Legal Overview

Digital C0llectable Terms

These Digital C0llectible Terms (“Terms”) set f0rth the terms and c0nditi0ns applicable t0 certain Digital C0llectibles (as defined bel0w) made available thr0ugh the website 0perated by BARC0DE P0PULATI0N LLP (“BARC0DE P0PULATI0N”) 0r any platf0rm used t0 enable the purchase 0f pr0ducts 0r services via a 3rd Party marketplace f0r NFTs (c0mbined kn0wn as “Website”)
By acquiring any n0n-fungible bl0ckchain-based digital t0ken (“NFT”) ass0ciated with BARC0DE P0PULATI0N-0wned C0ntent (as defined bel0w) thr0ugh the Website 0r by subsequently acquiring any such NFT fr0m any previ0us 0wner 0f the NFT, y0u agree t0 be b0und by these Terms.

  1. 1. Each NFT made available by BARC0DE P0PULATI0N thr0ugh the Website is ass0ciated with certain digital w0rks 0f auth0rship 0r 0ther c0ntent, whether 0r n0t c0pyrighted 0r c0pyrightable, and regardless 0f the f0rmat in which any 0f the f0reg0ing is made available (“Related C0ntent”). Related C0ntent is separate fr0m the ass0ciated NFT and is n0t s0ld 0r 0therwise transferred t0 y0u but is instead Licenced t0 y0u as set f0rth in these Terms.
    A “Digital C0llectible” c0nsists 0f the applicable NFT 0riginally acquired thr0ugh the Website and the Licence rights granted pursuant t0 these Terms f0r the Related C0ntent.
  2. 2. These Terms apply 0nly when all Related C0ntent f0r a particular NFT is exclusively 0wned 0r c0ntr0lled by BARC0DE P0PULATI0N (“BARC0DE P0PULATI0N-0wned C0ntent”). The descripti0n 0n the Website 0f the applicable NFT 0r Digital C0llectible will include inf0rmati0n ab0ut whether the Related C0ntent f0r that particular NFT 0r Digital C0llectible is BARC0DE P0PULATI0N-0wned C0ntent. If any 0f the Related C0ntent f0r that NFT 0r Digital C0llectible is 0wned by a third party, different terms will apply.
  3. 3. Subject t0 y0ur c0mpliance with these Terms, f0r as l0ng as y0u 0wn the applicable NFT, BARC0DE P0PULATI0N grants y0u a limited, pers0nal, n0n-exclusive, n0n-sublicensable, w0rldwide Licence under any c0pyright 0wned by BARC0DE P0PULATI0N in any BARC0DE P0PULATI0N-0wned C0ntent t0:
    a. C0py and m0dify the BARC0DE P0PULATI0N-0wned C0ntent (as m0dified, “M0dified C0ntent”) f0r n0n-c0mmercial, pers0nal use; and
    b. Display and perf0rm the BARC0DE P0PULATI0N-0wned C0ntent and M0dified C0ntent f0r n0n-c0mmercial, pers0nal use.
  4. 4. Y0u are als0 eligible t0 0btain a Licence t0 use BARC0DE P0PULATI0N-0wned C0ntent f0r limited c0mmercial use (the “C0mmercial Use Licence”). In 0rder t0 0btain the C0mmercial Use Licence y0u must create an acc0unt with BARC0DE P0PULATI0N thr0ugh the Website and agree t0 the relevant terms and c0nditi0ns f0r the acc0unt and the C0mmercial Use Licence.
  5. 5. Secti0n 3 sets f0rth all 0f y0ur Licence rights hereunder with respect t0 any BARC0DE P0PULATI0N- 0wned C0ntent. There are n0 0ther Licence rights, whether express 0r implied, with respect t0 any 0f the BARC0DE P0PULATI0N-0wned C0ntent, M0dified C0ntent 0r any derivative w0rks there0f, and n0 Licence rights are granted under any patent, trademark, trade secret 0r 0ther intellectual pr0perty 0r pr0prietary right 0ther than any c0pyright 0wned 0r c0ntr0lled by BARC0DE P0PULATI0N.
    This is true even if exercise 0f any Licence rights granted herein w0uld be prevented, frustrated 0r impaired with0ut such a Licence. With0ut limiting the f0reg0ing, the Licences granted herein d0 n0t grant y0u the right t0, and y0u will n0t, and y0u will n0t auth0rize, permit 0r assist any third party t0:
    a. Exercise any 0f the Licence rights granted herein in any way that results in direct 0r indirect, c0mpensati0n, financial benefit 0r c0mmercial gain 0f any kind t0 y0u 0r any third party, whether currently realized 0r t0 be pr0vided in the future and regardless 0f the nature there0f (whether m0netary, c0nveyance 0f assets, in-kind pr0ducts 0r services 0r 0ther item 0r service 0f value);
    b. Grant any sub-licence 0f any Licence rights herein;
    c. Delete, rem0ve 0r 0bscure any trademark n0tice, c0pyright n0tice 0r 0ther intellectual pr0perty n0tice in any BARC0DE P0PULATI0N-0wned C0ntent;
    d. Exercise any Licence rights herein t0 create, end0rse, supp0rt, pr0m0te 0r c0nd0ne any c0ntent, material 0r speech that is defamat0ry, 0bscene, p0rn0graphic, indecent, abusive, 0ffensive, harassing, vi0lent, hateful, racist, discriminat0ry, inflammat0ry 0r 0therwise 0bjecti0nable 0r inappr0priate as determined by BARC0DE P0PULATI0N at its discreti0n;
    e. Reverse engineer, dec0mpile 0r attempt t0 disc0ver the s0urce c0de f0r any NFT 0r BARC0DE P0PULATI0N-0wned C0ntent except t0 the extent that applicable law permits y0u t0 d0 s0 n0twithstanding this pr0hibiti0n; 0r
    f. Use any BARC0DE P0PULATI0N-0wned C0ntent in any manner n0t expressly auth0rised herein 0r exercise any Licence rights herein in any manner that vi0lates applicable law.
  6. 6. BARC0DE P0PULATI0N retains all right, title and interest in the BARC0DE P0PULATI0N-0wned C0ntent and all c0pyright 0r 0ther intellectual pr0perty rights in any BARC0DE P0PULATI0N-0wned C0ntent. Except f0r the Licence rights expressly granted in Secti0n 3, ab0ve, y0u d0 n0t have and will n0t have any right, title 0r interest in 0r t0 any BARC0DE P0PULATI0N-0wned C0ntent.
    With0ut limiting the f0reg0ing, the BARC0DE P0PULATI0N- 0wned C0ntent may include trade names, brands, l0g0s, trademarks, names, likenesses, images 0r 0ther pers0nal characteristics 0f pers0ns 0r characters (“Embedded IP”).
    Y0ur use 0f such Embedded IP is limited t0 use in c0nnecti0n with the exercise 0f y0ur Licence rights under these Terms and subject t0 all limitati0ns set f0rth herein and any 0ther restricti0ns that BARC0DE P0PULATI0N may inf0rm y0u 0f in the future.
    Y0u may n0t use any such Embedded IP in c0nnecti0n with any business, pr0duct 0r service, 0r in any manner that may imply end0rsement 0f any business, message, pr0duct 0r service, 0r that is likely t0 cause c0nfusi0n 0r dilute, blur 0r tarnish such Embedded IP.
    All use 0f such Embedded IP, including any g00dwill generated by such use, will inure t0 the benefit 0f BARC0DE P0PULATI0N and its Affiliates. An “Affiliate” 0f BARC0DE P0PULATI0N is any entity that c0ntr0ls, is c0ntr0lled by 0r is under c0mm0n c0ntr0l with BARC0DE P0PULATI0N whether n0w 0r in the future, and where “c0ntr0l” means 0wnership 0f 50% 0r m0re 0f the shares 0r 0ther 0wnership interest if an entity 0r the ability t0 direct the management 0r p0licies 0f an entity.
  7. 7. Y0u will 0wn the c0pyright in any newly created w0rks 0f auth0rship created by y0u as part 0f any M0dified C0ntent, subject t0 BARC0DE P0PULATI0N’s 0wnership 0f the underlying BARC0DE P0PULATI0N-0wned C0ntent and any c0pyright 0r 0ther intellectual pr0perty right therein.
    T0 the extent that the M0dified C0ntent c0ntinues t0 inc0rp0rate 0r include any BARC0DE P0PULATI0N-0wned C0ntent 0r is 0therwise a derivative w0rk 0f any BARC0DE P0PULATI0N-0wned C0ntent, y0u will n0t use the M0dified C0ntent 0ther than as expressly auth0rised in these Terms. 0ther than y0ur c0pyright as described in the preceding sentence, y0u will n0t have, and y0u will n0t assert 0r seek t0 register 0r 0btain, any trademark 0r 0ther intellectual 0r pr0prietary right in any BARC0DE P0PULATI0N-0wned C0ntent 0r M0dified C0ntent.
  8. 8. Y0u understand that BARC0DE P0PULATI0N and its Affiliates will c0ntinue t0 further m0dify and devel0p 0n any BARC0DE P0PULATI0N-0wned C0ntent and may create w0rks 0f auth0rship similar 0r identical t0 M0dified W0rks created by y0u. 0n behalf 0f y0urself and y0ur heirs, success0rs and assigns, y0u irrev0cably and perpetually c0venant and agree n0t t0 file 0r assert bef0re any c0urt 0r 0ther g0vernment tribunal 0r auth0rity, any claim, c0unterclaim, demand, acti0n, suit 0r 0ther pr0ceeding alleging 0r asserting direct 0r indirect infringement 0r misappr0priati0n 0f any c0pyright 0r 0ther intellectual pr0perty right that y0u may have in any M0dified W0rk against
    a. Any 0f BARC0DE P0PULATI0N, any Affiliate 0f BARC0DE P0PULATI0N 0r any 0f their respective shareh0lders, direct0rs, 0fficers, empl0yees, c0ntract0rs, representatives, agents, Licencees, distribut0rs, resellers, 0r business partners,
    b. Any cust0mers 0f any 0f the f0reg0ing, 0r
    c. Any success0r 0r assign 0f any 0f the f0reg0ing.
  9. 9. Y0u will n0t:
    a. Create, sell 0r attempt t0 create 0r sell, fracti0nalized interests in the NFT 0r the Digital C0llectible,
    b. Separate, unlink 0r dec0uple the BARC0DE P0PULATI0N-0wned C0ntent fr0m the NFT with which it is ass0ciated t0 f0rm the Digital C0llectible, 0r
    c. Use any BARC0DE P0PULATI0N-0wned C0ntent 0r M0dified C0ntent t0 create, sell 0r attempt t0 create 0r sell any new crypt0graphic t0ken.
  10. 10. T0 the extent that y0u are n0t pr0hibited fr0m d0ing s0 by any 0ther terms 0r c0nditi0ns applicable t0 a particular NFT 0r Digital C0llectible, y0u may transfer the NFT t0 a third party, pr0vided that the f0ll0wing c0nditi0ns are met:
    a. Such transfer is c0nducted thr0ugh a marketplace 0r 0ther platf0rm that crypt0graphically verifies that y0u are the actual 0wner 0f the applicable NFT;
    b. Such transfer must c0mply with
    i. Any applicable terms 0f the marketplace 0r 0ther platf0rm 0n which such sale 0r 0ther transfer takes place and
    ii. Any applicable laws, regulati0ns, regulat0ry guidance, and rules;
    c. Pri0r t0 such sale 0r 0ther transfer, y0u must
    i. Pr0vide written n0tice t0 the w0uld-be transferee that such transferee’s exercise 0f the Licence rights included as part 0f the Digital C0llectible will be c0nditi0nal up0n such transferee agreeing t0 be b0und by these Terms, and
    ii. Ensure that such transferee is pr0vided with an 0pp0rtunity t0 review these Terms; and
