Updated Digital Assets Terms

Right of Withdrawal for Digital Assets

No Right of Withdrawal: As the purchase of Midnight Breeze NFTs constitutes a digital service or personalized good, the right of withdrawal does not apply in the following cases:

Immediate Performance: You provide express consent for the immediate delivery of the NFT and acknowledge that you lose the right of withdrawal once the NFT is transferred to your wallet.

Personalization: Midnight Breeze NFTs are uniquely tied to blockchain technology and linked to your wallet address, making them personalized and exempt from withdrawal rights under EU law.

Consent and Acknowledgment: Before completing a purchase, you will be required to:

Provide Consent: Agree that the performance of the service (transfer of the NFT) begins immediately after the purchase.

Acknowledge the Consequence: Confirm that you understand the loss of the right of withdrawal upon the commencement of performance.

Auction Purchases: NFTs purchased via auction are exempt from the right of withdrawal under EU law.

Explanation of Compliance

Digital Content: NFTs are classified as digital goods. By obtaining the user's explicit consent and acknowledgment, the Article 16(m) exemption applies.

Personalization: Each NFT is tied to a unique blockchain address, satisfying Article 16(c).

Auctions: Purchases via auction are excluded from withdrawal rights under Article 16(i).

By explicitly obtaining user consent and clarifying the consequences before finalizing the purchase, you can legally exempt NFTs from the 14-day right of withdrawal, thereby protecting the project while remaining compliant with EU law.

TERMS & CONDITIONS

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Dutchtide Studios B.V. (“Company”, “we”, “us”) makes its website and associated software, media channels, and applications (collectively, the “Website”) available to you in accordance with the following terms and conditions (the “Terms”).

Please read these Terms carefully. By using the Website, you agree to be legally bound by these Terms.

In addition to any applicable license agreements on our Website, these Terms also govern your purchase and use of the digital and physical products provided through or in connection with the Website.

General Terms and Conditions

From time to time, we may offer for sale non-fungible tokens (“Company NFTs”), other digital assets (“Digital Assets”), and/or physical products (collectively, "Company Products") through the Website.

The Website is intended for users at least 18 years old. Persons under 18 are not permitted to use the Website.

By purchasing or receiving Company Products, you agree to comply with these Terms and any specific terms associated with the respective Company Products.

Payments made through third-party processors are subject to the separate terms of those processors. We do not control these transactions and cannot reverse them. We are not liable for any claims or damages arising from such payments.

Auctions

We may offer Company Products via Auction. You agree to abide by all auction rules. Unless stated otherwise, we will take custody of auction funds and refund non-winning bids as soon as reasonably practicable. Winning bidders may redeem their products within a reasonable timeframe.

Intellectual Property

Our Website and its contents—including source code, designs, audio, video, text, graphics, and trademarks (“Content” and “Marks”)—are owned by us or licensed to us, protected by applicable copyright and trademark laws.

Content and Marks are provided “AS IS” for personal use only. You may not copy, reproduce, distribute, or otherwise exploit Content or Marks for commercial purposes without our express written permission.

Digital Assets

Secondary Transactions

Company NFTs may be sold or traded on third-party marketplaces. These transactions are governed by those marketplaces’ terms. We are not liable for any issues arising from such transactions.

Taxes

You are responsible for any taxes associated with your NFTs, including purchase, sale, ownership, and transfer.

Blockchain Support

We currently recognize Company NFTs only on supported blockchain protocols. If a blockchain fork occurs, we may choose whether to support NFTs on a given branch. We assume no liability regarding unsupported branches or blockchain protocols.

Right of Withdrawal for Digital Assets (EU Law)

In accordance with EU Consumer Rights Directive (2011/83/EU):

By purchasing a Midnight Breeze NFT, you acknowledge and agree to the following:

You explicitly consent to the immediate performance of the contract—transfer of the NFT to your wallet—and acknowledge that this means you lose your right of withdrawal under EU law.

Midnight Breeze NFTs are personalized digital content tied to your blockchain wallet. They are therefore exempt from the right of withdrawal under Article 16(c) of the Directive.

