that if you fail to provide us with an address for a blockchain wallet that is capable of supporting and accepting the Hublot Classic Fusion Murakami NFT, we may, in our sole discretion, treat the Hublot Classic Fusion Murakami NFT as transferred to you. You agree that we may require you to follow a security protocol to ensure that the Hublot Classic Fusion Murakami NFT is safely received by you. We will transfer the Hublot Classic Fusion Murakami NFT to the wallet address specified by you during the Request process, and are not responsible for confirming that you have supplied us with the correct or a valid wallet, and we are not responsible for an eventual failure of the transfer of the Hublot Classic Fusion Murakami NFT to your wallet, unless such failure is the result of us sending the Hublot Classic Fusion Murakami NFT to a wallet address other than the one provided by you. 

1.7.    Once the Hublot Classic Fusion Murakami NFT has been transferred to the wallet address you have specified, you are responsible for the secure storage of the Hublot Classic Fusion Murakami NFT in the said wallet or any other storage mechanism you use to receive and/or hold the Hublot Classic Fusion Murakami NFT. You further acknowledge that you are solely responsible for any risks associated with the transferring, creating, holding, storing, or use of the Hublot Classic Fusion Murakami NFT or a digital wallet, as applicable, including network failures or disruptions; corrupted wallet files; viruses, phishing, brute-force attacks, hacking, security breaches, mining attacks, or other means of attack against the Hublot Classic Fusion Murakami NFT; risk of losing access to the Hublot Classic Fusion Murakami NFT due to loss of private key(s); custodial or buyer error; regulatory interference in one or more jurisdictions; token taxation; personal information disclosure; uninsured losses; failure to provide appropriate maintenance (including without limitation hosting); and other unanticipated risks. We will not be responsible for any such risks or losses.

1.8.    Once the Hublot Classic Fusion Murakami NFT has been transferred to the wallet address you have specified, you irrevocably release us and, our officers, employees, agents and/or licensors, from any and all claims, causes of action, liabilities, damages, losses and expenses (including but not limited to reasonable attorneys’ fees) for loss of or damage to the Hublot Classic Fusion Murakami NFT and/or otherwise directly or indirectly relating to the Hublot Classic Fusion Murakami NFT. 

1.9.    WE RESERVE THE RIGHT TO WITHDRAW ANY HUBLOT CLASSIC FUSION MURAKAMI NFT BEFORE ITS TRANSFER IN YOUR FAVOR AND WILL HAVE NO LIABILITY TO YOU FOR SUCH WITHDRAWAL. 

1.10.    IF YOU FAIL TO VALIDLY REQUEST, PURSUANT TO THESE TERMS, THE HUBLOT CLASSIC FUSION MURAKAMI NFT BY THE END OF THE ELIGIBILITY PERIOD, WE SHALL BE ENTITLED TO DISPOSE OF OR DEAL WITH THE HUBLOT CLASSIC FUSION MURAKAMI NFT AS WE SEE FIT AND WE SHALL BE DISCHARGED OF ANY LIABILITY TO YOU WHATSOEVER IN RESPECT OF THE HUBLOT CLASSIC FUSION MURAKAMI NFT, TO THE EXTENT PERMITTED BY LAW.

2.    OWNERSHIP OF THE HUBLOT CLASSIC FUSION MURAKAMI NFT 

2.1.    Once the Hublot Classic Fusion Murakami NFT is transferred to you, you are the exclusive owner of the Hublot Classic Fusion Murakami NFT (to the exclusion of the Artwork), which is a cryptographic token on the Ethereum blockchain associated with the Artwork. This means that you have the right to dispose of the Hublot Classic Fusion Murakami NFT, including to trade it, sell it, or give it away, in accordance with these Terms and in your sole and exclusive responsibility.

2.2.    However, you do not own the underlying Artwork itself or any rights in the Artwork. Hublot and/or its licensors own all right, title and interest in and to the Artwork and any text, graphics, photographs, audio, video, logos, data, computer code and other materials contained in the Artwork, including but not limited to any copyrights, trademarks, patent rights and other intellectual property and proprietary rights therein. We reserve all rights in and to the Artwork that are not expressly granted to you in these Terms. Hublot grants you a limited license to the Artwork as detailed under Section B.3 below of these Terms. Nothing in these Terms shall be read as transferring ownership rights, including without limitation ownership of intellectual property rights, in and to the Artwork.

3.    LICENSE ON THE ARTWORK

3.1.    Subject to your compliance with these Terms, Hublot grants you a limited, worldwide, non-exclusive, non-transferable (except to the buyer in connection with a sale of your Hublot Classic Fusion Murakami NFT in accordance with Section B.4 below), non-sublicensable, royalty-free license to:

3.1.1.    display and perform the Artwork in a private and non-commercial context; and 

3.1.2.    sell the Hublot Classic Fusion Murakami NFT associated with the Artwork.