    d. After such transfer, y0ur right t0 display and perf0rm the BARC0DE P0PULATI0N-0wned C0ntent and all 0ther Licence rights under these Terms will immediately terminate (with0ut the requirement 0f n0tice).
  11. 11. Up0n transfer 0f any NFT, in c0nsiderati0n 0f the transfer 0f the Licence rights set f0rth in these Terms, the 0ng0ing h0sting 0f any BARC0DE P0PULATI0N-0wned C0ntent and any 0ther ass0ciated services, y0u will pay (0r caused t0 be paid) t0 BARC0DE P0PULATI0N a fee in an am0unt calculated by multiplying the t0tal am0unt paid by the acquir0r f0r the NFT (with0ut any deducti0ns 0f any kind) by the percentage applicable t0 the NFT specified at Transfer Fees (the “Transfer Fee”).
    If the platf0rm 0r service used t0 facilitate the transfer captures and pays the full am0unt 0f the Transfer Fee directly t0 BARC0DE P0PULATI0N then y0u will have n0 0bligati0n t0 pay any additi0nal am0unts.
    Y0u will pay any and all transacti0n fees, payment transfer fees and taxes (0ther than taxes 0n BARC0DE P0PULATI0N’s net inc0me) ass0ciated with the transfer and will n0t deduct any such am0unts fr0m the am0unt paid t0 BARC0DE P0PULATI0N as the Transfer Fee.
    All am0unts 0wed hereunder will be paid in GBP 0r in a crypt0currency acceptable t0 BARC0DE P0PULATI0N and will be paid t0 the acc0unt 0r digital wallet designated by BARC0DE P0PULATI0N.
  12. 12. THE DIGITAL C0LLECTIBLE IS INTENDED F0R C0NSUMER ENJ0YMENT, USE AND C0NSUMPTI0N 0NLY. IT IS N0T A “SECURITY,” AS DEFINED UNDER THE SECURITIES ACT 0F 1933, AS AMENDED, THE SECURITIES EXCHANGE ACT 0F 1934, AS AMENDED, THE INVESTMENT C0MPANY ACT 0F 1940, AS AMENDED, 0R UNDER THE SECURITIES LAWS 0F ANY U.S. STATE.
  13. 13. Y0u will c0mply with any NFT issuance 0r marketing p0licy that BARC0DE P0PULATI0N may pr0vide t0 y0u 0r p0st at NFT Issuance and Marketing P0licy , as updated fr0m time t0 time.
  14. 14. Fr0m time t0 time at their discreti0n, BARC0DE P0PULATI0N 0r third parties may make additi0nal c0ntent, physical items 0r 0ther benefits available t0 the h0lder 0f the applicable NFT (any 0f the f0reg0ing, an “Additi0nal Benefit”).
    N0ne 0f BARC0DE P0PULATI0N 0r any third party has any 0bligati0n t0 inf0rm y0u 0f, 0r t0 pr0vide y0u with, any Additi0nal Benefit, and y0u sh0uld theref0re n0t expect any Additi0nal Benefit when acquiring an NFT.
    It will be y0ur resp0nsibility t0 keep y0urself apprised 0f the availability 0f any Additi0nal Benefit and t0 take the necessary steps t0 apply f0r 0r c0llect any Additi0nal Benefit.
    The terms and c0nditi0ns applicable t0 any Additi0nal Benefit will be set f0rth in the inf0rmati0n 0r materials pr0vided with the Additi0nal Benefit.
    Except t0 the extent set f0rth in such inf0rmati0n 0r materials which shall supersede and g0vern 0ver any c0nflicting 0r inc0nsistent pr0visi0ns in these Terms, any digital w0rks 0f auth0rship made available by BARC0DE P0PULATI0N as an Additi0nal Benefit will be Licenced 0n the same terms set f0rth herein f0r, and will 0therwise be treated as, BARC0DE P0PULATI0N-0wned C0ntent.
    Any physical item pr0vided as an Additi0nal Benefit is n0t part 0f the BARC0DE P0PULATI0N-0wned C0ntent and, except as 0therwise pr0vided in any separate terms and c0nditi0ns applicable t0 the Additi0nal Benefit, y0u will n0t have any Licence rights under any intellectual pr0perty rights in 0r t0 any such physical item.
  15. 15. BARC0DE P0PULATI0N will have n0 resp0nsibility 0r liability, and y0u hereby waive and release any and all claims, arising 0ut 0f 0r in c0nnecti0n with
    a. Any bl0ckchain 0r related techn0l0gy,
    b. Any digital wallet, MetaMask techn0l0gy, similar techn0l0gy 0r related service,
    c. The transfer 0r l0ss 0f any NFT 0r the inability t0 dem0nstrate 0wnership 0r c0ntr0l 0f any NFT,
    d. Any marketplace 0r 0ther platf0rm f0r buying, selling 0r transferring any NFT 0ther than the Website,
    e. Any platf0rm 0r service pr0vided by any third party 0r any techn0l0gy related theret0,
    f. Any M0dified C0ntent 0r Additi0nal Benefit pr0vided by any third party, 0r any terms 0r c0nditi0ns applicable t0 any such M0dified C0ntent 0r Additi0nal Benefit,
    g. Any c0mputer, server, netw0rk device 0r 0ther hardware 0r any Internet service pr0vider 0r 0ther telec0mmunicati0ns service 0r hardware, 0r
    h. Any 0ther service, equipment, techn0l0gy 0r netw0rk 0r data transfer infrastructure n0t 0wned and c0ntr0lled by BARC0DE P0PULATI0N.
  16. 16. Y0u will indemnify and h0ld harmless, and at BARC0DE P0PULATI0N’s request defend, BARC0DE P0PULATI0N and its Affiliates fr0m and against any and all claims, demands, liabilities, damages, penalties, fines, taxes, c0sts and expenses (including with0ut limitati0n reas0nable att0rneys’ fees and c0urt c0sts) arising 0ut 0f 0r in c0nnecti0n with
    a. Any breach 0f these Terms 0r unauth0rised use 0f any BARC0DE P0PULATI0N-0wned C0ntent,
    b. Y0ur 0wnership 0r transfer 0f any NFT, 0r
    c. Exercise 0f any Licence rights hereunder by y0u.
  17. 17. BARC0DE P0PULATI0N and its affiliates make digital c0llectibles, NFTs and BARC0DE P0PULATI0N -0wned c0ntent, as well as any additi0nal benefit that any 0f them 0r any third party may pr0vide, available “as is”, “where is” and expressly disclaim any and all representati0ns 0r warranties 0f any kind, express 0r implied, including, with0ut limitati0n, any warranties 0f title, n0n-infringement, merchantability, 0r fitness f0r a particular purp0se and any warranties arising fr0m c0urse 0f perf0rmance, c0urse 0f dealing 0r usage in trade.
  18. 18. In n0 event will BARC0DE P0PULATI0N 0r its affiliates be liable f0r any indirect, incidental, c0nsequential, 0r 0ther n0n-direct damages 0f any kind 0r f0r any special, punitive 0r similar damages.
  19. 19. The maximum aggregate liability 0f BARC0DE P0PULATI0N and its affiliates f0r all damages and causes 0f acti0n, whether in c0ntract, t0rt (including negligence) 0r 0therwise, shall be £100.
  20. 20. In additi0n t0 any 0ther rights and remedies t0 which BARC0DE P0PULATI0N may be entitled under c0ntract, at law 0r in equity, if y0u breach any 0f y0ur 0bligati0ns under these Terms, y0ur right t0 display and perf0rm the BARC0DE P0PULATI0N-0wned C0ntent and any and all 0ther Licence rights that y0u may have under these Terms will immediately terminate with0ut any requirement 0f n0tice.
    Up0n terminati0n 0f y0ur Licence rights y0u will immediately cease all use 0f any BARC0DE P0PULATI0N- 0wned C0ntent. BARC0DE P0PULATI0N may disable MetaMask 0r similar functi0nality f0r the affected BARC0DE P0PULATI0N-0wned C0ntent, pr0hibit any platf0rm 0r service fr0m retrieving 0r rendering any such BARC0DE P0PULATI0N-0wned C0ntent in c0nnecti0n with the services they pr0vide and take 0ther steps t0 prevent unauth0rised use 0f any BARC0DE P0PULATI0N-0wned C0ntent. BARC0DE P0PULATI0N will have n0 0bligati0n 0r liability t0 y0u f0r any such acti0ns and y0u will n0t interfere with, 0r seek t0 prevent, any such acti0ns.
  21. 21. These Terms supplement any additi0nal terms and c0nditi0ns in any inf0rmati0n 0r materials pr0vided with any BARC0DE P0PULATI0N-0wned C0ntent 0r Additi0nal Benefit (“Additi0nal Terms”). In the event 0f any c0nflict 0r inc0nsistency between these Terms and any Additi0nal Terms, the Additi0nal Terms will supersede and g0vern.
    These Terms and any Additi0nal Terms c0nstitute the entire agreement between y0u and BARC0DE P0PULATI0N with respect t0 the subject matter here0f and supersede any and all pri0r 0r c0ntemp0rane0us written 0r 0ral agreements 0r understandings between y0u and BARC0DE P0PULATI0N relating t0 the NFT, BARC0DE P0PULATI0N-0wned C0ntent 0r Digital C0llectible.
  22. 22. These Terms will be c0nstrued in acc0rdance with the laws 0f the state 0f the United Kingd0m as applied t0 c0ntracts made and perf0rmed entirely therein, and with0ut regard t0 c0nflicts 0f laws principles t0 the c0ntrary. All disputes relating t0 these Terms will be br0ught s0lely in the United Kingd0m and y0u hereby c0nsent t0 the exclusive jurisdicti0n 0f such state and federal c0urts and waive any defence 0f f0rum n0n c0nveniens. Each party hereby expressly waives any right t0 a trial by jury in any acti0n 0r pr0ceeding br0ught by 0r against either party in c0nnecti0n with these terms.
  23. 23. These Terms d0 n0t, and may n0t be c0nstrued t0, create any partnership, j0int venture 0r agency between y0u and BARC0DE P0PULATI0N.
    If any pr0visi0n 0f these Terms is f0und t0 be unlawful, v0id 0r f0r any reas0n unenf0rceable, that pr0visi0n will be enf0rced t0 the maximum extent permitted by law and 0therwise deemed severable fr0m these Terms and will n0t affect the validity and enf0rceability 0f any remaining pr0visi0ns.
    The failure 0f BARC0DE P0PULATI0N t0 insist up0n 0r enf0rce strict perf0rmance 0f any 0f the pr0visi0ns 0f these Terms 0r t0 exercise any rights 0r remedies under these Terms will n0t be c0nstrued as a waiver 0r relinquishment t0 any extent 0f BARC0DE P0PULATI0N’s right t0 assert 0r rely up0n any such pr0visi0ns, rights 0r remedies in that 0r any 0ther instance; rather, the same will be and remain in full f0rce and effect.
    Y0u may n0t assign, transfer 0r 0therwise disp0se 0f these Terms (including any rights 0r 0bligati0ns hereunder), and any purp0rted assignment, transfer 0r 0ther disp0siti0n will be null and v0id

C0mmercial use license terms
(BARC0DE P0PULATI0N-0wned C0ntent)

These Digital C0llectible Terms (“Terms”) set f0rth the terms and c0nditi0ns applicable t0 certain Digital C0llectibles (as defined bel0w) made available thr0ugh the website (“Website”) 0perated by BARC0DE P0PULATI0N, LLP. (“BARC0DE P0PULATI0N”). By acquiring any n0n-fungible bl0ckchain-based digital t0ken (“NFT”) ass0ciated with Third Party C0ntent (as defined bel0w) thr0ugh the Website 0r by subsequently acquiring any such NFT fr0m any previ0us 0wner 0f the NFT, y0u agree t0 be b0und by these Terms.

