TERMS AND CONDITIONS – WORLD OF WOMEN
WOW STUDIO LIMITED (“World of Women”) celebrates representation, inclusivity and equal opportunities for all, through its community, Web3 initiatives and collections of non-fungible tokens (“NFT”) based on the Ethereum blockchain to which are attached visual assets representing unique, powerful and diverse women (“World of Women NFT”).
These terms and conditions (“Terms”) rule the relationship between World of Women and any person (“User”, “You”) accessing and/or using World of Women’s website (the “WoW Website”).
Please read these Terms carefully before using the WoW Website and entering the WORLD OF WOMEN!
1 CONDITIONS OF USE OF WOW WEBSITE
WOW WEBSITE IS INTENDED TO USERS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD. THUS, BY USING THE WOW WEBSITE, YOU CONFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND YOU ARE DEEMED TO HAVE READ AND ACCEPTED THESE TERMS EXHAUSTIVELY AND UNCONDITIONALLY.
IF THE USER IS UNDER EIGHTEEN (18) YEARS OLD, THE USER UNDERTAKES TO OBTAIN THE PRIOR AND EXPRESS CONSENT OF HIS/HER PARENT OR LEGAL GUARDIAN TO USE THE WOW WEBSITE AND TO REVIEW THE TERMS WITH THEM. THE PARENT OR LEGAL GUARDIAN OF A USER UNDER EIGHTEEN (18) YEARS OLD UNDERTAKES TO ABIDE BY THESE TERMS AND ACKNOWLEDGES TO BE RESPONSIBLE FOR THE ACTIVITIES OF THE USER ON THE WOW WEBSITE.
IN CASE OF DISAGREEMENT, IN WHOLE OR IN PART, WITH THESE TERMS, YOU MUST IMMEDIATELY CEASE ANY AND ALL USE OF THE WOW WEBSITE.
2 AMENDMENT TO THE TERMS
The Terms may be updated from time to time as World of Women may deem necessary or useful.
In the event you do not agree to the Terms, including as amended, you shall cease any and all utilisation of the WoW Website and related Services.
3 ACCESS TO WOW WEBSITE
You are personally responsible for setting up the IT and telecommunications resources required to access WoW Website and use the Services. You shall bear the cost of telecommunications when accessing the Internet using the WoW Website.
World of Women reserves the right to, without notice nor compensation, temporarily or permanently, close the WoW Website or access to one or more Services in order to perform maintenance operations. World of Women may carry out any changes and improvements to WoW Website and Services that it deems necessary.
4.1 General Services
WoW Website gives you access to functionalities, features and services related to the World of Women NFT collections and community (the “Services”).
Access to some Services may only be available to holder of World of Women NFT and require proof of ownership by connecting a supported blockchain-based digital wallet to WoW Website (“Digital Wallet”).
Digital Wallets are third-party products and services that are not affiliated, in any way whatsoever, with World of Women nor in its custody or control and. Access and use of Digital Wallets are at the User’s own risk and discretion and subject to their own applicable terms.
You are the sole responsible for your Digital Wallet security, including associated passwords, seed words, and keys. World of Women shall not, in any event whatsoever, be held responsible for any risk associated with your access and/or use of a Digital Wallet. In the event you lose or can no longer access your Digital Wallet, World of Women cannot retrieve your World of Women NFT from your Digital Wallet.
4.2 NFT primary sale Services on WoW Website
WoW Website may give you access to primary sales of World of Women NFT through one or several of the following access rights: free mint for holders of World of Women NFT, allow list and/or public sale.
You will be required to connect your Digital Wallet to WoW Website in order to, depending on the rights you have been granted on the primary sale, (i) where applicable, confirm your current ownership of a World of Women NFT, and/or (ii) where applicable, transfer to World of Women the applicable purchase price, and (iii) receive the NFT you acquired.
Applicable purchase price of the World of Women NFT are set forth on WoW Website and are binding at the time of purchase. All sales are made in Ethereum (ETH). Additional fees (including gas fees) may be required at the time of purchase to complete the sale. World of Women does not monitor nor benefit from these fees.
World of Women will directly transfer the World of Women NFT you acquired to the supported Digital Wallet you connected to WoW Website, depending the case and where applicable, upon confirmation of ownership of a World of Women NFT or upon receipt of the corresponding purchase price.
All sales completed on WoW Website are final. Pursuant to applicable law, you acknowledge that no withdrawal, return and/or refund rights may apply.
4.3 NFT secondary sale on third-party platform
User may resell and/or purchase World of Women NFT on third-party platforms as part of secondary sales.