3.2.    Hublot Classic Fusion Murakami NFT owners may sell, trade, transfer, or use their Hublot Classic Fusion Murakami NFTs, but may not make commercial use of the Artwork associated with their Hublot Classic Fusion Murakami NFTs including, for example, by creating and selling copies of Artwork, licensing the Artwork for commercial purposes (e.g., to sell merchandise, products or services), or otherwise commercially exploiting the Artwork.

3.3.    The license is granted for the duration of the intellectual property rights under applicable laws over the Artwork (or until the date on which the Ethereum blockchain ceases to exist and/or the Hublot Classic Fusion Murakami NFT is otherwise burned (erased), if such date occurs prior to such duration) only to the extent that you continue to own the Hublot Classic Fusion Murakami NFT. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Hublot Classic Fusion Murakami NFT for any reason, the license granted herein will immediately expire with respect to that Hublot Classic Fusion Murakami NFT without the requirement of notice, and you will have no further rights in relation to the Artwork for such Hublot Classic Fusion Murakami NFT.

3.4.    You acknowledge and agree that, if you are in breach of these Terms, in addition to any remedies at law or in equity that may be available to Hublot, Hublot may immediately terminate the license that was granted to you without notice and, to the maximum extent permitted by applicable mandatory laws, you will be responsible for reimbursing Hublot for any damages, costs and expenses arising out of or in connection with your breach of these Terms.

4.    SALE OF THE HUBLOT CLASSIC FUSION MURAKAMI NFT (SECONDARY ACQUISITIONS) 

4.1.    You have the right to sell the Hublot Classic Fusion Murakami NFT, provided however that:

4.1.1.    before making the sale, you provide written notice to the intended buyer (a) of these Terms and (b) that their exercise of rights in the Hublot Classic Fusion Murakami NFT and Referenced Content are and will remain subject to and conditioned upon these Terms;

4.1.2.    you make the transfer on a platform that (a) verifies that the blockchain identifies your public blockchain address as the owner of the corresponding NFT and (ii) conforms to the highest industry standards and customs regarding royalty collection and payment; 

4.1.3.    you pay (or cause to be paid) the applicable royalty equal to 7.5% of the sale price;

4.1.4.    the transfer complies with applicable laws and regulations, and with the terms of the platform on which you effect the transfer; 

4.1.5.    these Terms will be fully applicable to any new owner of the Hublot Classic Fusion Murakami NFT, including without limitation the rights and obligations herein and the exclusions and limitations set out in these Terms; and

4.1.6.    commissions, royalties and/or any other fees may apply to sales carried out through some marketplaces. 

4.2.    You are solely responsible for any network and platform fees that may apply as well as any transaction duties imposed by law. 

4.3.    WE AND OUR OFFICERS, EMPLOYEES, AGENTS AND LICENSORS SHALL HAVE NO LIABILITY TO YOU EXCEPT AS EXPRESSLY PROVIDED UNDER THESE TERMS.

5.    PROHIBITED CUSTOMER ACTIVITY REGARDING THE ARTWORK

5.1.    Unless expressly permitted in these Terms or with our written consent, you may not, and you will not authorize, permit or assist any third party to:

5.1.1.    modify the Artwork associated to your Hublot Classic Fusion Murakami NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes;

5.1.2.    use the Artwork associated to your Hublot Classic Fusion Murakami NFT to advertise, market, or sell any third-party product or service;

5.1.3.    use the Artwork associated to your Hublot Classic Fusion Murakami NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise be found unlawful or infringe upon the rights of others;

5.1.4.    use the Artwork associated to your Hublot Classic Fusion Murakami NFT in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in Section B.3 above or solely for your own personal, non-commercial use;

5.1.5.    sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Artwork associated to your Hublot Classic Fusion Murakami NFT;

5.1.6.    delete, remove or obscure any trademark notice, copyright notice or other proprietary rights notice on or in any Artwork;

5.1.7.    attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Artwork associated to your Hublot Classic Fusion Murakami NFT;

5.1.8.    use any Artwork, in whole or in part, in connection with any product, service, business, lobbying effort, political campaign, or message, or in any manner that could suggest or imply our sponsorship, affiliation or endorsement of any product, service, business, lobbying effort, political campaign, or message, or in any manner that is likely to cause confusion or dilute, blur or tarnish our or our licensors’ rights in the Artwork. Any use of an Artwork, including any goodwill generated by such use, will inure to our benefit;

5.1.9.    otherwise utilize the Artwork associated to your Hublot Classic Fusion Murakami NFT for your or any third party’s direct or indirect commercial benefit; or

5.1.10.    (a) create, offer for sale, or sell fractionalized interests in any Referenced Content, (b) separate, unlink, or decouple any Artwork from the corresponding Hublot Classic Fusion Murakami NFT, or (c) use any Referenced Content to create, offer for sale, advertise, promote, or sell anything, including any other NFT.