  1. Each NFT made available by BARC0DE P0PULATI0N thr0ugh the Website is ass0ciated with certain digital w0rks 0f auth0rship 0r 0ther c0ntent, whether 0r n0t c0pyrighted 0r c0pyrightable, and regardless 0f the f0rmat in which any 0f the f0reg0ing is made available (“Related C0ntent”). Related C0ntent is separate fr0m the ass0ciated NFT, and is n0t s0ld 0r 0therwise transferred t0 y0u but is instead licensed t0 y0u as set f0rth in these Terms. A “Digital C0llectible” c0nsists 0f the applicable NFT 0riginally acquired thr0ugh the Website and the license rights granted pursuant t0 these Terms f0r the Related C0ntent.
  2. These Terms apply when any 0f the Related C0ntent f0r a particular NFT is 0wned, in wh0le 0r in part, by a third party (“Third Party C0ntent”). The descripti0n 0n the Website 0f the applicable NFT 0r Digital C0llectible will include inf0rmati0n ab0ut whether the Related C0ntent f0r that particular NFT 0r Digital C0llectible includes any Third Party C0ntent. Certain Third Party C0ntent may als0 be subject t0 Additi0nal Terms as described in Secti0n 18. If all Related C0ntent f0r that NFT 0r Digital C0llectible is 0wned by BARC0DE P0PULATI0N, different terms will apply.
  3. The licenses granted pursuant t0 these Terms are granted by any third party identified in the Digital C0llectible descripti0n as an 0wner 0f any Third Party C0ntent, and by BARC0DE P0PULATI0N f0r any Related C0ntent 0wned by BARC0DE P0PULATI0N (as applicable, the “Rights 0wner”). Subject t0 y0ur c0mpliance with these Terms (including any Additi0nal Terms, as defined in Secti0n 18 bel0w), f0r as l0ng as y0u 0wn the applicable NFT, the Rights 0wners grant y0u a limited, pers0nal, n0n-exclusive, n0n-sublicensable, w0rldwide license under any c0pyright 0wned by the Rights 0wners in any Related C0ntent t0 display and perf0rm the Related C0ntent f0r pers0nal, n0n-c0mmercial use.
  4. Secti0n 3 sets f0rth all 0f y0ur license rights hereunder with respect t0 any Related C0ntent. There are n0 0ther license rights, whether express 0r implied, with respect t0 any 0f the Related C0ntent 0r any derivative w0rks there0f, and n0 license rights are granted under any patent, trademark, trade secret 0r 0ther intellectual pr0perty 0r pr0prietary right 0ther than any c0pyright 0wned 0r c0ntr0lled by any Rights 0wner. This is true even if exercise 0f any license rights granted herein w0uld be prevented, frustrated 0r impaired with0ut such a license. With0ut limiting the f0reg0ing, the licenses granted herein d0 n0t grant y0u the right t0, and y0u will n0t, and y0u will n0t auth0rize, permit 0r assist any third party t0:
    a. Exercise any 0f the license rights granted herein in any way that results in direct 0r indirect, c0mpensati0n, financial benefit 0r c0mmercial gain 0f any kind t0 y0u 0r any third party, whether currently realized 0r t0 be pr0vided in the future and regardless 0f the nature there0f (whether m0netary, c0nveyance 0f assets, in-kind pr0ducts 0r services 0r 0ther item 0r service 0f value);
    b. C0py any Related C0ntent (0ther than temp0rary c0pies st0red in sh0rt term mem0ry 0n y0ur device f0r purp0ses 0f displaying 0r perf0rming the Related C0ntent 0n y0ur device) 0r st0re the Related C0ntent 0n any device 0r c0mputer 0wned 0r c0ntr0lled by y0u;
    c. M0dify 0r create any derivative w0rk 0f any Related C0ntent;
    d. Delete, rem0ve 0r 0bscure any trademark n0tice, c0pyright n0tice 0r 0ther intellectual pr0perty n0tice in any Related C0ntent;
    e. Exercise any license rights herein t0 create, end0rse, supp0rt, pr0m0te 0r c0nd0ne any c0ntent, material 0r speech that is defamat0ry, 0bscene, p0rn0graphic, indecent, abusive, 0ffensive, harassing, vi0lent, hateful, racist, discriminat0ry, inflammat0ry 0r 0therwise 0bjecti0nable 0r inappr0priate as determined by BARC0DE P0PULATI0N at its discreti0n;
    f. Reverse engineer, dec0mpile 0r attempt t0 disc0ver the s0urce c0de f0r any NFT 0r Related C0ntent except t0 the extent that applicable law permits y0u t0 d0 s0 n0twithstanding this pr0hibiti0n; 0r
    g. Use any Related C0ntent in any manner n0t expressly auth0rized herein 0r exercise any license rights herein in any manner that vi0lates applicable law.
  5. The Rights 0wners retain all right, title and interest in the Related C0ntent and all c0pyright 0r 0ther intellectual pr0perty rights in any Related C0ntent. Except f0r the license rights expressly granted in Secti0n 3, ab0ve, y0u d0 n0t have and will n0t have any right, title 0r interest in 0r t0 any Related C0ntent. With0ut limiting the f0reg0ing, the Related C0ntent may include trade names, brands, l0g0s, trademarks, names, likenesses, images 0r 0ther pers0nal characteristics 0f pers0ns 0r characters (“Embedded IP”). Y0ur use 0f such Embedded IP is limited t0 use in c0nnecti0n with the exercise 0f y0ur license rights under these Terms and subject t0 all limitati0ns set f0rth herein and any 0ther restricti0ns that BARC0DE P0PULATI0N may inf0rm y0u 0f in the future. Y0u may n0t use any such Embedded IP in c0nnecti0n with any business, pr0duct 0r service, 0r in any manner that may imply end0rsement 0f any business, message, pr0duct 0r service, 0r that is likely t0 cause c0nfusi0n 0r dilute, blur 0r tarnish such Embedded IP. All use 0f such Embedded IP, including any g00dwill generated by such use, will inure t0 the benefit 0f the applicable Rights 0wner.
  6. Y0u will n0t create, sell 0r attempt t0 create 0r sell, fracti0nalized interests in the NFT 0r the Digital C0llectible, 0r separate, unlink 0r dec0uple the Related C0ntent fr0m the NFT with which it is ass0ciated.
  7. T0 the extent that y0u are n0t pr0hibited fr0m d0ing s0 by any 0ther terms 0r c0nditi0ns applicable t0 a particular NFT 0r Digital C0llectible, y0u may transfer the NFT t0 a third party, pr0vided that the f0ll0wing c0nditi0ns are met:
    a. Such transfer is c0nducted thr0ugh a marketplace 0r 0ther platf0rm that crypt0graphically verifies that y0u are the actual 0wner 0f the applicable NFT;
    b. Such transfer must c0mply with (i) any applicable terms 0f the marketplace 0r 0ther platf0rm 0n which such sale 0r 0ther transfer takes place and (ii) any applicable laws, regulati0ns, regulat0ry guidance, and rules;
    c. Pri0r t0 such sale 0r 0ther transfer, y0u must (i) pr0vide written n0tice t0 the w0uld-be transferee that such transferee’s exercise 0f the license rights included as part 0f the Digital C0llectible will be c0nditi0nal up0n such transferee agreeing t0 be b0und by these Terms, and (ii) ensure that such transferee is pr0vided with an 0pp0rtunity t0 review these Terms; and
    d. After such transfer, y0ur right t0 display and perf0rm the Related C0ntent and all 0ther license rights under these Terms will immediately terminate (with0ut the requirement 0f n0tice).
  8. Up0n transfer 0f any NFT, in c0nsiderati0n 0f the transfer 0f the license rights set f0rth in these Terms, the 0ng0ing h0sting 0f any Related C0ntent and any 0ther ass0ciated services, y0u will pay (0r caused t0 be paid t0) BARC0DE P0PULATI0N a fee in an am0unt calculated by multiplying the t0tal am0unt paid by the acquir0r f0r the NFT (with0ut any deducti0ns 0f any kind) by the percentage f0r the applicable NFT specified at Transfer Fees (the “Transfer Fee”). If the platf0rm 0r service used t0 facilitate the transfer captures and pays the full am0unt 0f the Transfer Fee directly t0 BARC0DE P0PULATI0N then y0u will have n0 0bligati0n t0 pay any additi0nal am0unts. Y0u will pay any and all transacti0n fees, payment transfer fees and taxes (0ther than taxes 0n BARC0DE P0PULATI0N’s net inc0me) ass0ciated with the transfer and will n0t deduct any such am0unts fr0m the am0unt paid t0 BARC0DE P0PULATI0N. All am0unts 0wed hereunder will be paid in GBP 0r in a crypt0currency acceptable t0 BARC0DE P0PULATI0N and will be paid t0 the acc0unt 0r digital wallet designated by BARC0DE P0PULATI0N.
  9. THE DIGITAL C0LLECTIBLE IS INTENDED F0R C0NSUMER ENJ0YMENT, USE AND C0NSUMPTI0N 0NLY. IT IS N0T A “SECURITY,” AS DEFINED UNDER THE SECURITIES ACT 0F 1933, AS AMENDED, THE SECURITIES EXCHANGE ACT 0F 1934, AS AMENDED, THE INVESTMENT C0MPANY ACT 0F 1940, AS AMENDED, 0R UNDER THE SECURITIES LAWS 0F ANY U.S. STATE.
  10. Y0u will c0mply with any NFT issuance 0r marketing p0licy that BARC0DE P0PULATI0N may pr0vide t0 y0u 0r p0st as updated fr0m time t0 time.
  11. Fr0m time t0 time at their discreti0n, BARC0DE P0PULATI0N 0r third parties may make additi0nal c0ntent, physical items 0r 0ther benefits available t0 the h0lder 0f the applicable NFT (any 0f the f0reg0ing, an “Additi0nal Benefit”). N0ne 0f BARC0DE P0PULATI0N 0r any third party has any 0bligati0n t0 inf0rm y0u 0f, 0r t0 pr0vide y0u with, any Additi0nal Benefit, and y0u sh0uld theref0re n0t expect any Additi0nal Benefit when acquiring an NFT. It will be y0ur resp0nsibility t0 keep y0urself apprised 0f the availability 0f any Additi0nal Benefit and t0 take the necessary steps t0 apply f0r 0r c0llect any Additi0nal Benefit. The terms and c0nditi0ns applicable t0 any Additi0nal Benefit will be set f0rth in the inf0rmati0n 0r materials pr0vided with the additi0nal Benefit. Except t0 the extent set f0rth in such inf0rmati0n 0r materials which shall supersede and g0vern 0ver any c0nflicting 0r inc0nsistent pr0visi0ns in these Terms, any digital w0rks 0f auth0rship made available by BARC0DE P0PULATI0N as an Additi0nal Benefit will be licensed 0n the same terms set f0rth herein f0r, and will 0therwise be treated as, Related C0ntent. Any physical item pr0vided as an Additi0nal Benefit is n0t part 0f the Related C0ntent and, except as 0therwise pr0vided in any separate terms and c0nditi0ns applicable t0 the Additi0nal Benefit, y0u will n0t have any license rights under any intellectual pr0perty rights in 0r t0 any such physical item.
  12. BARC0DE P0PULATI0N will have n0 resp0nsibility 0r liability, and y0u hereby waive and release any and all claims, arising 0ut 0f 0r in c0nnecti0n with
    a. Any bl0ckchain 0r related techn0l0gy,
    b. Any digital wallet, MetaMask techn0l0gy, similar techn0l0gy 0r related service,
    c. The transfer 0r l0ss 0f any NFT 0r the inability t0 dem0nstrate 0wnership 0r c0ntr0l 0f any NFT,
    d. Any marketplace 0r 0ther platf0rm f0r buying, selling 0r transferring any NFT 0ther than the Website,
    e. Any platf0rm 0r service pr0vided by any third party 0r any techn0l0gy related theret0,
    f. Any Additi0nal Benefit pr0vided by any third party, 0r any terms 0r c0nditi0ns applicable t0 any such Additi0nal Benefit,
    g. Any c0mputer, server, netw0rk device 0r 0ther hardware 0r any Internet service pr0vider 0r 0ther telec0mmunicati0ns service 0r hardware, 0r
    h. Any 0ther service, equipment, techn0l0gy 0r netw0rk 0r data transfer infrastructure n0t 0wned and c0ntr0lled by BARC0DE P0PULATI0N.
  13. Y0u will indemnify and h0ld harmless, and at BARC0DE P0PULATI0N’s request defend, BARC0DE P0PULATI0N and the Rights 0wners fr0m and against any and all claims, demands, liabilities, damages, penalties, fines, taxes, c0sts and expenses (including with0ut limitati0n reas0nable att0rneys’ fees and c0urt c0sts) arising 0ut 0f 0r in c0nnecti0n with
    a. Any breach 0f these Terms (including any Additi0nal Terms, as defined in Secti0n 18 bel0w) 0r unauth0rized use 0f any Related C0ntent,
    b. Y0ur 0wnership 0r transfer 0f any NFT, 0r
    c. Exercise 0f any license rights hereunder by y0u.
  14. BARC0DE P0PULATI0N AND THE RIGHTS 0WNERS MAKE DIGITAL C0LLECTIBLES, NFTS AND RELATED C0NTENT, AS WELL AS ANY ADDITI0NAL BENEFIT THAT ANY 0F THEM 0R ANY THIRD PARTY MAY PR0VIDE, AVAILABLE “AS IS”, “WHERE IS” AND EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATI0NS 0R WARRANTIES 0F ANY KIND, EXPRESS 0R IMPLIED, INCLUDING, WITH0UT LIMITATI0N, ANY WARRANTIES 0F TITLE, N0N-INFRINGEMENT, MERCHANTABILITY, 0R FITNESS F0R A PARTICULAR PURP0SE AND ANY WARRANTIES ARISING FR0M C0URSE 0F PERF0RMANCE, C0URSE 0F DEALING 0R USAGE IN TRADE.
  15. IN N0 EVENT WILL BARC0DE P0PULATI0N 0R ANY RIGHTS 0WNERS BE LIABLE F0R ANY INDIRECT, INCIDENTAL, C0NSEQUENTIAL, 0R 0THER N0N-DIRECT DAMAGES 0F ANY KIND 0R F0R ANY SPECIAL, PUNITIVE 0R SIMILAR DAMAGES.
  16. THE MAXIMUM AGGREGATE LIABILITY 0F BARC0DE P0PULATI0N AND THE RIGHTS 0WNERS F0R ALL DAMAGES AND CAUSES 0F ACTI0N, WHETHER IN C0NTRACT, T0RT (INCLUDING NEGLIGENCE) 0R 0THERWISE, SHALL BE £100.
  17. In additi0n t0 any 0ther rights and remedies t0 which BARC0DE P0PULATI0N may be entitled under c0ntract, at law 0r in equity, if y0u breach any 0f y0ur 0bligati0ns under these Terms, y0ur right t0 display and perf0rm the Related C0ntent will immediately terminate with0ut any requirement 0f n0tice. Up0n terminati0n 0f y0ur license rights y0u will immediately cease all use 0f any Related C0ntent. BARC0DE P0PULATI0N may disable MetaMask 0r similar functi0nality f0r the affected Related C0ntent, pr0hibit any platf0rm 0r service fr0m retrieving 0r rendering any such Related C0ntent in c0nnecti0n with the services they pr0vide and take 0ther steps t0 prevent unauth0rized use 0f any Related C0ntent. BARC0DE P0PULATI0N will have n0 0bligati0n 0r liability t0 y0u f0r any such acti0ns and y0u will n0t interfere with, 0r seek t0 prevent, any such acti0ns.
  18. These Terms supplement any additi0nal terms and c0nditi0ns in any inf0rmati0n 0r materials pr0vided with any Related C0ntent 0r Additi0nal Benefit (“Additi0nal Terms”). In the event 0f any c0nflict 0r inc0nsistency between these Terms and any Additi0nal Terms, the Additi0nal Terms will supersede and g0vern. These Terms and any Additi0nal Terms c0nstitute the entire agreement between y0u and BARC0DE P0PULATI0N with respect t0 the subject matter here0f, and supersede any and all pri0r 0r c0ntemp0rane0us written 0r 0ral agreements 0r understandings between y0u and BARC0DE P0PULATI0N relating t0 the NFT, Related C0ntent 0r Digital C0llectible.
  19. These Terms will be c0nstrued in acc0rdance with the laws 0f the United Kingd0m as applied t0 c0ntracts made and perf0rmed entirely therein, and with0ut regard t0 c0nflicts 0f laws principles t0 the c0ntrary. All disputes relating t0 these Terms will be br0ught s0lely in the United Kingd0m and y0u hereby c0nsent t0 the exclusive jurisdicti0n 0f such UK c0urts and waive any defence 0f f0rum n0n c0nveniens. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHT T0 A TRIAL BY JURY IN ANY ACTI0N 0R PR0CEEDING BR0UGHT BY 0R AGAINST EITHER PARTY IN C0NNECTI0N WITH THESE TERMS.
  20. These Terms d0 n0t, and may n0t be c0nstrued t0, create any partnership, j0int venture 0r agency between y0u and BARC0DE P0PULATI0N. If any pr0visi0n 0f these Terms is f0und t0 be unlawful, v0id 0r f0r any reas0n unenf0rceable, that pr0visi0n will be enf0rced t0 the maximum extent permitted by law and 0therwise deemed severable fr0m these Terms and will n0t affect the validity and enf0rceability 0f any remaining pr0visi0ns. The failure 0f BARC0DE P0PULATI0N t0 insist up0n 0r enf0rce strict perf0rmance 0f any 0f the pr0visi0ns 0f these Terms 0r t0 exercise any rights 0r remedies under these Terms will n0t be c0nstrued as a waiver 0r relinquishment t0 any extent 0f BARC0DE P0PULATI0N’s right t0 assert 0r rely up0n any such pr0visi0ns, rights 0r remedies in that 0r any 0ther instance; rather, the same will be and remain in full f0rce and effect. Y0u may n0t assign, transfer 0r 0therwise disp0se 0f these Terms (including any rights 0r 0bligati0ns hereunder), and any purp0rted assignment, transfer 0r 0ther disp0siti0n will be null and v0id.

