These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms of Use” or “Terms of Service”) shall govern the relationship between OTOCO WY LLC – Art Attainment – Series 220, a State of Wyoming based limited liability company, doing business as Delft Blue Night Watch, and having its registered office at 30 N Gould St Ste R, Sheridan 82801 Wyoming (hereinafter referred to the “Company” or “Delft Blue Night Watch” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user(s)” or “customer(s)”) and shall also govern your use of www.delftbluenightwatch.com/ (hereinafter individually as well as collectively, referred to as the “Website” or “Site”).
Please read these Terms carefully, as these, along with our Refund Policy, Privacy Policy statement and Cookie Policy forms the entire agreement between you and Delft Blue Night Watch. If you do not accept these Terms in its entirety, then you may not use the site or purchase the NFT listed on our site or avail our any of our services.
Additionally, whenever you make a purchase on our Website, the same is governed by our Refund Policy, and how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement and Cookie Policy. These Terms & Conditions shall be read in conjunction with our Refund Policy, Privacy Policy statement and Cookie Policy.
ACCEPTANCE OF THE TERMS & CONDITIONS
By accessing or using or registering or purchasing NFTs on our Website in any way or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.
You are of sound mind and at least of such minimum legal age as per the jurisdiction in which you reside, in order to form a binding contract with us. In case you are not of the age of majority as per the laws of the State that you reside in, then you must have the permission of your lawful guardian to use and access or make purchases on the Website.
We must not have previously disabled your account for violation of law or any of our policies.
Your use of our Site and purchasing the NFTs listed on our Site will not violate any applicable law of the jurisdiction of which you are the resident.
You have read, understood and consented to our Refund Policy as well as our Privacy Policy statement and Cookie Policy.
ACCOUNTS, PASSWORDS AND SECURITY
Account: To access various parts of the Website, and to avail various services, you might be required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
Social Media Signup: You also have an option of signing up using social media accounts, such as Google and Facebook. In case, you choose to sign up using any of the social media account, you will be re-directed to the website of such social media account, and therefore, in addition to these Terms and our Privacy Policy, you will also be subject to the terms and privacy policy of such social media website. We are not liable for any loss causes to you due to any action of such third-party websites.
Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate account, in that case, we may terminate your account, and refuse current or future use of any or all of the services.
USE OF THE SITE
Allowed uses:
Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site.
Information: Whenever prompted, you must provide us with the correct, accurate and updated information.
Material: For the purposes of these Terms, “material” shall mean any NFT, artwork, text, video, graphics, animation, effect, sound material, published on the Website, whether a copyright of Delft Blue Night Watch, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website. You must not reproduce any part of the Website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so. However, whenever you purchase a license of an NFT from us, you shall have the right to download the same and use it for your personal non-commercial purposes.
Restricted uses:
You can’t provide inaccurate information or forge a fake identity.
You cannot use our Site or NFTs or artworks appearing on the Site for the purpose of resale;
You must not misuse or interfere with the Services or Website or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us.
You must not (unless authorized by a license purchased):
republish material from this Website;
sell, rent or sub-license material from the Website;
show any material from the Website in public without our consent;
edit or otherwise modify any material on the Website (other than editing your own information as per the method provided);
reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; or
redistribute material from the Website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;
We reserve the right to restrict your access to any areas of our Website, or indeed our whole Website, at our discretion.
You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, without our express written consent.
In case of your violation or non-compliance of any of the terms mentioned in this Terms & Conditions, we reserve the right to suspend or terminate your account or your access to the Website or our services, at our sole discretion.
OWNERSHIP RIGHTS AND LICENSE
Delft Blue Night Watch’s Rights: This Website, NFTs, artwork, logos, content, designs, animations, trademarks, trade dress, trade name, all of our services, shall remain the sole property of the Delft Blue Night Watch, and/or its licensors, as the case may be. Your use of or access to this Website or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website, NFT, artwork, services, any content, animations, designs, published by us or our licensors or third parties. This Website and the Content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Website are the exclusive property of, or are licensed to the Delft Blue Night Watch and are protected. No use of a trademark, trade dress, trade name, NFT, artwork, or design appearing on this Website may be made without the prior written permission of the Delft Blue Night Watch or without a prior valid license.
