SAMSUNG NFT PROJECT TERMS & CONDITIONS

• 1. Introduction and Service

  This website is provided by Samsung Electronics GmbH, Am Kronberger Hang 6, 65824 Schwalbach / Ts., Germany ("Samsung" or "us" or "we"). By using the service offered on this website you can create a functional non-fungible token which is running on a blockchain ("NFT") for a digital artwork or digital collectible ("Art"). The process of creating such NFT through this website is hereinafter referred to as "Minting". The NFT created is hereinafter referred to as "SAMSUNG NFT". Your use of this website, the Minting, and/or your use of the SAMSUNG NFT (including a subsequent purchase or sale of the SAMSUNG NFT) are subject to the following terms and conditions ("these T&Cs").

• 2. Website as interface

  This website is not stored on the blockchain but acts as an interface for you to process the Minting of a SAMSUNG NFT and interact with the related blockchain. Furthermore, this interface can be used to store protocols that trigger certain automated actions according to certain invariable rules when certain events occur ("Smart Contracts").

• 3. Minting

  • 3.1 Wallet

    You as the person executing the Minting can process the transaction through this website by connecting your crypto wallet and performing and confirming the actions indicated in your wallet. We are not responsible for the validation and confirmation of any action or Smart Contract you execute through your own wallet which you conduct at your own judgment and under your own control.

  • 3.2 Disclaimer and Risks

    Samsung does not take any liability if transactions relating to the SAMSUNG NFT conducted by you through your wallet fail, except where we have culpably caused such failure. We have no control over the underlying infrastructure and the performance and functionality of the applicable blockchain and we cannot undo, reverse, or restore any transaction. Nothing on this website qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities, or other financial products.

• 4. Rights pertaining to a SAMSUNG NFT and to the Art

  • 4.1 Ownership of the SAMSUNG NFT

    With your Minting or secondary purchase of a SAMSUNG NFT, you trigger an entry on the relevant blockchain, which links to the underlying Art. Your rights pertaining to the SAMSUNG NFT are governed by the respective blockchain and the corresponding Smart Contract.

  • 4.2 License

    Subject to your full compliance with these T&Cs, we grant you the worldwide, royalty-free, not sub-licensable, non-exclusive right to use the SAMSUNG NFT strictly in accordance with, and for the purposes stated in, these T&Cs. This License includes using the SAMSUNG NFT when displaying the Art on a marketplace, social media, or website for your personal use, provided that such marketplace, social media, or website cryptographically verifies that you are the owner of the underlying SAMSUNG NFT. The rights granted to you in the SAMSUNG NFT are non-transferrable unless you transfer and assign the SAMSUNG NFT together with the underlying Art to a secondary owner. Except for the sale of the SAMSUNG NFT (together with the underlying Art), you have no right to monetize the SAMSUNG NFT in any commercial way.

  • 4.3 Future transfers of SAMSUNG NFT

    You acknowledge that your SAMSUNG NFT exists only by virtue of the ownership record maintained on the applicable blockchain. Any transfer of SAMSUNG NFTs occurs within the relevant blockchain and not on our website. A secondary sales royalty may apply as indicated on the relevant platform you may use for the sale or purchase of the SAMSUNG NFT on the secondary market. You understand that the License is only granted to the actual authorized licensee of the SAMSUNG NFT and the previous licensee(s) will lose all rights in and to the SAMSUNG NFT with its transfer.

  • 4.4 Termination of the License

    If you materially breach any of the provisions of these T&Cs, we may terminate some or all of the rights granted to you herein. Upon the termination of your License, you shall cease all use of the rights granted in this Section 4.

  • 4.5 No license to use Samsung's trademarks

    For clarity, the Minting or secondary acquisition of a SAMSUNG NFT does not grant you any right to use any of our logos, trademarks such as "Samsung," or any other of our intellectual property rights. You may, however, refer to us as the source of the SAMSUNG NFT.

  • 4.6 Additional Features

    We may choose to make additional features, such as access, content, items, or other benefits available to owners of SAMSUNG NFTs ("Additional Features"). However, we have no duty or obligation to provide you with any such Additional Features. Additional Features may be subject to additional terms and conditions, which may be presented to you at the time they are made available.

• 5. Eligibility and compliance

  You represent that your use of this website and the Minting of SAMSUNG NFT complies with all laws and regulations applicable to such use and Minting in your jurisdiction.

• 6. Feedback

  You may choose to submit comments, bug reports, ideas, or other feedback about these T&Cs, a SAMSUNG NFT, or this website to us (collectively "Feedback"). By sending us your Feedback, you agree that we may use such Feedback in any way we see fit without additional compensation. You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license to incorporate and use the Feedback for any purpose.

• 7. Limitation of Liability

  Our statutory liability for damages incurred in connection with your use of the website, the Minting service, or the SAMSUNG NFT and arising from an intentional or grossly negligent breach of duty by Samsung shall not be limited. The same shall apply to our statutory liability for injury to life, body, or health; under the Product Liability Act (if applicable) or with respect to assumed guarantees.

  Except as provided otherwise in these T&Cs, we shall not be liable for damages, whether as a result of Samsung’s breach or failure or otherwise, and whether arising in contract, tort, or otherwise, in case of simple negligence committed by Samsung or its legal representatives (gesetzliche Vertreter) or a person performing obligations on behalf of Samsung (Erfüllungsgehilfe).

  Our liability for damages that arise out of a breach by simple negligence of obligations that are essential for our service and upon which you relied when using the servic

• 8. Disclaimers

  We do not represent or warrant that access to the front-end interface of our website will be continuous, uninterrupted, timely, or secure; that the information contained on the website will be accurate, reliable, complete, or current; or that this website and the software behind it will be free from errors, defects, viruses, or other harmful elements.

  If you elect to mint a SAMSUNG NFT through this website or sell and/or purchase on the secondary market, any financial transactions that you engage in will be conducted solely through the applicable blockchain. We will have no insight into or control over any payments or transactions and will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the applicable blockchain.

• 9. Applicable law

  German law (excluding its conflict of law provisions and the UNCISG) applies to these T&Cs and the relationship between you and us and any subsequent owner of the SAMSUNG NFT and/or the respective Art.

• 10. Jurisdiction

  Should we ever have any dispute with you arising out of or in connection with these T&Cs, including without limitation your access or use of this website, or relating to any SAMSUNG NFTs, such disputes shall be exclusively referred to the courts competent for Frankfurt / Main, Germany.

• 11. Immediate execution of Minting service

  By minting a SAMSUNG NFT through this website, you agree that the minting of the SAMSUNG NFT shall be immediately executed. Statutory revocation rights (if any) shall not apply.

• 12. Transfer/ Assignment

  We are entitled to freely assign the contractual relationship we have with you under these T&Cs (or any pertaining rights or obligations) to a third party without your consent.

• 13. Severability

  Should any provision of these T&Cs be invalid, unenforceable, or otherwise void, this shall have no effect on the remainder of these T&Cs. The invalid, unenforceable, or otherwise void provision shall be deemed replaced by a valid and enforceable provision coming as close as legally possible to the invalid, unenforceable, or void provision.