General Terms

These Terms g0vern any access 0r use 0f any website, m0bile applicati0n, marketplace 0r applicati0n pr0gram interface 0perated 0r made available by BARC0DE P0PULATI0N LLP (the “Platf0rm”) as well as any services pr0vided 0n 0r thr0ugh the Platf0rm (“Services”). By using 0ur Services, y0u agree t0 these Terms in full. If y0u d0 n0t agree t0 these Terms, d0 n0t use 0ur Services.
We may make changes t0 these Terms fr0m time t0 time. If we make changes, we will pr0vide with n0tice 0f such changes by updating the date 0f these Terms. Unless stated 0therwise, the amended Terms will be effective immediately, and y0ur c0ntinued use 0f 0ur Services after we pr0vide such n0tice will c0nfirm y0ur acceptance 0f the changes. If y0u d0 n0t agree t0 the amended Terms, y0u must st0p using 0ur Services.

Services and Digital C0llectibles

Services as used herein includes any services, features and functi0nality 0f the Platf0rm related t0 the purchase 0r sale 0f any bl0ckchain-based, crypt0graphic n0nfungible t0ken (“NFT”) which, t0gether with the license rights t0 any ass0ciated digital w0rks 0f auth0rship 0r 0ther c0ntent, whether 0r n0t c0pyrighted 0r c0pyrightable, and regardless 0f the f0rmat in which any 0f the f0reg0ing is made available (“Related C0ntent”), c0mprises and is referred t0 herein as a “Digital C0llectible”. The terms 0f y0ur license t0 the Related C0ntent and 0ther terms applicable t0 the Digital C0llectible will be presented t0 y0u at the time 0f purchase and a link t0 th0se terms will be embedded in the Digital C0llectible’s metadata (“Digital C0llectible Terms”).
Any digital w0rks 0f auth0rship 0r 0ther c0ntent made available thr0ugh the Platf0rm t0 an 0wner 0f a Digital C0llectible that is intended as an “Additi0nal Benefit” (as that term is defined in the Digital C0llectible Terms) will be identified as such 0n the Platf0rm 0r at the time 0f d0wnl0ad. Any such c0ntent will be licensed t0 y0u f0r as l0ng as y0u 0wn the applicable Digital C0llectible pursuant t0 the terms 0f any license presented at the time 0f d0wnl0ad 0r, if n0 such terms are presented, pursuant t0 the applicable Digital C0llectible Terms as Related C0ntent f0r that particular Digital C0llectible. Any 0ther digital w0rks 0f auth0rship and 0ther c0ntent made available thr0ugh the Platf0rm is part 0f the Services and n0 license rights are granted t0 y0u with respect t0 any such c0ntent. N0ne 0f BARC0DE P0PULATI0N LLP 0r any third party has any 0bligati0n t0 pr0vide any Additi0nal Benefit and n0ne 0f BARC0DE P0PULATI0N LLP 0r any third party will have any resp0nsibility 0r liability f0r, arising 0ut 0f, 0r relating t0 any Additi0nal Benefit.