5.2.    To the extent that Artwork associated with your Hublot Classic Fusion Murakami NFT contains, includes or otherwise relates to any licensors’ intellectual property rights (e.g., licensed intellectual property from a celebrity, artist, athlete, or other public figure) or, as the case may be, any third party’s rights, you understand and agree as follows:

5.2.1.    that you will not have the right to use such third-party rights in any way except as incorporated in the Artwork associated to your Hublot Classic Fusion Murakami NFT, and subject to the license and restrictions contained herein;

5.2.2.    that, depending on the nature of the license granted from the owner of the third-party rights, Hublot may need to pass through additional restrictions on your ability to use the Artwork; and

5.2.3.    to the extent that Hublot informs you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of these Terms.

5.3.    The restrictions in this Section will survive the expiration or termination of these Terms.

6.    DISCLAIMER OF WARRANTY 

6.1.    To the maximum extent permitted by applicable mandatory laws, the Hublot Classic Fusion Murakami NFT and associated Artwork are provided “as is”, without any guarantee, representations or warranties by us nor by Hublot’s licensors.

6.2.    We disclaim all implied warranties, including but not limited to merchantability and fitness for a particular purpose, except in so far as such obligations cannot be excluded by law. In addition, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE FOLLOWING:

6.2.1.    THE NATURE, CHARACTER, CONTENTS, CONDITION, BEHAVIOR, OPERATION, PERFORMANCE, SECURITY, INTEGRITY, AVAILABILITY, CORRECTNESS, ACCURACY, METADATA, PERSISTENCE, UNINTERRUPTED ACCESS, QUALITY, TECHNICAL DETAILS OR TERMS OF HUBLOT CLASSIC FUSION MURAKAMI NFT OR OF THE REFERENCED CONTENT, INCLUDING WITHOUT LIMITATION ANY FURTHER ITERATIONS OF THE SAME; 

6.2.2.    THAT THE HUBLOT CLASSIC FUSION MURAKAMI NFT OR REFERENCED CONTENT OR THE DELIVERY MECHANISM FOR THE HUBLOT CLASSIC FUSION MURAKAMI NFT DOES NOT CONTAIN VULNERABILITIES, VIRUSES OR MALWARE OR OTHER HARMFUL COMPONENTS, OR THAT EITHER WILL FUNCTION AS YOU MAY EXPECT OR WITHOUT ERROR OR MISTAKE; 

6.2.3.    WHETHER THE HUBLOT CLASSIC FUSION MURAKAMI NFT OR ANY REFERENCED CONTENT WILL MEET YOUR REQUIREMENTS;

6.2.4.    THE UNIQUENESS OF THE REFERENCED CONTENT; 

6.2.5.    THAT THE HUBLOT CLASSIC FUSION MURAKAMI NFT OR REFERENCED CONTENT IS RELIABLE, CORRECTLY PROGRAMMED, COMPATIBLE WITH YOUR OR OTHERS’ COMPUTER SYSTEMS, UP-TO-DATE, ERROR-FREE, COMPATIBLE WITH YOUR ETHEREUM WALLET OR THAT DEFECTS IN THE HUBLOT CLASSIC FUSION MURAKAMI NFT OR REFERENCED CONTENT CAN OR WILL BE CORRECTED; OR

6.2.6.    THE ACCURACY OR RELIABILITY OF ANY PICTURES, SIMULATION, COMMUNICATION OR VIDEOS DEPICTING THE INTENDED PERFORMANCE OF THE HUBLOT CLASSIC FUSION MURAKAMI NFT OR THE REFERENCED CONTENT, WHETHER DISPLAYED ON OUR SITE, ON ANY OTHER PLATFORM OR BY ANY OTHER MEANS.

6.3.    NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR IN RELATION TO THE HUBLOT CLASSIC FUSION MURAKAMI NFT (AND ASSOCIATED ARTWORK) AND/OR THE REFERENCED CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

7.    LIABILITY PRINCIPLES

7.1.    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR OFFICERS, EMPLOYEES, AGENTS AND LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, BREACH OF STATUTORY DUTY, OR OTHERWISE AND HOWSOEVER ARISING, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, YOUR ETHEREUM WALLET, THE HUBLOT CLASSIC FUSION MURAKAMI NFT AND ASSOCIATED ARTWORK OR REFERENCED CONTENT, including but not limited to any losses, damages or claims arising from: (i) your error, such as forgotten passwords or incorrectly construed transactions; (ii) server failure or data loss; (iii) corrupted account files; or (iv) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, brute-force attacks or other means of attack against the app, network, or the wallet account.

7.2.    Neither we nor our respective officers, employees, agents or licensors will be liable for any special, consequential, indirect or incidental damages. 

7.3.    We solely transfer the ownership rights to the Hublot Classic Fusion Murakami NFT (to the exclusion of the Artwork) and are in no way associated with or responsible for any sales or secondary market sales of the Hublot Classic Fusion Murakami NFT or any iterations of the same. Any copyright(s) in relation to the Hublot Classic Fusion Murakami NFT and Referenced Content, including but not limited to, any reproduction rights in any Referenced Content, remain with the creator(s) thereof, and the purchase of the Hublot Classic Fusion Murakami NFT does not constitute an assignment thereof. 

7.4.    Transfer of ownership of a Hublot Classic Fusion Murakami NFT will not guarantee continuing access to the Referenced Content to which it relates and you further acknowledge and agree to the risks associated with purchasing, using, transferring, and owning NFTs, as applicable, including, but not limited to, telecommunications, network, server, or blockchain failures, malfunctions, or disruptions; risk of losing access to the Hublot Classic Fusion Murakami NFT due to lost or forgotten private key(s) or password(s) or corrupted wallet files; mis-typed addresses or incorrectly constructed transactions; viruses, phishing, brute-force attacks, hacking, security breaches, mining attacks, or other means of cyber-security attack; custodial or buyer error; regulatory interference in one or more jurisdictions; token taxation; personal information disclosure; uninsured losses; and other unanticipated risks. 

7.5.    In addition to the above, neither we nor our officers, employees, agents and licensors will be liable for any loss whatsoever related to damage or corruption to the Referenced Content, failure of the Hublot Classic Fusion Murakami NFT to reference the Referenced Content, or loss of, or other security or persistence issues related to, the Referenced Content. 

7.6.    You have sufficient understanding of NFTs, digital wallets and other storage mechanisms, cryptocurrencies, blockchain technology, and the use, characteristics, functionality, programming, and/or other material characteristics of all of the foregoing, to fully understand and agree to these Terms and the disclaimers and risks outlined herein, or have consulted with professional advisors in relation to the foregoing such that any participation by you in the Request of or acquisition of any Hublot Classic Fusion Murakami NFT constitutes an informed acceptance of such disclaimers and risks. 

7.7.    Hublot is not responsible for losses due to blockchains or any other features of the Ethereum network or your Ethereum wallet, including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the Ethereum network, including forks, technical node issues, or any other issues having fund losses as a result. You acknowledge and agree that such technologies are novel, experimental and speculative and that therefore there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing laws thereto.

7.8.    We have no control over any third party marketplaces, websites or applications which you will need for the use, purchase, sale of your Hublot Classic Fusion Murakami NFT and its associated Artwork (the “Third Party Sites”). You acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the Third Party Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any Third Party Sites. Please read the general terms applicable to such Third Party Sites as you will be required to comply with such terms.

7.9.    IN ANY CASE, NEITHER OUR LIABILITY NOR THE LIABILITY OF OUR OFFICERS, EMPLOYEES, AGENTS AND LICENSORS TO YOU UNDER THIS CONTRACT FOR ANY CLAIM RELATING TO A HUBLOT CLASSIC FUSION MURAKAMI NFT AND/OR REFERENCE CONTENT WILL EXCEED THE AMOUNT OF ONE THOUSAND SWISS FRANCS (CHF 1’000.-), EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR FRAUD, OR IN THE CASE OF DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENT ACTS OR OMISSIONS.

8.    YOUR REPRESENTATIONS AND WARRANTIES

8.1.    You acknowledge, represent and warrant:

8.1.1.    being 18 years old or older;

8.1.2.    your performance under this Contract has not and will not violate any applicable law, regulation or code in any jurisdiction;

8.1.3.    in case of a Request:

8.1.3.1.    being the lawful Eligible Watch Owner, in possession of said Watch at the time of the Request;

8.1.3.2.    your Request will not cause us, or anyone else to violate any applicable law, regulation or code in any jurisdiction, including but not limited to sanctions, anti-money laundering, anti-terrorism, or anti-bribery or anti-corruptions laws. 

8.2.    You shall indemnify and hold us, HUBLOT SA, and our respective officers, employees, agents and licensors harmless against any and all claims, causes of action, liabilities, damages, losses, and expenses (including but not limited to reasonable attorneys’ fees), arising out of or in connection with any inaccuracy, incompleteness or breach of any of your representations or warranties or breach of your obligations under this Contract to the fullest extent permitted by law.