License: Whenever you purchase a license of a particular NFT listed on our Site, in that case, from the date of such purchase of license, we grant you, subject to the terms and conditions mentioned this Agreement, a limited, non-sublicensable (meaning you cannot further sub-license the same), non-transferable (meaning you cannot sell it or transfer it to others), a non-exclusive (meaning that we can grant similar license to others), worldwide (meaning that you can use it in any part of the world), and perpetual (meaning that you can use it forever) license in respect of such NFT only, to use it for your personal and non-commercial use, in any and all media and formats. A couple of examples of what you can do with this license includes printing it and displaying it in your home for family and friends, or to use in profile picture for social media or in the metaverse.
Obligation: You must not use the NFT or artwork in connection with anything immoral, insensitive, derogatory, obscene, illegal, or in any manner that could spark a public debate or hurt religious sentiments or that which could in any way adversely affect the goodwill or reputation of the NFT or artwork or artist or Delft Blue Night Watch or contravenes Section 5 (Restrictions).
Termination of License: If you breach any of the terms hereinafter stated (including Section 5), then we reserve the right to terminate your license with an immediate effect. We also reserve the right to delete and remove the NFT, either wholly or partially used, in any commercial project, or in any manner that negatively impacts the goodwill of the NFT or artwork or artist or Delft Blue Night Watch.
Commercial License: If you want a commercial license in respect of any of the NFTs listed on our platform, you can raise a ticket for the same, and we will discuss the options and pricing on a case-by-case basis.
RESTRICTIONS
Restrictions on the Use
No Selling: You cannot use the NFT for a commercial purpose or for selling or transferring the same. For example, you cannot create a merchandise and offer it for sale, and you cannot make the NFT or its artwork available for viewing by a large audience or any paid audience (such as in a museum, or a gallery). You also cannot allow other people to copy or photograph the NFT. The above are just a few examples of restrictions, and the same is not an exhaustive list.
Hateful or offending use: You shall not use the NFT or Artwork in a way that could be considered immoral, hateful or derogatory of or by any race, nationality, ethnic identity, gender, gender identity or sexual orientation, or political or religious belief, without obtaining prior written approval from us in this regard.
Violation of Applicable Law: You shall not use the NFT or Artwork in or in relation to any immoral, pornographic, defamatory or other unlawful manner, or in violation of any applicable statute, rule, regulations, government order, or court order.
Inappropriate Content: You shall not use the NFT or Artwork in any way that might be considered libellous, obscene, drug or alcohol abuse, tobacco use, excessively violent, content deemed appropriate for mature audiences only, immoral or illegal.
False inferences: You shall not use the NFT or Artwork in any manner that creates a false inference or places the NFT or Artwork or its artist or Delft Blue Night Watch, in a context that is likely to result in bringing such artist or Delft Blue Night Watch into public disrespect, scandal, or ridicule.
PRIVACY
In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our Website.
LINKS TO THIRD-PARTY SITES
The Website might contain links to third-party websites, products and services. For example, the Website works with third party payment service providers to provide you the most convenient payment options. Such third-party links are not under the control of Delft Blue Night Watch, and Delft Blue Night Watch is not responsible for any third-party links. Delft Blue Night Watch provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such third-party website, and you get out of the jurisdiction of our Website. Therefore, you shall be governed by the terms & conditions, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links, Delft Blue Night Watch shall not be responsible.
ORDERS, PAYMENTS AND TAXES
All orders are subject to acceptance and you agree to pay for the products and services that you purchase on our Website, and you authorize us or our third party payment service providers to charge your debit or credit card or process other means of payment for those payment. You shall be responsible to borne all the applicable taxes and duties (wherever applicable) We reserve the right to modify the prices of our products, services or discontinue any of the services, at any time at our sole discretion, without any prior notice.
REFUNDS
We accept the refund requests in limited circumstances. To understand this, please refer to our detailed Refund Policy available on our Website in order to understand when and how we process the refunds.