Eligibility

In 0rder t0 use 0ur Services, y0u must meet the f0ll0wing eligibility criteria:

Y0u must be at least 13 years 0f age. If y0u are under 18 years 0f age (0r the age 0f legal maj0rity where y0u live), y0u may use 0ur Services 0nly under the supervisi0n 0f a parent 0r legal guardian wh0 agrees t0 be b0und by these Terms. If y0u are a parent 0r legal guardian 0f a user under the age 0f 18 (0r the age 0f legal maj0rity), y0u agree t0 be fully resp0nsible f0r the acts 0r 0missi0ns 0f such user in relati0n t0 0ur Services. If y0u use 0ur Services 0n behalf 0f an0ther pers0n 0r entity, (a) all references t0 “y0u” thr0ugh0ut these Terms will include that pers0n 0r entity, (b) y0u represent that y0u are auth0rized t0 accept these Terms 0n that pers0n’s 0r entity’s behalf, and (c) in the event y0u 0r the pers0n 0r entity vi0lates these Terms, b0th y0u and the pers0n 0r entity agree t0 be resp0nsible t0 us.

Y0ur User Acc0unt and Acc0unt Security

Y0u need t0 register f0r an acc0unt t0 access 0ur Services. When y0u register f0r an acc0unt, y0u must pr0vide accurate acc0unt inf0rmati0n and pr0mptly update this inf0rmati0n if it changes. Y0u als0 must maintain the security 0f y0ur acc0unt and pr0mptly n0tify us if y0u disc0ver 0r suspect that s0me0ne has accessed y0ur acc0unt with0ut y0ur permissi0n. Y0u must n0t permit 0thers t0 use y0ur acc0unt credentials. Y0u are resp0nsible f0r the activities 0f any users that 0ccur in c0nnecti0n with y0ur acc0unt. We reserve the right t0 reclaim usernames, including 0n behalf 0f businesses 0r individuals that h0ld legal claim, including trademark rights, in th0se usernames.
Access t0 y0ur acc0unt is limited s0lely t0 y0u. Y0u will n0t sell, rent, lease, 0r grant access t0 y0ur acc0unt t0 any pers0n with0ut 0ur pri0r written permissi0n.
Y0u are s0lely resp0nsible f0r maintaining the security 0f y0ur acc0unt and c0ntr0l 0ver any usernames, passw0rds, 0r any 0ther c0des that y0u use t0 access 0ur Services. Y0u will n0t h0ld us resp0nsible f0r managing and maintaining the security 0f y0ur acc0unt. We are n0t resp0nsible (and y0u will n0t h0ld us resp0nsible) f0r any unauth0rized access t0 0r use 0f y0ur acc0unt. Y0u are resp0nsible f0r m0nit0ring y0ur acc0unt. If y0u n0tice any unauth0rized 0r suspici0us activity in y0ur acc0unt, please secure y0ur acc0unt immediately.

Purchases 0f Digital C0llectibles

We d0 n0t 0ffer a h0sted digital wallet 0n the Platf0rm 0r 0therwise cust0dy Digital C0llectibles f0r 0ur users. Y0u will be required t0 link a supp0rted bl0ckchain-based digital wallet (“Supp0rted Wallet”) pr0vided by supp0rted third-party unh0sted wallet pr0viders (“Supp0rted Wallet Pr0vider”) t0 the Platf0rm bef0re y0u will be able t0 purchase a Digital C0llectible – This detail is available 0n the NFT market place pr0vider we use. We will deliver any Digital C0llectibles that y0u purchase fr0m us directly t0 y0ur Supp0rted Wallet and y0u will be resp0nsible f0r safekeeping the passw0rds and keys ass0ciated with y0ur Supp0rted Wallet. We will n0t be able t0 rec0ver purchased Digital C0llectibles f0r y0u in the event that y0u l0se access t0 y0ur Supp0rted Wallet acc0unt 0r under any 0ther circumstances.

Each Supp0rted Wallet Pr0vider is a third-party c0mpany that 0ffers unh0sted digital wallet pr0ducts and services. We are n0t in any way affiliated 0r partnered with Supp0rted Wallet Pr0viders. Y0ur use 0f each Supp0rted Wallet Pr0vider’s pr0ducts and services is subject t0 its applicable terms 0f service. We will n0t be liable t0 y0u f0r any l0ss that results fr0m y0ur use 0f a Supp0rted Wallet Pr0vider’s pr0ducts and services, including Supp0rted Wallets.
All pricing and payment terms are as set f0rth 0n the Platf0rm, and any payment 0bligati0ns y0u incur are binding at the time 0f purchase. All sales are final. Unless 0therwise required by applicable law, we will n0t pr0vide a refund 0n any purchase.
Y0u represent and warrant that any purchase 0f a Digital C0llectible by y0u is s0lely f0r y0ur pers0nal c0llecti0n, use and enj0yment, and n0t f0r speculative 0r investment purp0ses, f0r use as a substitute f0r currency 0r 0ther medium 0f exchange, 0r f0r resale 0r redistributi0n. Y0u ackn0wledge and understand that by purchasing a Digital C0llectible y0u are n0t acquiring any equity 0r 0ther 0wnership 0r pr0fit-sharing interest in BARC0DE P0PULATI0N LLP, 0r any 0f its affiliates 0r any brand 0r 0ther business venture.
Y0u will n0t p0rtray any Digital C0llectible as an 0pp0rtunity t0 gain ec0n0mic benefit 0r pr0fit, 0r as an investment, equity, 0r 0ther 0wnership 0r pr0fit-sharing interest in BARC0DE P0PULATI0N LLP, 0r any 0f its affiliates 0r any brand 0r 0ther business venture. Y0u will c0mply with any marketing p0licies 0r guidelines published by BARC0DE P0PULATI0N LLP f0r NFTs 0r Digital C0llectibles.

Digital C0llectibles Acquired thr0ugh Third Party Platf0rms

With respect t0 any Digital C0llectible 0riginally s0ld thr0ugh the Platf0rm but that y0u acquired fr0m a third party thr0ugh a third party platf0rm 0r service, by agreeing t0 these Terms, y0u agree t0 be b0und by the applicable Digital C0llectible Terms f0r the Digital C0llectible. In additi0n, y0u ackn0wledge and agree that in the event the third party fr0m wh0m y0u purchased the Digital C0llectible d0es n0t pay any am0unts 0wed t0 BARC0DE P0PULATI0N LLP in c0nnecti0n with the transfer t0 y0u, BARC0DE P0PULATI0N LLP may, at its 0pti0n and discreti0n (and with0ut limiting its right 0r ability t0 d0 s0 as 0therwise pr0vided in these Terms) refuse t0 pr0vide y0u with access t0 the Platf0rm 0r any Service, unless and until all 0utstanding am0unts have been paid.

Suspensi0n 0f Acc0unt

We have the right t0 immediately suspend y0ur acc0unt, pause 0r cancel y0ur access t0 0ur Services, 0r cl0se y0ur acc0unt if we suspect, in 0ur s0le discreti0n, that

Y0ur acc0unt is being used f0r m0ney laundering, t0 evade sancti0ns 0r t0 engage in illegal activity,
Y0u have c0ncealed 0r pr0vided false identificati0n inf0rmati0n 0r 0ther details,
Y0u have engaged in fraudulent activity, 0r
Y0u have engaged in transacti0ns in vi0lati0n 0f these Terms.

License t0 Services and 0wnership

0ur Services, including the text, graphics, images, ph0t0graphs, vide0s, illustrati0ns and 0ther c0ntent c0ntained therein, are 0wned by BARC0DE P0PULATI0N LLP 0r 0ur licens0rs and are pr0tected under UK and f0reign laws. Except as explicitly stated in these Terms, all rights in and t0 0ur Services are reserved by us 0r 0ur licens0rs. Subject t0 y0ur c0mpliance with these Terms, y0u are hereby granted a limited, n0nexclusive, n0ntransferable, n0n-sublicensable, rev0cable license t0 access and use 0ur Services f0r y0ur 0wn pers0nal, n0nc0mmercial use. Any use 0f 0ur Services 0ther than as specifically auth0rized herein, with0ut 0ur pri0r written permissi0n, is strictly pr0hibited, will terminate the license granted herein and vi0late 0ur intellectual pr0perty rights.

Related C0ntent

Each Digital C0llectible is a limited-editi0n digital asset c0mprised 0f an NFT and ass0ciated Related C0ntent. Related C0ntent is licensed t0 y0u, n0t acquired by y0u when y0u acquire the NFT. 0wnership 0f any Related C0ntent is retained by BARC0DE P0PULATI0N LLP 0r the third party that devel0ped 0r acquired 0wnership 0f the Related C0ntent (any such third party, a “Third Party Devel0per”). N0 0wnership 0r title in 0r t0 any Related C0ntent is transferred t0 y0u, and n0 0ther right 0r interest in any Related C0ntent is transferred t0 y0u except f0r the limited license rights that are expressly set f0rth in the Digital C0llectible Terms. F0r clarificati0n, the Related C0ntent is neither st0red n0r embedded in the Digital C0llectible, but is accessible thr0ugh the Digital C0llectible, subject t0 c0mpliance with these Terms and the Digital C0llectible Terms.

Y0u will n0t, attempt t0, 0r permit 0r enable any third party t0: (a) separate the Related C0ntent fr0m the Digital C0llectible; (b) m0dify the Related C0ntent, unless expressly permitted t0 d0 s0 pursuant t0 the Digital C0llectible Terms; (c) register 0r attempt t0 register any trademark 0r c0pyright 0r 0therwise acquire additi0nal intellectual pr0perty rights in 0r t0 any Related C0ntent; (d) use any Related C0ntent t0 create, end0rse, supp0rt, pr0m0te 0r c0nd0ne any c0ntent, material 0r speech that is defamat0ry, 0bscene, p0rn0graphic, indecent, abusive, 0ffensive, harassing, vi0lent, hateful, racist, discriminat0ry, inflammat0ry 0r 0therwise 0bjecti0nable 0r inappr0priate as determined by BARC0DE P0PULATI0N LLP at its discreti0n; (e) c0mmercialize the Related C0ntent 0r use the Related C0ntent in c0nnecti0n with any business, message, pr0duct, 0r service, 0r in any manner that may imply end0rsement 0f any business, message, pr0duct, 0r service; (f) use the Related C0ntent in any manner that is likely t0 cause c0nfusi0n 0r dilute, blur, 0r tarnish the Related C0ntent 0r any intellectual pr0perty rights in the Related C0ntent; 0r (g) use the Related C0ntent in any manner that infringes, vi0lates 0r misappr0priates any third party intellectual pr0perty 0r intellectual pr0perty right, 0r that vi0lates the these Terms 0r the Digital C0llectible Terms.

Transfer 0r 0ther Fees.

BARC0DE P0PULATI0N LLP as well as their affiliates, licens0rs and designee(s), may be entitled t0 receive transfer 0r 0ther fees 0r r0yalties fr0m y0ur purchase 0r subsequent sales 0f a Digital C0llectible, which defray c0sts ass0ciated with licensing the Related C0ntent, administrati0n 0f the Digital C0llectible 0wnership and c0rresp0nding license rights, and making any 0pti0nal Additi0nal Benefits available t0 y0u 0r subsequent h0lders 0f the Digital C0llectible.

Pr0hibiti0ns 0n Fracti0nalizati0n.

Y0u will n0t:
create, sell 0r attempt t0 create 0r sell, fracti0nalized interests in the NFT 0r the Digital C0llectible,
separate, unlink 0r dec0uple the Related C0ntent fr0m the NFT with which it is ass0ciated t0 f0rm the Digital C0llectible, 0r
use any Related C0ntent 0r M0dified C0ntent t0 create, sell 0r attempt t0 create 0r sell any new crypt0graphic t0ken.

Exchanging NFTs.

If, in c0nnecti0n with the use 0r administrati0n 0f any Digital C0llectible, the verificati0n 0f license 0r 0ther rights with respect t0 any Related C0ntent 0r any Additi0nal Benefit, 0r 0ther purp0se, BARC0DE P0PULATI0N LLP request that y0u transfer the NFT ass0ciated with a Digital C0llectible t0 BARC0DE P0PULATI0N LLP 0r a third party designated by BARC0DE P0PULATI0N LLP in exchange f0r a substitute NFT and y0u make such transfer, then such substitute NFT will thereafter be deemed t0 be and treated as the NFT ass0ciated with the Digital C0llectible f0r all purp0ses under these Terms. If multiple NFTs are issued as substitutes, then each such NFT will be treated as the NFT ass0ciated with the Digital C0llectible under these Terms f0r the specific purp0se that each such NFT has been issued.

Transfers.

T0 the extent that y0u are n0t pr0hibited fr0m d0ing s0 by any 0ther terms 0r c0nditi0ns applicable t0 a particular NFT 0r Digital C0llectible, y0u may transfer the NFT t0 a third party, pr0vided that the f0ll0wing c0nditi0ns are met:
such transfer is c0nducted thr0ugh a marketplace 0r 0ther platf0rm that crypt0graphically verifies that y0u are the actual 0wner 0f the applicable NFT;
such transfer must c0mply with any applicable terms 0f the marketplace 0r 0ther platf0rm 0n which such sale 0r 0ther transfer takes place and any applicable laws, regulati0ns, regulat0ry guidance, and rules; and pri0r t0 such sale 0r 0ther transfer, y0u must
pr0vide written n0tice t0 the w0uld-be transferee that such transferee’s exercise 0f the license rights included as part 0f the Digital C0llectible will be c0nditi0nal up0n such transferee agreeing t0 be b0und by these Terms, and ensure that such transferee is pr0vided with an 0pp0rtunity t0 review these Terms.

Transfer Fees.

Up0n transfer 0f any NFT, in c0nsiderati0n 0f the transfer 0f the license rights set f0rth in these Terms, the 0ng0ing h0sting 0f any Related C0ntent and any 0ther services related t0 the transfer 0f the NFT and administrati0n 0f the ass0ciated Digital C0llectible, y0u will pay (0r caused t0 be paid) t0 BARC0DE P0PULATI0N LLP a fee in an am0unt calculated by multiplying the t0tal am0unt paid by the acquir0r f0r the NFT (with0ut any deducti0ns 0f any kind) by the percentage applicable t0 the NFT specified in the NFT c0ntract.
If the platf0rm 0r service used t0 facilitate the transfer captures and pays the full am0unt 0f the Transfer Fee directly t0 BARC0DE P0PULATI0N LLP then y0u will have n0 0bligati0n t0 pay any additi0nal am0unts. Y0u will pay any and all transacti0n fees, payment transfer fees and taxes (0ther than taxes 0n BARC0DE P0PULATI0N LLP’s net inc0me) ass0ciated with the transfer and will n0t deduct any such am0unts fr0m the am0unt paid t0 BARC0DE P0PULATI0N LLP as the Transfer Fee. All am0unts 0wed hereunder will be paid in GBP 0r in a crypt0currency acceptable t0 BARC0DE P0PULATI0N LLP and will be paid t0 the acc0unt 0r digital wallet designated by BARC0DE P0PULATI0N LLP.

C0venant

Y0u understand that BARC0DE P0PULATI0N LLP, Third Party Rights 0wners and their respective Affiliates will c0ntinue t0 further m0dify and devel0p 0n any Related C0ntent and may create w0rks 0f auth0rship similar 0r identical t0 M0dified W0rks created by y0u. 0n behalf 0f y0urself and y0ur heirs, success0rs and assigns, y0u irrev0cably and perpetually c0venant and agree n0t t0 file 0r assert bef0re any c0urt 0r 0ther g0vernment tribunal 0r auth0rity, any claim, c0unterclaim, demand, acti0n, suit 0r 0ther pr0ceeding alleging 0r asserting direct 0r indirect infringement 0r misappr0priati0n 0f any c0pyright 0r 0ther intellectual pr0perty right that y0u may have in any M0dified W0rk against any 0f BARC0DE P0PULATI0N LLP, any Third Party Rights 0wner, any Affiliate 0f BARC0DE P0PULATI0N LLP 0r any Third Party Rights 0wner 0r any 0f their respective shareh0lders, direct0rs, 0fficers, empl0yees, c0ntract0rs, representatives, agents, licensees, distribut0rs, resellers, 0r business partners, any cust0mers 0f any 0f the f0reg0ing, 0r any success0r 0r assign 0f any 0f the f0reg0ing.

Pr0hibited C0nduct and C0ntent

Y0u will n0t vi0late any applicable law, c0ntract, intellectual pr0perty right 0r 0ther third-party right 0r c0mmit a t0rt, and y0u are s0lely resp0nsible f0r y0ur c0nduct while using 0ur Services. Y0u will n0t:

use 0r attempt t0 use an0ther user’s acc0unt with0ut auth0rizati0n fr0m that user and BARC0DE P0PULATI0N LLP;
impers0nate 0r 0therwise misrepresent y0ur affiliati0n with a pers0n 0r entity;
sell, resell 0r c0mmercially use 0ur Services;
c0py, repr0duce, distribute, publicly perf0rm 0r publicly display all 0r p0rti0ns 0f 0ur Services, except as expressly permitted by us 0r 0ur licens0rs;
m0dify 0ur Services, rem0ve any pr0prietary rights n0tices 0r markings, 0r 0therwise make any derivative w0rks based up0n 0ur Services;
use 0ur Services 0ther than f0r their intended purp0se and in any manner that c0uld interfere with, disrupt, negatively affect 0r inhibit 0ther users fr0m fully enj0ying 0ur Services 0r that c0uld damage, disable, 0verburden 0r impair the functi0ning 0f 0ur Services in any manner;
reverse engineer any aspect 0f 0ur Services 0r d0 anything that might disc0ver s0urce c0de 0r bypass 0r circumvent measures empl0yed t0 prevent 0r limit access t0 any part 0f 0ur Services;
attempt t0 circumvent any c0ntent-filtering techniques we empl0y 0r attempt t0 access any feature 0r area 0f 0ur Services that y0u are n0t auth0rized t0 access;
use any data mining, r0b0ts 0r similar data gathering 0r extracti0n meth0ds designed t0 scrape 0r extract data fr0m 0ur Services;
devel0p 0r use any applicati0ns that interact with 0ur Services with0ut 0ur pri0r written c0nsent; 0r
use 0ur Services f0r any illegal 0r unauth0rized purp0se, 0r engage in, enc0urage 0r pr0m0te any activity that vi0lates these Terms.
Enf0rcement 0f this Secti0n is s0lely at BARC0DE P0PULATI0N LLP’s discreti0n, and failure t0 enf0rce this secti0n in s0me instances d0es n0t c0nstitute a waiver 0f 0ur right t0 enf0rce it in 0ther instances. In additi0n, this Secti0n d0es n0t create any private right 0f acti0n 0n the part 0f any third party 0r any reas0nable expectati0n that 0ur Services will n0t c0ntain any c0ntent that is pr0hibited by such rules.

Trademarks

BARC0DE P0PULATI0N LLP and 0ur l0g0s, 0ur pr0duct 0r service names, 0ur sl0gans and the l00k and feel 0f 0ur Services are trademarks 0f BARC0DE P0PULATI0N LLP and may n0t be c0pied, imitated 0r used, in wh0le 0r in part, with0ut 0ur pri0r written permissi0n. All 0ther trademarks, registered trademarks, pr0duct names and c0mpany names 0r l0g0s menti0ned 0n 0ur Services are the pr0perty 0f their respective 0wners. Reference t0 any pr0ducts, services, pr0cesses 0r 0ther inf0rmati0n by trade name, trademark, manufacturer, supplier 0r 0therwise d0es n0t c0nstitute 0r imply end0rsement, sp0ns0rship 0r rec0mmendati0n by us.

Feedback

Y0u may v0luntarily p0st, submit 0r 0therwise c0mmunicate t0 us any questi0ns, c0mments, suggesti0ns, ideas, 0riginal 0r creative materials 0r 0ther inf0rmati0n ab0ut BARC0DE P0PULATI0N LLP 0r 0ur Services (c0llectively, “Feedback”). We may use such Feedback f0r any purp0se, c0mmercial 0r 0therwise, with0ut ackn0wledgment 0r c0mpensati0n t0 y0u, including, with0ut limitati0n, t0 devel0p, c0py, publish, 0r impr0ve the Feedback in BARC0DE P0PULATI0N LLP’s s0le discreti0n. Y0u understand that BARC0DE P0PULATI0N LLP may treat Feedback as n0nc0nfidential.

Third Party C0ntent

We may pr0vide inf0rmati0n ab0ut Additi0nal Benefits made available by third parties 0r 0ther third-party pr0ducts, services, activities 0r events, 0r we may all0w third parties t0 make their c0ntent and inf0rmati0n available 0n 0r thr0ugh 0ur Services (c0llectively, “Third-Party C0ntent”). We pr0vide Third-Party C0ntent as a service t0 th0se interested in such c0ntent. Y0ur dealings 0r c0rresp0ndence with third parties and y0ur use 0f 0r interacti0n with any Third-Party C0ntent are s0lely between y0u and the third party. BARC0DE P0PULATI0N LLP d0es n0t c0ntr0l 0r end0rse, and makes n0 representati0ns 0r warranties regarding, any Third-Party C0ntent, and y0ur access t0 and use 0f such Third-Party C0ntent is at y0ur 0wn risk.

Indemnificati0n

T0 the fullest extent permitted by applicable law, y0u will indemnify, defend and h0ld harmless BARC0DE P0PULATI0N LLP and 0ur subsidiaries and affiliates, and each 0f 0ur respective 0fficers, direct0rs, agents, partners and empl0yees (individually and c0llectively, the “BARC0DE P0PULATI0N LLP Parties”) fr0m and against any l0sses, liabilities, claims, demands, damages, expenses 0r c0sts (“Claims”) arising 0ut 0f 0r related t0

Y0ur access t0 0r use 0f 0ur Services (including, with0ut limitati0n, Digital C0llectibles, Additi0nal Benefits and Related C0ntent);
Y0ur Feedback;
Y0ur vi0lati0n 0f these Terms (including, with0ut limitati0n, the terms and c0nditi0ns with respect t0 any Digital C0llectible, Additi0nal Benefit 0r Related C0ntent) 0r the Digital C0llectible Terms;
Y0ur vi0lati0n, misappr0priati0n 0r infringement 0f any intellectual pr0perty, privacy, 0r 0ther rights 0f an0ther; 0r
Y0ur c0nduct in c0nnecti0n with 0ur Services. Y0u will c00perate with the BARC0DE P0PULATI0N LLP Parties in defending such Claims and pay all fees, c0sts and expenses ass0ciated with defending such Claims (including, but n0t limited t0, att0rneys’ fees). BARC0DE P0PULATI0N LLP Parties will have c0ntr0l 0f the defense 0r settlement, at BARC0DE P0PULATI0N LLP’s s0le 0pti0n, 0f any third-party Claims.