If you purchase a Company NFT via Auction, the right of withdrawal does not apply (Article 16(i)).

Before completing your purchase, you will be asked to explicitly confirm:

"I consent to immediate delivery of the NFT and acknowledge that I will lose my right of withdrawal once delivery begins."

Blockchain transactions are final and irreversible. NFTs cannot be returned or refunded once transferred.

NFT Burn Mechanism

If you hold a v1 Midnight Breeze NFT, you may be eligible to burn the NFT in exchange for a new NFT:

Burning is permanent and irreversible. The original NFT will be destroyed.

A new NFT will be issued to your wallet upon completion of the burn process.

Full terms and eligibility for burning will be provided on the Website.

Physical Products

From time to time, we may offer physical products for sale or free distribution.

Terms for such products will be defined at our discretion. By participating, you agree to those terms.

We provide no warranties regarding physical products unless otherwise expressly stated.

If a product is defective, we may offer remedies at our sole discretion on a case-by-case basis.

Certain physical products may include embedded technology (e.g. chips for authentication). We make no guarantees regarding such technology and may not be able to replace defective components.

We are not liable for delivery failures or delays caused by circumstances beyond our control, such as strikes, technical failures, natural disasters, or accidents.

Representations and Warranties

By using the Website, you represent and warrant that:

You have legal capacity and agree to comply with these Terms.

You are not a minor.

You will not access the Website via bots or non-human means.

You will not use the Website for illegal purposes.

You are not a national or resident of any country or region subject to EU or Dutch sanctions.

Your use of the Website complies with applicable laws.

Covenants and Restrictions

You may not:

Interfere with or disrupt the Website or its security.

Violate applicable laws.

Attempt to bypass access controls.

Use Company Products for unauthorized commercial purposes.

Reverse engineer Website software.

Promote illegal activities or launder money using Company Products.

Use Company Products in connection with regulated financial activities without proper authorization.

We may refuse transactions involving persons or entities prohibited by EU and Dutch export controls or sanctions laws.

Privacy

We process your personal data in compliance with the General Data Protection Regulation (GDPR).

We may collect:

Name

Email

Shipping address

Cryptocurrency wallet address

Payment-related information (via third-party processors)

We may share personal data with trusted third-party service providers, such as payment processors and hosting providers.

We do not sell your personal data.

We implement appropriate technical and organizational safeguards. However, no system is 100% secure. You accept the inherent risks of transmitting data online.

You may exercise your GDPR rights by contacting us at [insert contact email address].

Assumption of Risk, Disclaimers, and Limitation of Liability

The Website and Company Products are provided “AS IS” and “AS AVAILABLE”, without warranties of any kind.

We do not warrant that the Website will be uninterrupted or error-free, or that defects will be corrected.

You acknowledge the risks associated with blockchain-based assets, including:

Volatility of price and liquidity.

Risk of wallet errors or loss of private keys.

Risk of hacking, fraud, and cyberattacks.

Changes in blockchain protocols or regulations.

Finality of blockchain transactions.

We are not responsible for:

Loss of value of NFTs.

Inaccessibility of metadata.

Issues related to secondary marketplaces.

To the extent permitted by applicable law, we disclaim all liability except where liability cannot be excluded.

In no event will our liability exceed the amount paid for the relevant product or service.

Indemnification

You agree to indemnify, defend, and hold harmless Dutchtide Studios B.V. and its affiliates from all third-party claims arising from:

Your use of the Website or Company Products.

Your breach of these Terms.

Your violation of any third party’s rights.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the Netherlands.

Any disputes arising under these Terms will be resolved exclusively by the competent courts of Amsterdam, the Netherlands, unless otherwise required by mandatory consumer protection laws.

Nothing in this section limits your rights as a consumer under applicable EU law.

Miscellaneous

These Terms constitute the entire agreement between you and us regarding the Website and Company Products.

You may not assign your rights or obligations under these Terms without our written consent.

If any provision of these Terms is held invalid, the remaining provisions remain in full force and effect.

Contact Information

For any questions regarding these Terms, please contact:

[insert contact email address]

End of Terms & Conditions