Platforms dedicated to secondary sales are third-party services that are not affiliated with World of Women and which access and use are at user’s own risk and discretion and subject to their own applicable terms.
World of Women may benefit from a percentage of the resale price of your World of Women NFT, as set forth on the WoW Website and subject to the third-party platform’s policy on which the resale is completed.
You undertake to only resell and/or purchase World of Women NFT on third-party platforms that (i) cryptographically verify each NFT owner’s rights to display and list a World of Women NFT for sale, to ensure that only the actual owner of this NFT can proceed with its resale, and (ii) provide for a percentage of the resale price to be automatically granted to World of Women upon resale.
By reselling and/or purchasing a World of Women NFT on an authorised third-party platform, you agree to abide by these Terms.
5 INTELLECTUAL PROPERTY
5.1 Digital ownership of World of Women NFT
By purchasing, owning, reselling and/or using, in any way whatsoever, a World of Women NFT, you are deemed to have read and agreed to abide to the digital ownership assignment agreement available on WoW Website: Digital Ownership Agreement. In case of contradiction between these Terms and the Digital Ownership Agreement with regard to intellectual property rights on World of Women NFT and associated visual asset, the Digital Ownership Agreement shall prevail.
Property of World of Women
WoW Website and its content are the exclusive property of World of Women. The Terms shall under no circumstances be interpreted as a transfer of any of World of Women’s rights of any kind, except as provided in the Digital Ownership Agreement.
Any content not provided by the User or expressly licensed and/or assigned by World of Women, including data, functionality, text, names, designations, images, photographs, graphic elements, visual assets, logos, trademarks, sounds, files, technologies, know-how, and, more generally, all intellectual property rights relating to WoW Website and its content, are the exclusive property of World of Women (“WoW Property”).
None of WoW Property shall be downloaded, extracted, copied, modified, deleted, distributed, transmitted, broadcast, sold, rented, conceded or exploited in any way whatsoever, except as expressly authorized in these Terms or by prior and written consent of World of Women.
6 UNDERTAKINGS OF THE PARTIES
6.1 Users undertakings
Users shall not, directly or indirectly, without being expressly authorised in these Terms and/or the Digital Ownership Agreement, or by prior and written consent of World of Women, in any way whatsoever:
- (I) copy, modify, communicate, transmit or create any derivative work, use, commercialize or reproduce all or part of WoW Website and/or WoW Property, and related intellectual property rights of World of Women, or register or attempt to register any trademark or copyright or otherwise acquire additional intellectual property rights in or to any WoW Property; use the WoW Website or any WoW Property to create, endorse, support, promote or condone any content, material or speech that is, or may be deemed to be by World of Women at its sole discretion, defamatory, obscene, pornographic, indecent, abusive, offensive, harassing, violent, hateful, racist, discriminatory, inflammatory or otherwise objectionable or inappropriate; and, in general, access, download, upload, share, communicate any content and/or use WoW Website or the WoW Property in a way that may infringe the rights, including intellectual property rights, of World of Women or third parties, damage the reputation, rights and interests of World of Women, or falsely suggest an affiliation with or endorsement by World of Women.
- (II) decompile, disassemble WoW Website, reverse engineer or attempt to discover or reconstruct the source code, the ideas on which it is based, the algorithms, the file formats or the programming or interoperability interfaces of WoW Website except to the extent permitted by the legislation in force, in any manner whatsoever. In the event the User wishes to obtain the information necessary to implement the interoperability of WoW Website with other software developed or independently acquired by the User, for use in accordance with the destination of WoW Website, the User undertakes, before relying on a third party, to first consult World of Women which may provide the necessary information for the implementation of such interoperability. The User acknowledge that, where appropriate, the exact cost generated internally at World of Women for providing this information will be invoiced by World of Women to the User;
- (III) proceed alone, or with help of a third-party service provider, to the correction of any errors in WoW Website in order to make it conform to her/his own purposes, World of Women alone reserving for itself the exercise of this right in accordance with exceptions provided by legislations in force; or integrate or combine WoW Website with other software or documents or create composite or derivative works with help of all or parts of WoW Website;
and, in general, violates any law or regulation, or make any use of the WoW Website, Services or WoW Property that may be deemed contrary to public order or unfair.
6.2 Undertakings of World of Women
World of Women endeavors to (i) act honestly, fairly and professionally, (ii) communicate with the holders of World of Women NFT in a fair, clear and not misleading manner, (iii) prevent, identify, manage and disclose any conflicts of interest that may arise, (iv) maintain all of its systems and security access protocols to appropriate standards of applicable laws and regulations, and, in general (v) act in the best interests of the holders of World of Women NFT and treat them equally, unless provided otherwise on WoW Website or any other marketing communications of World of Women.