DISCLAIMER
The site and all its services are provided on an “as-is” and “as available” basis, and Delft Blue Night Watch (and our licensors, employees and affiliates) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. To the extent that you purchase any NFT listed on the Site, please be aware that these maybe licensed to us by third-party independent Artists, and therefore we disclaim all warranties of non-infringement from such use. Similarly, please be aware that the prices of NFTs are extremely volatile and fluctuations in the prices of other NFTs impact the price of such NFT, both positively as well as negatively. Moreover, NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your NFT; and similarly, some jurisdictions may also place partial or complete ban of the use and trading of NFTs, in which case you can also lose the access to the NFT and this might even cause you a financial loss – you assume all regulatory and market risks in that connection. In no event shall Delft Blue Night Watch or its owners or directors or licensors be liable to compensate you in any of the above mentioned circumstances.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall Delft Blue Night Watch (or our licensors or affiliates) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products or NFTs, loss of access to NFTs due to regulatory change or loss derived from the fall in value of NFTs for whatever reason cause, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use or purchase from, the site, even if Delft Blue Night Watch has been advised of the possibility of such damages. Access to, and use of, the Site and NFTs is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system or business, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to amount of your order in question. The existence of more than one claim will not enlarge this limit. You agree that our service providers, licensors, or affiliates will have no liability of any kind arising from or relating to these Terms.
INDEMNITY
You acknowledge to defend, indemnify and hold Delft Blue Night Watch, its owners, affiliates, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
Your violation of ours or any third-party right, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights;
Your wrongful or improper use of our NFTs, products, services, Site;
Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;
Your violation of these Terms or any other policy of Delft Blue Night Watch as associated with our services;
The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our NFTs and services.
COPYRIGHT INFRINGEMENT
Please notify us if you believe any of your intellectual property rights have been infringed on our Website. Please file your copyright infringement claim with our Copyright Agent, namely S. Tuininga, at [email protected] for such complaints and claims.
You are required to follow the below procedure to file a claim:
Identify in writing the copyrighted material that you claim has been infringed upon;
Identify in writing the copyrighted material that has infringed upon your copyright;
Provide your current and up-to-date contact information, including your address, telephone number, and e-mail address;
Provide your physical and/or electronic signature;
Send us a written communication to [email protected];
You may be subject to liability if you knowingly make any misrepresentations on a take-down notice or claim.
GOVERNING LAW AND DISPUTE RESOLUTION
Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of State of Wyoming (USA).
Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts/forum/tribunal situated in Sheridan, Wyoming.
Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY. YOU AND DELFT BLUE NIGHT WATCH ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR IN RELATION TO THESE TERMS BETWEEN YOU AND DELFT BLUE NIGHT WATCH, SHALL BE RESOLVED BY A JUDGE.
Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ADJUDICATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USERS.
NOTICES
When you use the Website or send emails to Delft Blue Night Watch, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. Delft Blue Night Watch will communicate with you by email or phone or WhatsApp or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address or phone number or SMS or WhatsApp as available with us. If You want to give a notice to us, you can do so by dropping an electronic mail to [email protected].
MISCELLANEOUS
Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Delft Blue Night Watch and you or any other party be deemed to modify any provision of these Terms.
Survival: Notwithstanding any other provisions of these Terms & Conditions, or any general legal principles to the contrary, any provision of these Terms & Conditions that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms & Conditions, for any reason whatsoever.
No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms & Conditions, there shall be no third-party beneficiaries to these Terms & Conditions.
No Assignment: You may not assign these Terms & Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Delft Blue Night Watch, which may be withheld at Delft Blue Night Watch’s sole discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void.
Entire Agreement: The Terms, Refund Policy, our Privacy Policy as well as our Cookie Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Delft Blue Night Watch and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website.
Force Majeure: Delft Blue Night Watch and its third party delivery service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.
GRIEVANCE OFFICER/DESIGNATED REPRESENTATIVE
In the event you have any grievance regarding anything related to these Terms or Refund Policy or Privacy Policy or Cookie Policy, or with any content or service or product of Delft Blue Night Watch, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at:
Name: S. Tuininga
Email: [email protected]
Postal: 30 N Gould St Ste R, Sheridan 82801 Wyoming
FEEDBACK AND INFORMATION
We welcome your questions or comments regarding the Terms. You can write to us via email [email protected].
Last updated on 6th of August 2022