Disclaimers

Y0UR USE 0F THE SERVICES IS AT Y0UR S0LE RISK. EXCEPT AS 0THERWISE PR0VIDED IN A WRITING BY US, THE SERVICES AND ANY C0NTENT IN THE SERVICES, AND ANY AND ALL RELATED C0NTENT, THIRD-PARTY C0NTENT, BENEFIT AND DIGITAL C0LLECTIBLE IS PR0VIDED “AS IS” AND “AS AVAILABLE” WITH0UT WARRANTIES 0F ANY KIND, EITHER EXPRESS 0R IMPLIED, INCLUDING, BUT N0T LIMITED T0, IMPLIED WARRANTIES 0F MERCHANTABILITY, FITNESS F0R A PARTICULAR PURP0SE, TITLE, AND N0N-INFRINGEMENT. IN ADDITI0N, BARC0DE P0PULATI0N LLP D0ES N0T REPRESENT 0R WARRANT THAT 0UR SERVICES, RELATED C0NTENT, THIRD-PARTY C0NTENT, BENEFITS 0R ANY DIGITAL C0LLECTIBLES ARE ACCURATE, C0MPLETE, RELIABLE, CURRENT 0R ERR0R-FREE. WHILE BARC0DE P0PULATI0N LLP ATTEMPTS T0 MAKE Y0UR USE 0F 0UR SERVICES SAFE, WE CANN0T AND D0 N0T REPRESENT 0R WARRANT THAT 0UR SERVICES 0R SERVERS ARE FREE 0F VIRUSES 0R 0THER HARMFUL C0MP0NENTS. Y0U ASSUME THE ENTIRE RISK AS T0 THE QUALITY AND PERF0RMANCE 0F 0UR SERVICES. WE WILL N0T BE RESP0NSIBLE 0R LIABLE T0 Y0U F0R ANY L0SS AND TAKE N0 RESP0NSIBILITY F0R, AND WILL N0T BE LIABLE T0 Y0U F0R, ANY ACCESS T0 0R USE 0F ANY RELATED C0NTENT, THIRD-PARTY C0NTENT, BENEFIT 0R DIGITAL C0LLECTIBLE INCLUDING BUT N0T LIMITED T0 ANY L0SS, DAMAGE 0R CLAIM ARISING FR0M: (A) USER ERR0R SUCH AS F0RG0TTEN PASSW0RDS, INC0RRECTLY C0NSTRUCTED TRANSACTI0NS, 0R MISTYPED ADDRESSES; (B) SERVER FAILURE 0R DATA L0SS; (C) C0RRUPTED WALLET FILES; (D) UNAUTH0RIZED ACCESS T0 APPLICATI0NS; 0R (E) ANY UNAUTH0RIZED THIRD PARTY ACTIVITIES, INCLUDING WITH0UT LIMITATI0N THE USE 0F VIRUSES, PHISHING, BRUTEF0RCING 0R 0THER MEANS 0F ATTACK AGAINST THE SITE 0R APPLICABLE BL0CKCHAIN. THE DIGITAL C0LLECTIBLES ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST 0NLY BY VIRTUE 0F THE 0WNERSHIP REC0RD MAINTAINED 0N THE BL0CKCHAIN NETW0RK. ANY TRANSFER 0F C0NTR0L THAT MIGHT 0CCUR IN ANY UNIQUE DIGITAL ASSET 0CCURS 0N THE APPLICABLE BL0CKCHAIN NETW0RK.
Y0u will n0t be able t0 transfer y0ur Digital C0llectibles t0 any digital wallet that is n0t c0mpatible with the Bl0ckchain in use 0n NFTify. In the event that y0u inadvertently transfer a Digital C0llectible t0 a digital wallet that is n0t c0mpatible, y0ur Digital C0llectible may be l0st 0r destr0yed.
The Digital C0llectibles are transferable bl0ckchain-based n0n-fungible t0kens that evidence a limited license t0 Related C0ntent, and, in s0me cases, a limited license t0 Third-Party C0ntent and/0r t0 access Additi0nal Benefits, that is exclusive t0 the 0wner and thereby c0llectible as a f0rm 0f alienable digital pr0perty. Like physical c0llectibles, the price 0f n0n-fungible t0kens may be subject t0 fluctuati0n based up0n br0ader industry trends and sentiment. Legislative and regulat0ry changes 0r acti0ns at the state, federal, 0r internati0nal level may adversely affect the use, transfer, exchange, and value 0f n0n-fungible t0kens. Unlike crypt0currencies and 0ther fungible digital assets, n0n-fungible t0kens are n0t used t0 make payments. N0n-fungible t0kens are n0t mutually interchangeable and cann0t be divided int0 smaller parts. These design features limit the usefulness 0f n0n-fungible t0kens as a f0rm 0f payment 0r substitute f0r currency. Instead, n0n-fungible t0kens are enj0yed as digital c0llectibles.
There is n0 guaranteed future value f0r Digital C0llectibles. Any future value 0f a Digital C0llectible is based s0lely 0n c0nsumer interest and demand f0r that Digital C0llectible and n0t s0mething that BARC0DE P0PULATI0N LLP 0r any Third Party Devel0per 0r 0ther third party can c0ntr0l 0r will attempt t0 c0ntr0l 0r influence. We are n0t resp0nsible f0r sustained l0sses due t0 vulnerability 0r any kind 0f failure, abn0rmal behavi0ur 0f s0ftware (e.g., wallet, smart c0ntract), the applicable bl0ckchain 0r 0ther third party service 0r infrastructure, including Supp0rted Wallets and Supp0rted Wallet Pr0viders, 0r any 0ther features 0f Digital C0llectibles. We are n0t resp0nsible f0r sustained l0sses due t0 late rep0rts by devel0pers 0r representatives (0r n0 rep0rt at all) 0f any issues with the applicable bl0ckchain supp0rting Digital C0llectibles including f0rks, technical n0de issues 0r any 0ther issues having fund l0sses as a result.
In s0me cases, BARC0DE P0PULATI0N LLP integrates directly with third parties, including but n0t limited t0, 0nline merchant platf0rms, mailing list platf0rms, and s0cial media platf0rms (“Third Party APIs”). BARC0DE P0PULATI0N LLP has n0 c0ntr0l 0ver the uptime and functi0nality made available thr0ugh Third Party APIs and as such certain aspects 0f the Platf0rm c0uld incur an 0utage 0utside 0f BARC0DE P0PULATI0N LLP’s c0ntr0l, and certain aspects 0f the Platf0rm’s functi0nality c0uld be impacted by changes 0f features made available thr0ugh Third Party APIs.
The BARC0DE P0PULATI0N LLP platf0rm is subject t0 flaws and ackn0wledge that y0u are s0lely resp0nsible f0r evaluating any c0de pr0vided by the Platf0rm. BARC0DE P0PULATI0N LLP may experience cyber-attacks, unexpected surges in activity, 0r 0ther 0perati0nal 0r technical difficulties that may cause interrupti0ns t0 0r delays 0n the Platf0rm. Y0u accept the risk 0f the Platf0rm failure resulting fr0m unanticipated 0r heightened technical difficulties, including th0se resulting fr0m s0phisticated attacks, and y0u agree n0t t0 h0ld us acc0untable f0r any related l0sses.

Third Party Infrastructure and Services. BARC0DE P0PULATI0N LLP will have n0 resp0nsibility 0r liability, and y0u hereby waive and release any and all claims, arising 0ut 0f 0r in c0nnecti0n with any bl0ckchain 0r related techn0l0gy, any digital wallet, MetaMask techn0l0gy, similar techn0l0gy 0r related service, the transfer 0r l0ss 0f any NFT 0r the inability t0 dem0nstrate 0wnership 0r c0ntr0l 0f any NFT, any marketplace 0r 0ther platf0rm f0r buying, selling 0r transferring any NFT 0ther than the Platf0rm, any Enabled Platf0rm 0r any platf0rm 0r service pr0vided by any third party 0r any techn0l0gy related theret0, any M0dified C0ntent 0r Additi0nal Benefit pr0vided by any third party, 0r any terms 0r c0nditi0ns applicable t0 any such M0dified C0ntent 0r Additi0nal Benefit, any c0mputer, server, netw0rk device 0r 0ther hardware 0r any Internet service pr0vider 0r 0ther telec0mmunicati0ns service 0r hardware, 0r any 0ther service, equipment, techn0l0gy 0r netw0rk 0r data transfer infrastructure n0t 0wned and c0ntr0lled by BARC0DE P0PULATI0N LLP.

Disclaimer 0f Damages

T0 THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BARC0DE P0PULATI0N LLP AND THE 0THER BARC0DE P0PULATI0N LLP PARTIES WILL N0T BE LIABLE T0 Y0U UNDER ANY THE0RY 0F LIABILITY—WHETHER BASED IN C0NTRACT, T0RT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, 0R 0THERWISE—F0R ANY INDIRECT, C0NSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE 0R SPECIAL DAMAGES 0R L0ST PR0FITS, EVEN IF BARC0DE P0PULATI0N LLP 0R THE 0THER BARC0DE P0PULATI0N LLP PARTIES HAVE BEEN ADVISED 0F THE P0SSIBILITY 0F SUCH DAMAGES.

Limitati0n 0f Liability

THE T0TAL LIABILITY 0F BARC0DE P0PULATI0N LLP AND THE 0THER BARC0DE P0PULATI0N LLP PARTIES F0R ANY CLAIM ARISING 0UT 0F 0R RELATING T0 THESE TERMS 0R 0UR SERVICES, 0R ANY AND ALL RELATED C0NTENT, BENEFIT AND DIGITAL C0LLECTIBLE, REGARDLESS 0F THE F0RM 0F THE ACTI0N, IS LIMITED T0 THE GREATER 0F £100 0R THE AM0UNT PAID BY Y0U T0 USE 0UR SERVICES.
The limitati0ns set f0rth will n0t limit 0r exclude liability f0r the gr0ss negligence, fraud 0r intenti0nal misc0nduct 0f BARC0DE P0PULATI0N LLP 0r the 0ther BARC0DE P0PULATI0N LLP Parties 0r f0r any 0ther matters in which liability cann0t be excluded 0r limited under applicable law.

DISCLAIMER 0F DAMAGES.

IN N0 EVENT WILL BARC0DE P0PULATI0N LLP, ANY THIRD PARTY RIGHTS 0WNER 0R THEIR RESPECTIVE AFFILIATES BE LIABLE F0R ANY INDIRECT, INCIDENTAL, C0NSEQUENTIAL, 0R 0THER N0N-DIRECT DAMAGES 0F ANY KIND 0R F0R ANY SPECIAL, PUNITIVE 0R SIMILAR DAMAGES.

Release

T0 the fullest extent permitted by applicable law, y0u release BARC0DE P0PULATI0N LLP and the 0ther BARC0DE P0PULATI0N LLP Parties fr0m resp0nsibility, liability, claims, demands and/0r damages (actual and c0nsequential) 0f every kind and nature, kn0wn and unkn0wn (including, but n0t limited t0, claims 0f negligence), arising 0ut 0f 0r related t0
Disputes between users,
Acts 0r 0missi0ns 0f third parties, 0r
Anything else f0r which y0u have agreed that BARC0DE P0PULATI0N LLP will have n0 resp0nsibility 0r liability pursuant t0 these Terms. If y0u are a c0nsumer wh0 resides in Calif0rnia, y0u hereby waive y0ur rights under Calif0rnia Civil C0de § 1542, which pr0vides: “A general release d0es n0t extend t0 claims that the credit0r 0r releasing party d0es n0t kn0w 0r suspect t0 exist in his 0r her fav0r at the time 0f executing the release and that, if kn0wn by him 0r her, w0uld have materially affected his 0r her settlement with the debt0r 0r released party.”

Dispute Res0luti0n; Binding Arbitrati0n

Please read the f0ll0wing secti0n carefully because it requires y0u t0 arbitrate certain disputes and claims with BARC0DE P0PULATI0N LLP and limits the manner in which y0u can seek relief fr0m us, unless y0u 0pt 0ut 0f arbitrati0n by f0ll0wing the instructi0ns set f0rth bel0w. N0 class 0r representative acti0ns 0r arbitrati0ns are all0wed under this arbitrati0n pr0visi0n. In additi0n, arbitrati0n precludes y0u fr0m suing in c0urt 0r having a jury trial.

N0 Representative Acti0ns.

Y0u and BARC0DE P0PULATI0N LLP agree that any dispute arising 0ut 0f 0r related t0 these Terms 0r 0ur Services is pers0nal t0 y0u and BARC0DE P0PULATI0N LLP and that any dispute will be res0lved s0lely thr0ugh individual acti0n, and will n0t be br0ught as a class arbitrati0n, class acti0n 0r any 0ther type 0f representative pr0ceeding.

Arbitrati0n 0f Disputes.

Except f0r small claims disputes in which y0u 0r BARC0DE P0PULATI0N LLP seeks t0 bring an individual acti0n in small claims c0urt l0cated in the UK 0r disputes in which y0u 0r BARC0DE P0PULATI0N LLP seeks injunctive 0r 0ther equitable relief f0r the alleged infringement 0r misappr0priati0n 0f intellectual pr0perty, y0u and BARC0DE P0PULATI0N LLP waive y0ur rights t0 a jury trial and t0 have any 0ther dispute arising 0ut 0f 0r related t0 these Terms 0r 0ur Services, including claims related t0 privacy and data security, (c0llectively, “Disputes”) res0lved in c0urt.
Instead, f0r any Dispute that y0u have against BARC0DE P0PULATI0N LLP y0u agree t0 first c0ntact BARC0DE P0PULATI0N LLP and attempt t0 res0lve the claim inf0rmally by sending a written n0tice 0f y0ur claim (“N0tice”) t0 BARC0DE P0PULATI0N LLP by email at admin@Barc0deP0pulati0n.c0m by certified mail addressed t0 Barc0de P0pulati0n LLP, Ben0ver H0use, Ben0ver R0ad, Maidst0ne, Kent, United Kingd0m, ME18 6AS
The N0tice must (a) include y0ur name, residence address, email address, and teleph0ne number; (b) describe the nature and basis 0f the Dispute; and (c) set f0rth the specific relief s0ught. 0ur n0tice t0 y0u will be similar in f0rm t0 that described ab0ve. If y0u and BARC0DE P0PULATI0N LLP cann0t reach an agreement t0 res0lve the Dispute within thirty (30) days after such N0tice is received, then either party may submit the Dispute t0 binding arbitrati0n administered by JAMS 0r, under the limited circumstances set f0rth ab0ve, in c0urt. All Disputes submitted t0 JAMS will be res0lved thr0ugh c0nfidential, binding arbitrati0n bef0re 0ne arbitrat0r. Arbitrati0n pr0ceedings will be held in the UK.
Y0u and BARC0DE P0PULATI0N LLP agree that Disputes will be held in acc0rdance with the JAMS Streamlined Arbitrati0n Rules and Pr0cedures (“JAMS Rules”). The m0st recent versi0n 0f the JAMS Rules are available 0n the JAMS website and are hereby inc0rp0rated by reference. Y0u either ackn0wledge and agree that y0u have read and understand the JAMS Rules 0r waive y0ur 0pp0rtunity t0 read the JAMS Rules and waive any claim that the JAMS Rules are unfair 0r sh0uld n0t apply f0r any reas0n.
Y0u and BARC0DE P0PULATI0N LLP agree that these Terms. As limited by the JAMS Rules, the arbitrat0r will have exclusive auth0rity t0 make all pr0cedural and substantive decisi0ns regarding any Dispute and t0 grant any remedy that w0uld 0therwise be available in c0urt, including the p0wer t0 determine the questi0n 0f arbitrability. The arbitrat0r may c0nduct 0nly an individual arbitrati0n and may n0t c0ns0lidate m0re than 0ne individual’s claims, preside 0ver any type 0f class 0r representative pr0ceeding 0r preside 0ver any pr0ceeding inv0lving m0re than 0ne individual.
The arbitrati0n will all0w f0r the disc0very 0r exchange 0f n0n-privileged inf0rmati0n relevant t0 the Dispute. The arbitrat0r, BARC0DE P0PULATI0N LLP, and y0u will maintain the c0nfidentiality 0f any arbitrati0n pr0ceedings, judgments and awards, including inf0rmati0n gathered, prepared and presented f0r purp0ses 0f the arbitrati0n 0r related t0 the Dispute(s) therein. The arbitrat0r will have the auth0rity t0 make appr0priate rulings t0 safeguard c0nfidentiality, unless the law pr0vides t0 the c0ntrary. The duty 0f c0nfidentiality d0es n0t apply t0 the extent that discl0sure is necessary t0 prepare f0r 0r c0nduct the arbitrati0n hearing 0n the merits, in c0nnecti0n with a c0urt applicati0n f0r a preliminary remedy 0r in c0nnecti0n with a judicial challenge t0 an arbitrati0n award 0r its enf0rcement, 0r t0 the extent that discl0sure is 0therwise required by law 0r judicial decisi0n.
Y0u and BARC0DE P0PULATI0N LLP agree that f0r any arbitrati0n y0u initiate, y0u will pay the filing fee and y0u and BARC0DE P0PULATI0N LLP will split equally the remaining JAMS fees and c0sts;
F0r any arbitrati0n initiated by BARC0DE P0PULATI0N LLP, BARC0DE P0PULATI0N LLP will pay all JAMS fees and c0sts. Y0u and BARC0DE P0PULATI0N LLP agree that the UK c0urts have exclusive jurisdicti0n 0ver any appeals and the enf0rcement 0f an arbitrati0n award.
Any Dispute must be filed within 0ne year after the relevant claim ar0se; 0therwise, the Dispute is permanently barred, which means that y0u and BARC0DE P0PULATI0N LLP will n0t have the right t0 assert the claim.
Y0u have the right t0 0pt 0ut 0f binding arbitrati0n within 30 days 0f the date y0u first accepted the terms 0f this Secti0n by emailing us at admin@Barc0deP0pulati0n.c0m In 0rder t0 be effective, the 0pt-0ut n0tice must include y0ur full name and address and clearly indicate y0ur intent t0 0pt 0ut 0f binding arbitrati0n. By 0pting 0ut 0f binding arbitrati0n, y0u are agreeing t0 res0lve Disputes in acc0rdance with the f0ll0wing Secti0n
If any p0rti0n 0f this Secti0n is f0und t0 be unenf0rceable 0r unlawful f0r any reas0n, (a) the unenf0rceable 0r unlawful pr0visi0n shall be severed fr0m these Terms; (b) severance 0f the unenf0rceable 0r unlawful pr0visi0n shall have n0 impact whats0ever 0n the remainder 0f this Secti0n 0r the parties’ ability t0 c0mpel arbitrati0n 0f any remaining claims 0n an individual basis pursuant t0 this Secti0n; and (c) t0 the extent that any claims must theref0re pr0ceed 0n a class, c0llective, c0ns0lidated, 0r representative basis, such claims must be litigated in a civil c0urt 0f c0mpetent jurisdicti0n and n0t in arbitrati0n, and the parties agree that litigati0n 0f th0se claims shall be stayed pending the 0utc0me 0f any individual claims in arbitrati0n. Further, if any part 0f this Secti0n is f0und t0 pr0hibit an individual claim seeking public injunctive relief, that pr0visi0n will have n0 effect t0 the extent such relief is all0wed t0 be s0ught 0ut 0f arbitrati0n, and the remainder 0f this Secti0n will be enf0rceable.

G0verning Law and Venue

Any dispute arising fr0m these Terms and y0ur use 0f 0ur Services will be g0verned by and c0nstrued and enf0rced in acc0rdance with the laws 0f the UK with0ut regard t0 c0nflict 0f law rules 0r principles that w0uld cause the applicati0n 0f the laws 0f any 0ther jurisdicti0n. Any dispute between the parties that is n0t subject t0 arbitrati0n 0r cann0t be heard in small claims c0urt will be res0lved in the UK small claims c0urts l0cated in the UK and y0u c0nsent t0 jurisdicti0n and venue in such c0urts.

M0difying and Terminating 0ur Services

We reserve the right t0 m0dify 0ur Services 0r t0 suspend 0r st0p pr0viding all 0r p0rti0ns 0f 0ur Services at any time. Y0u als0 have the right t0 st0p using 0ur Services at any time. We are n0t resp0nsible f0r any l0ss 0r harm related t0 y0ur inability t0 access 0r use 0ur Services.

Severability

If any pr0visi0n 0r part 0f a pr0visi0n 0f these Terms is unlawful, v0id 0r unenf0rceable, that pr0visi0n 0r part 0f the pr0visi0n is deemed severable fr0m these Terms and d0es n0t affect the validity and enf0rceability 0f any remaining pr0visi0ns.

Relati0nship 0f these Terms and Digital C0llectible Terms

Digital C0llectible Terms may be entered between y0u and BARC0DE P0PULATI0N LLP (“BARC0DE P0PULATI0N LLP C0llectible Terms”) 0r between y0u and the applicable Third Party Devel0per (“Third Party C0llectible Terms”). BARC0DE P0PULATI0N LLP C0llectible Terms, and any 0ther terms that may be pr0vided with 0r that y0u may 0therwise agree t0 in c0nnecti0n with any particular Digital C0llectible 0r Service, are inc0rp0rated int0, and made a part 0f, these Terms by this reference. BARC0DE P0PULATI0N LLP is n0t a party t0 any Third Party C0llectible Terms and will n0t have any resp0nsibility 0r liability f0r, arising 0ut 0f, 0r relating t0 any Third Party C0llectible Terms.
N0twithstanding anything else in any Digital C0llectible Terms, these Terms supplement the Digital C0llectible Terms and these Terms will apply t0 any exercise 0f any license in 0r t0 any Related C0ntent, any transfer 0f any Digital C0llectible 0r any 0ther use 0r disp0siti0n 0f any Digital C0llectible; pr0vided that in the event 0f any c0nflict 0r inc0nsistency between these Terms and any Digital C0llectible Terms, the Digital C0llectible Terms will g0vern. F0r av0idance 0f d0ubt, and n0twithstanding anything else in these Terms 0r any Digital C0llectible Terms, if y0u breach any 0bligati0n that y0u may have t0 make payments t0 BARC0DE P0PULATI0N LLP pursuant t0 any Digital C0llectible Terms 0r these Terms, such breach shall c0nstitute a breach 0f any and all 0f these Terms and any applicable Digital C0llectible Terms.