7.1 WoW Website security
World of Women shall make its best efforts to deploy the necessary resources to ensure Users’ access to and effective operation of WoW Website twenty-four hours a day (24/24h) and seven days a week (7/7). However, given the limitations related to the Internet, World of Women cannot exclude that access and operation of WoW Website may be interrupted, in particular in event of force majeure, malfunction of the Users’ equipment, malfunctions of the Users’ Internet networks and/or maintenance operations designed to improve WoW Website.
The User hereby represents, warrants, and agrees that, when accessing and/or using WoW Website and Services, the User shall refrain from any act and/or omission which could, in any way whatsoever (i) jeopardize the security of WoW Website; (ii) attempts, in any manner, to obtain passwords or other security information from any other User; (iii) violates the security of any computer network, or cracks any passwords or security encryption codes; (iv) runs any processes that interfere with the proper working of the WoW Website and Services; (v) disturb, hinder and/or prevent the proper functioning of the WoW Website and Services by actions or omissions of any kind whatsoever (notably by downloading viruses or malicious code whatsoever or by performing hacking activities of any nature or that otherwise interfere with the proper functioning of the WoW Website and Services).
7.2 Malicious third parties
Please be aware that malicious third parties may offer for sale NFT counterfeiting WoW Property and/or falsely act as affiliated to or endorsed by World of Women. In case of doubt, please contact World of Women in accordance with Article 12 below.
Your interactions with these third parties at are your own risks and discretion. World of Women is not responsible, in any way whatsoever, for any act or omission of said malicious third parties nor any adverse consequence to your interactions with them.
World of Women offers Services related to crypto-assets (NFT) that are unique and not fungible with other crypto-assets. Each World of Women NFT is unique and exclusive to its owner.
World of Women is not a provider of digital asset services including, but not limited to, services regarding initial coin offering; custody of digital assets on behalf of third parties or access to digital assets for the purpose of holding, storing and transferring digital assets; the purchase and sale of digital assets in legal tender; the exchange of digital assets for other digital assets; the operation of a digital asset trading platform; or any services related to third party order reception and transmission, third party portfolio management, advice, underwriting, guaranteed placement and unguaranteed placement.
World of Women does not provide asset intermediation services including, but not limited to, services related to the offer, to clients or potential clients, to acquire rights on one or more assets on the basis of the possibility of a direct or indirect financial return or similar economic effect.
In this regard, the User hereby represents, warrants, and agrees that any use of the WoW Website and Services, including any purchase of a World of Women NFT, is made for its sole personal collection, use and enjoyment. User shall refrain from any act and/or omission which could, in any way whatsoever, be interpreted as or suggest that (i) the User is accessing or using the WoW Website and/or Services, including purchasing a World of Women NFT, for speculative or investment purposes, for use as a substitute for currency or other medium of exchange, or for resale or redistribution, or that (ii) accessing or using the WoW Website and/or Services, including purchasing a World of Women NFT, may constitute an opportunity to gain economic benefit or profit, or an investment, equity, or other ownership or profit-sharing interest in World of Women or its affiliates or business partners of any kind. In this regard, World of Women makes no warranties whatsoever with regard to any future value or resale price of World of Women NFT.
You are the sole responsible for your compliance with applicable laws and regulations, including tax obligations in relation with NFT and cryptocurrencies. Please be aware that changes in applicable laws and regulations may impact the Services and your rights and obligations regarding your World of Women NFT.
9 WARRANTY AND LIABILITY
It is expressly agreed that World of Women obligations under these Terms are obligations of means. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE USER EXPRESSLY ACKNOWLEDGES THAT THE WOW WEBSITE, SERVICES, INCLUDING WORLD OF WOMEN NFT, ARE PROVIDED BY WORLD OF WOMEN “AS IS”. OTHER THAN AS PROVIDED IN THESE TERMS AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WORLD OF WOMEN MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES.
World of Women makes no warranties whatsoever, regarding WoW Website, the Services, and any transaction involving, in whole or in part, World of Women NFT and/or cryptocurrencies, including, but not limited to, with regard to any risk associated with World of Women NFT, such as, risk of failure to transfer the NFT to the User due to an error, such as forgotten passwords, mistyped addresses or incorrectly constructed transactions, mining attacks, cybersecurity attacks, blockchain malfunctions or other technical errors, telecommunications failure, unfavourable regulatory determinations or actions in one or more jurisdictions (including with respect to NFTs and/or cryptocurrencies), taxation of NFTs or cryptocurrencies, personal information disclosure, uninsured losses, unanticipated risks, volatility risks, server failure or data loss, corrupted or otherwise inaccessible digital wallets, unauthorised access, inability to access, transfer or display the NFT, risks arising from third-party providers, including third-party providers that may mint and/or store the NFT, and any damages arising from any unauthorised third-party activities, including without limitation the introduction of viruses or other malicious code, phishing attacks, sybil attacks, fifty-one percent (51%) attacks, brute forcing changes to the protocol rules of the blockchain (i.e., “forks”), or other means of attack that may affect, in any way, the NFT.
