fbpx

Terms and Conditions of WireX NFTs

Share this post
Share on facebook
Share on twitter
Share on linkedin
Share on pinterest
Share on telegram
Share on whatsapp
Share on reddit
  • For the purpose of these Terms, Wirex NFTs refers to certain unique non-fungible digital tokens, implemented or created on the Ethereum blockchain network complying with the ERC-721 standard, ERC-1155 standard or other similar “non-fungible” token standard recorded on the Ethereum blockchain network using smart contracts, and which is irrevocably associated with a unique Uniform Resource Identifier JSON file containing metadata such as the name, description or image file stored on IPFS or such other storage network (the intellectual property rights in such URI JSON file, name, description or image file being the Terra Virtua Intellectual Property), containing a licence to use said Terra Virtua Intellectual Property on the terms and conditions herein.
  • As a valued customer of Wirex Limited (CRN 09334596), whose registered office is 9th Floor, 107 Cheapside, London,  EC2V 6DN, United Kingdom (Wirex), whose business website is available at https://wirexapp.com/en-gb, you shall be entitled to receive certain Wirex NFTs. By obtaining a redemption code and following the redemption and registration procedures, you will be able to obtain said Wirex NFTs.
  • Terra Virtua Limited (CRN 11211373), whose registered office is at Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX (TV) is solely providing the Terra Virtua platform through which Wirex NFTs may be created and distributed to you. Given that each Wirex NFT has been created and distributed to you on behalf of Wirex, TV is only an agent and not a party to said distribution contract, and shall in no circumstances be deemed to the seller or distributor of Wirex NFTs under any laws; TV cannot provide any guarantee, warranty or assurance regarding the Wirex NFT.
  • The separate platform Terms and Conditions at https://blog.terravirtua.io (the Platform T&Cs) shall apply to the extent that you use any of the services available on the Terra Virtua platform, which are deemed incorporated into these Terms by reference. In the event of conflict between these Terms and the Platform T&Cs, these Terms shall prevail.
  • You may only acquire Wirex NFTs by linking your digital wallets on supported bridge extensions or digital wallet services such as MetaMask, which allows you to acquire, store, and engage in transactions relating to digital assets on the Ethereum network.
  • You acknowledge and agree that unless otherwise indicated in writing by us, TV owns all legal right, title and interest in and to all other elements of the Terra Virtua Intellectual Property. You acknowledge that the Terra Virtua Intellectual Property is protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws, and such Terra Virtua Intellectual Property is proprietary to TV. Except as expressly set forth herein, your acquisition of the Wirex NFT does not grant you ownership of any Terra Virtua Intellectual Property or any other rights with respect to any Terra Virtua Intellectual Property. 
  • You are hereby granted a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free, license solely to publicly display said Terra Virtua Intellectual Property. TV hereby reserves all rights in and to the Terra Virtua Intellectual Property that are not expressly granted to you hereinunder. In particular, you do not have any right to:
  • sell, resell or use commercially the Terra Virtua Intellectual Property or any portion thereof;
  • copy, modify, reproduce, or otherwise make any derivative work or intellectual property in respect of the Terra Virtua Intellectual Property, or any portion thereof; or
  • use any data mining, robots or similar data gathering or extraction methods in respect of the Terra Virtua Intellectual Property.

The licence granted by TV hereunder to the Terra Virtua Intellectual Property shall be revocable at will.

  • You acknowledge that there are numerous risk involved with acquiring or holding Wirex NFTs. BY ACQUIRING OR HOLDING WIREX NFTS, YOU ACKNOWLEDGE AND ACCEPT THE FOLLOWING RISKS: 
  • The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the Wirex NFTs, which may also be subject to significant price volatility. We cannot guarantee that any holders of Wirex NFTs will not lose money.
  • You are solely responsible for determining what, if any, taxes apply to your transactions relating to Wirex NFTs. TV cannot be responsible for determining the taxes that apply to such transactions.
  • TV does not store, send, or receive Wirex NFTs. This is because Wirex NFTs exist only by virtue of the ownership record maintained on the Ethereum blockchain network. Any creation or transfer of title that might occur in any Wirex NFT occurs on the Ethereum blockchain network, and TV is not party to such transfer of title. TV cannot guarantee that it, or any party can effect the transfer of such title or right any Wirex NFTs.
  • There are risks associated with interactions with digital assets, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorised access to information stored within your wallet. You accept and acknowledge that TV will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Wirex NFTs, however caused.
  • There may be various vulnerabilities, failures or abnormal behavior of software or Wirex NFTs (e.g., wallet, smart contract), or relating to the Ethereum blockchain network, and TV cannot be responsible for any losses in connection with the same, including without limitation any losses in connection with (i) user error, such as forgotten passwords or incorrectly construed smart contracts or other transactions, (ii) server failure or data loss, (iii) corrupted wallet files, or (iv) unauthorised access or activities by third parties, including but not limited to the use of viruses, phishing, brute-forcing or other means of attack against the site, the Ethereum blockchain network, or your digital wallet.
  • A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of Wirex NFTs.
  • The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the utility or value of Wirex NFTs.
  • The Terra Virtua Intellectual Property underlying the NFTs may be mislabelled, vulnerable to metadata decay, or contain bugs. The licence granted by TV hereunder to the Terra Virtua Intellectual Property shall be revocable at will and under no circumstances shall the inability to view or publicly display the Terra Virtua Intellectual Property serve as grounds for a claim against TV.
  • THE WIREX NFT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AT YOUR SOLE RISK WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TV MAKES NO WARRANTY THAT: (A) WIREX NFTS OR THE TERRA VIRTUA INTELLECTUAL PROPERTY WILL MEET YOUR REQUIREMENTS; (B) WIREX NFTS OR THE TERRA VIRTUA INTELLECTUAL PROPERTY WILL BE MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE, WILL NOT INFRINGE ON THE RIGHTS OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (C) WIREX NFTS OR THE TERRA VIRTUA INTELLECTUAL PROPERTY WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (D) WIREX NFTS OR THE TERRA VIRTUA INTELLECTUAL PROPERTY WILL BE ACCURATE, RELIABLE, CORRECT, COMPLETE, LEGAL, OR SAFE; OR (E) THE WIREX NFTS OR THE TERRA VIRTUA INTELLECTUAL PROPERTY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT TV DOES NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILFUL DEFAULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  • TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TV BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, WIREX NFTS, TERRA VIRTUA INTELLECTUAL PROPERTY OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DIGITAL ASSETS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ACQUISITION AND USAGE OF WIREX NFTS ARE ENTIRELY AT YOUR OWN DISCRETION AND RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF TV ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, OR WIREX NFTS EXCEED £50. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
  • To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless TV, and its 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 (individually and collectively, the Indemnified Parties), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, 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 known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise, including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of Wirex NFTs or Terra Virtua Intellectual Property, (b) any feedback you provide, (c) your violation of these Terms, or (d) your violation of the rights of a third party.
  • These Terms, as well as your holding and acquisition of Wirex NFTs shall be governed by and construed and enforced in accordance with the laws of England and Wales, without regard to conflict of law rules or principles of any jurisdiction that would cause the application of the laws of any other jurisdiction that would cause the application of the laws of any other jurisdiction.
  • You agree that any dispute or claim relating in any way to your access or use of Wirex NFTs or Terra Virtua Intellectual Property, or to any aspect of your relationship with TV, will be resolved by binding arbitration, rather than in court, except that TV may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). Any dispute dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London. The language to be used in the arbitral proceedings shall be English. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

You may also like...