World of Women does not warrant that the User’s access and use of WoW Website and the Services will be uninterrupted, timely and free from errors, malfunctions, viruses and malicious codes of any kind whatsoever. No information provided on WoW Website is ever guaranteed in any way whatsoever.
The User expressly acknowledges and accepts that electronic communications may not be free from interferences with third parties. World of Women shall in no event be liable for any damages, losses, costs, expenses and loss of profit, of whatever nature and kind, resulting from or arising out of such interference with third parties through the Internet network.
The User shall indemnify, defend and hold World of Women, and its directors, officers, employees, and agents (collectively, "WoW Claimants") harmless from and against any and all claims, liabilities, judgments, awards, losses, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees), arising out from (i) any breach by the User, or any of its respective employees or agents if any, of this Terms or of any warranty, representation, covenant or obligation contained herein; (ii) any infringement or alleged infringement on the part of WoW Claimants in connection with any and all use of the WoW Website, Services and/or World of Women NFT by the User. World of Women undertakes to promptly notify the User in writing of the claim or suit or any claim of infringement.
9.3 Limitation of liability
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT DAMAGES CAUSED TO THE OTHER PARTY IN RELATION TO ACCESS AND/OR USE OF WOW WEBSITE AND/OR THE SERVICES.
10.1 Breach of Terms
If the User’s utilisation of WoW Website is deemed in breach of the Terms, whether as a result of a substantial violation or repeated minor violations, World of Women reserves the right to limit, suspend or terminate, temporarily or permanently, as of right, without any indemnification, compensation or refund whatsoever being owed and without any prejudice to any legal action that World of Women may be entitled to, the User’s access to WoW Website and/or the Services available to the User. World of Women shall inform the User, without undue delay, of its decision to suspend or limit the User’s rights and may, at its discretion, decide to restore the User’s rights.
10.2 Third party content
WoW Website may display hypertext links redirecting the User to third party websites and/or applications. World of Women shall not be held liable, in any way whatsoever, in respect of any hypertext links to third parties that may be accessible on WoW Website. In this respect, please note that World of Women neither has any control over the content published by such third parties nor monitors such content. As a result, World of Women shall in no event be held liable in respect of any content published by third parties whatsoever. The User is hereby invited to duly read the terms and conditions governing third-party websites and applications that the User may access by clicking on hypertext links displayed on WoW Website and related website pages.
In the event that any content posted on WoW Website does not comply with these Terms and/or infringes applicable legal and regulatory provisions, in particular because it constitutes manifestly unlawful content (e.g., defamatory, denigrating or infringing on the User's intellectual property rights), any User may report such infringement by contacting World of Women in accordance with Article 12.
World of Women may transfer all or part of its rights and obligations under these Terms to any entity, affiliate, subsidiary or third-party, including, but not limited to, in case of merger, division, partial asset transfer or full or partial business disposal. The User shall not transfer all or part of its obligations under these Terms, in any way whatsoever, without the express prior written agreement of World of Women.
In the event any one or more of the provisions of these Terms are unenforceable, it shall be stricken from the applicable document, but the remainder of the Terms shall be unimpaired. The provisions declared unenforceable shall be replaced by the provisions that are closest in meaning and scope to the initial provisions.
10.5 Electronic communication
In accordance with applicable law, the User acknowledges and agrees that information exchanged between the User and World of Women in electronic format (notably by email) shall be deemed valid means of proof, equivalent to information in paper format.
11 APPLICABLE LAW
The validity of these Terms and any of its terms and provisions, as well as the rights and duties of the Parties hereunder, shall be governed, interpreted and enforced in accordance with the laws of France.
In the event of a dispute arising between the parties regarding the interpretation, execution or termination of these Terms, the parties shall endeavour to resolve such issue through amicable means. Failing so, the most diligent party shall refer the dispute to competent jurisdictions.
In the event of a dispute or claim in connection with these Terms, the European Commission provides a platform facilitating the independent and amicable settlement of online disputes for the benefit of Users qualified as consumers under applicable law, accessible at the following address: https://ec.europa.eu/consumers/odr/.
You can contact World of Women via the following means if you have any question, request, or claim: