NIGHT WATCH IS AN EXPERIMENTAL, UNIQUE, AND DEFLATIONARY ART COLLECTION WITH AN ON-CHAIN GAME AIMS TO TAKE THE CRYPTOART COMMUNITY TO THE NEXT LEVEL WITH IT'S REVOLUTIONARY NEW MECHANISMS.
THESE TERMS AND CONDITIONS (“TERMS”) RULE THE RELATIONSHIP BETWEEN NIGHT WATCH AND ANY PERSON (“USER”, “YOU”) ACCESSING AND/OR USING NIGHT WATCH’S WEBSITE (WWW.NIGHTWATCH.ART, ALSO REFERRED TO HEREIN AS “NIGHT WATCH WEBSITE”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE NIGHT WATCH WEBSITE.
THE NIGHT WATCH WEBSITE IS INTENDED TO USERS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD. THUS, BY USING THE NIGHT WATCH 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 NIGHT WATCH 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 NIGHT WATCH WEBSITE. IN CASE OF YOUR DISAGREEMENT, IN WHOLE OR IN PART, WITH THESE TERMS, YOU MUST IMMEDIATELY CEASE ANY AND ALL USE OF THE NIGHT WATCH WEBSITE.
THE TERMS MAY BE UPDATED FROM TIME TO TIME AS NIGHT WATCH MAY DEEM NECESSARY OR USEFUL. IN THE EVENT YOU DO NOT AGREE TO THE TERMS, INCLUDING AS MAY BE AMENDED, YOU SHALL CEASE ANY AND ALL UTILIZATION OF THE NIGHT WATCH WEBSITE AND RELATED SERVICES.
YOU ARE PERSONALLY RESPONSIBLE FOR SETTING UP THE IT AND TELECOMMUNICATIONS RESOURCES REQUIRED TO ACCESS THE NIGHT WATCH WEBSITE AND USE THE SERVICES. YOU SHALL BEAR THE COST OF TELECOMMUNICATIONS WHEN ACCESSING THE INTERNET TO USE THE NIGHT WATCH WEBSITE. NIGHT WATCH RESERVES THE RIGHT TO, WITHOUT NOTICE NOR COMPENSATION, TEMPORARILY OR PERMANENTLY, CLOSE THE NIGHT WATCH WEBSITE OR ACCESS TO ONE OR MORE SERVICES IN ORDER TO PERFORM MAINTENANCE OPERATIONS. NIGHT WATCH MAY CARRY OUT ANY CHANGES AND IMPROVEMENTS TO THE NIGHT WATCH WEBSITE AND SERVICES THAT IT DEEMS NECESSARY.
THE NIGHT WATCH WEBSITE GIVES YOU ACCESS TO FUNCTIONALITIES, FEATURES AND SERVICES RELATED TO NIGHT WATCH NFT COLLECTIONS AND COMMUNITY (THE “SERVICES”). ACCESS TO SOME SERVICES MAY ONLY BE AVAILABLE TO THE HOLDER OF A NIGHT WATCH NFT AND REQUIRE PROOF OF OWNERSHIP BY CONNECTING A SUPPORTED BLOCKCHAIN-BASED DIGITAL WALLET TO THE NIGHT WATCH WEBSITE (“DIGITAL WALLET”). DIGITAL WALLETS ARE THIRD-PARTY PRODUCTS AND SERVICES THAT ARE NOT AFFILIATED, IN ANY WAY WHATSOEVER, WITH NIGHT WATCH NOR IN ITS CUSTODY OR CONTROL. ACCESS AND USE OF DIGITAL WALLETS ARE AT THE USER’S OWN RISK AND DISCRETION AND SUBJECT TO THEIR OWN APPLICABLE TERMS. YOU ARE SOLELY RESPONSIBLE FOR YOUR DIGITAL WALLET SECURITY, INCLUDING ASSOCIATED PASSWORDS, SEED WORDS, AND KEYS. NIGHT WATCH 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, NIGHT WATCH CANNOT RETRIEVE YOUR NIGHT WATCH NFT FROM YOUR DIGITAL WALLET.
USER MAY RESELL AND/OR PURCHASE NIGHT WATCH NFT ON THIRD-PARTY PLATFORMS AS PART OF SECONDARY SALES. PLATFORMS DEDICATED TO SECONDARY SALES ARE THIRD-PARTY SERVICES THAT ARE NOT AFFILIATED WITH NIGHT WATCH AND WHICH ACCESS AND USE ARE AT USER’S OWN RISK AND DISCRETION AND SUBJECT TO THEIR OWN APPLICABLE TERMS. NIGHT WATCH MAY BENEFIT FROM A PERCENTAGE OF THE RESALE PRICE OF YOUR NIGHT WATCH NFT, AS SET FORTH ON THE NIGHT WATCH WEBSITE AND SUBJECT TO THE THIRD-PARTY PLATFORM’S POLICY ON WHICH THE RESALE IS COMPLETED. YOU UNDERTAKE TO ONLY RESELL AND/OR PURCHASE NIGHT WATCH NFT ON THIRD-PARTY PLATFORMS THAT (I) CRYPTOGRAPHICALLY VERIFY EACH NFT OWNER’S RIGHTS TO DISPLAY AND LIST A NIGHT WATCH 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 NIGHT WATCH UPON RESALE. BY RESELLING AND/OR PURCHASING A NIGHT WATCH NFT ON AN AUTHORIZED THIRD-PARTY PLATFORM, YOU AGREE TO ABIDE BY THESE TERMS.
USERS SHALL NOT, DIRECTLY OR INDIRECTLY, WITHOUT BEING EXPRESSLY AUTHORIZED BY THESE TERMS AND/OR THE DIGITAL OWNERSHIP ASSIGNMENT, OR BY PRIOR WRITTEN CONSENT OF NIGHT WATCH, IN ANY WAY WHATSOEVER: (I) COPY, MODIFY, COMMUNICATE, TRANSMIT OR CREATE ANY DERIVATIVE WORK, USE, COMMERCIALIZE OR REPRODUCE ALL OR PART OF THE NIGHT WATCH WEBSITE AND/OR NIGHT WATCH PROPERTY, AND RELATED INTELLECTUAL PROPERTY RIGHTS OF NIGHT WATCH, OR REGISTER OR ATTEMPT TO REGISTER ANY TRADEMARK OR COPYRIGHT OR OTHERWISE ACQUIRE ADDITIONAL INTELLECTUAL PROPERTY RIGHTS IN OR TO ANY NIGHT WATCH PROPERTY; USE THE NIGHT WATCH WEBSITE OR ANY NIGHT WATCH PROPERTY TO CREATE, ENDORSE, SUPPORT, PROMOTE OR CONDONE ANY CONTENT, MATERIAL OR SPEECH THAT IS, OR MAY BE DEEMED TO BE BY NIGHT WATCH 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 THE NIGHT WATCH WEBSITE OR NIGHT WATCH PROPERTY IN A WAY THAT MAY INFRINGE THE RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OF NIGHT WATCH OR THIRD PARTIES, DAMAGE THE REPUTATION, RIGHTS AND INTERESTS OF NIGHT WATCH, OR FALSELY SUGGEST AN AFFILIATION WITH OR ENDORSEMENT BY NIGHT WATCH. AND, IN GENERAL, VIOLATE ANY LAW OR REGULATION, OR MAKE ANY USE OF THE NIGHT WATCH WEBSITE, SERVICES OR NIGHT WATCH PROPERTY THAT MAY BE DEEMED CONTRARY TO PUBLIC ORDER OR UNFAIR.
NIGHT WATCH ENDEAVORS USE REASONABLE EFFORTS TO (I) ACT HONESTLY, FAIRLY AND PROFESSIONALLY, (II) COMMUNICATE WITH THE HOLDERS OF NIGHT WATCH NFT IN A FAIR AND CLEAR 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 NIGHT WATCH NFT AND TREAT THEM EQUALLY, UNLESS PROVIDED OTHERWISE ON THE NIGHT WATCH WEBSITE OR ANY OTHER NOTICE BY NIGHT WATCH.
NIGHT WATCH SHALL MAKE ITS BEST EFFORTS TO DEPLOY THE NECESSARY RESOURCES TO ENSURE USERS’ ACCESS TO AND EFFECTIVE OPERATION OF THE NIGHT WATCH WEBSITE TWENTY-FOUR HOURS A DAY AND SEVEN DAYS A WEEK. HOWEVER, GIVEN THE LIMITATIONS RELATED TO THE INTERNET, NIGHT WATCH CANNOT GUARANTEE THAT ACCESS AND OPERATION OF THE NIGHT WATCH WEBSITE WILL NOT BE INTERRUPTED, SUCH AS IN EVENT OF FORCE MAJEURE, MALFUNCTION OF THE USERS’ EQUIPMENT, MALFUNCTIONS OF THE USERS’ INTERNET NETWORKS AND/OR MAINTENANCE OPERATIONS DESIGNED TO IMPROVE THE NIGHT WATCH WEBSITE. THE USER HEREBY REPRESENTS, WARRANTS, AND AGREES THAT, WHEN ACCESSING AND/OR USING THE NIGHT WATCH WEBSITE AND SERVICES, THE USER SHALL REFRAIN FROM ANY ACT AND/OR OMISSION WHICH COULD, IN ANY WAY WHATSOEVER (I) JEOPARDIZE THE SECURITY OF THE NIGHT WATCH WEBSITE; (II) ATTEMPT, IN ANY MANNER, TO OBTAIN PASSWORDS OR OTHER SECURITY INFORMATION FROM ANY OTHER USER; (III) VIOLATE THE SECURITY OF ANY COMPUTER NETWORK, OR CRACKS ANY PASSWORDS OR SECURITY ENCRYPTION CODES; (IV) RUN ANY PROCESSES THAT INTERFERE WITH THE PROPER WORKING OF THE NIGHT WATCH WEBSITE AND SERVICES; (V) DISTURB, HINDER AND/OR PREVENT THE PROPER FUNCTIONING OF THE NIGHT WATCH WEBSITE AND SERVICES (SUCH AS, BUT NOT LIMITED TO, DOWNLOADING VIRUSES OR MALICIOUS CODE WHATSOEVER OR BY PERFORMING HACKING ACTIVITIES OF ANY NATURE OR THAT OTHERWISE INTERFERE WITH THE PROPER FUNCTIONING OF THE NIGHT WATCH WEBSITE AND SERVICES).
PLEASE BE AWARE THAT MALICIOUS THIRD PARTIES MAY OFFER FOR SALE NFT COUNTERFEITED NIGHT WATCH PROPERTY AND/OR FALSELY ACT AS AFFILIATED TO OR ENDORSED BY NIGHT WATCH. IN CASE OF DOUBT, PLEASE CONTACT NIGHT WATCH IN ACCORDANCE WITH ARTICLE 12 BELOW. YOUR INTERACTIONS WITH THESE THIRD PARTIES ARE AT YOUR OWN RISKS AND DISCRETION. NIGHT WATCH IS NOT RESPONSIBLE, IN ANY WAY WHATSOEVER, FOR ANY ACT OR OMISSION OF SAID MALICIOUS THIRD PARTIES, NOR ANY ADVERSE CONSEQUENCE RESULTING FROM YOUR INTERACTIONS WITH THEM.
NIGHT WATCH OFFERS SERVICES RELATED TO CRYPTO-ASSETS (NFT) THAT ARE UNIQUE AND NOT FUNGIBLE WITH OTHER CRYPTO-ASSETS. EACH NIGHT WATCH NFT IS UNIQUE AND EXCLUSIVE TO ITS OWNER. NIGHT WATCH 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. NIGHT WATCH 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 NIGHT WATCH WEBSITE AND SERVICES, INCLUDING ANY PURCHASE OF A NIGHT WATCH 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 NIGHT WATCH WEBSITE AND/OR SERVICES, INCLUDING PURCHASING A NIGHT WATCH 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 NIGHT WATCH WEBSITE AND/OR SERVICES, INCLUDING PURCHASING A NIGHT WATCH NFT, MAY CONSTITUTE AN OPPORTUNITY TO GAIN ECONOMIC BENEFIT OR PROFIT, OR AN INVESTMENT, EQUITY, OR OTHER OWNERSHIP OR PROFIT-SHARING INTEREST IN NIGHT WATCH OR ITS AFFILIATES OR BUSINESS PARTNERS OF ANY KIND. IN THIS REGARD, NIGHT WATCH MAKES NO WARRANTIES WHATSOEVER WITH REGARD TO ANY FUTURE VALUE OR RESALE PRICE OF A NIGHT WATCH 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 NIGHT WATCH NFT.
IT IS EXPRESSLY AGREED THAT NIGHT WATCH OBLIGATIONS UNDER THESE TERMS ARE OBLIGATIONS OF MEANS. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE USER EXPRESSLY ACKNOWLEDGES THAT THE NIGHT WATCH WEBSITE, SERVICES, INCLUDING NIGHT WATCH NFT, ARE PROVIDED BY NIGHT WATCH “AS IS”. OTHER THAN AS PROVIDED IN THESE TERMS AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NIGHT WATCH MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES. NIGHT WATCH MAKES NO WARRANTIES WHATSOEVER, REGARDING THE NIGHT WATCH WEBSITE, THE SERVICES, AND ANY TRANSACTION INVOLVING, IN WHOLE OR IN PART, NIGHT WATCH NFT AND/OR CRYPTOCURRENCIES, INCLUDING, BUT NOT LIMITED TO, WITH REGARD TO ANY RISK ASSOCIATED WITH NIGHT WATCH 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, UNFAVORABLE 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, UNAUTHORIZED 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 UNAUTHORIZED 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. NIGHT WATCH DOES NOT WARRANT THAT THE USER’S ACCESS AND USE OF THE NIGHT WATCH 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 THE NIGHT WATCH 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. NIGHT WATCH 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 NIGHT WATCH, AND ITS MEMBER, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, "THE NIGHT WATCH 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 THE NIGHT WATCH CLAIMANTS IN CONNECTION WITH ANY AND ALL USE OF THE NIGHT WATCH WEBSITE, SERVICES AND/OR NIGHT WATCH NFT BY THE USER.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NIGHT WATCH BE LIABLE FOR ANY INDIRECT DAMAGES CAUSED TO A USER IN RELATION TO ACCESS AND/OR USE OF THE NIGHT WATCH WEBSITE AND/OR THE SERVICES.
OWNERSHIP OF ALL BANNERS, LOGOS, NFT ARTWORKS, AND ANY OTHER VISUAL MATERIAL RELATED TO NIGHT WATCH EXCLUSIVELY BELONGS TO THE NIGHT WATCH TEAM. ANY USAGE OF SUCH VISUAL MATERIAL WITHOUT THE EXPRESS PERMISSION OF NIGHT WATCH TEAM IS STRICTLY PROHIBITED.
THE NIGHT WATCH TEAM RESERVES THE RIGHT TO MODIFY THE PRICES OF THEIR PRODUCTS AT ANY TIME WITHOUT PRIOR NOTICE TO THE USER. BY ACCESSING AND USING THE NIGHT WATCH PRODUCTS AND SERVICES, THE USER ACCEPTS AND AGREES TO THESE POTENTIAL PRICE CHANGES.
THE NIGHT WATCH TEAM RESERVES THE RIGHT TO MODIFY THE ARTWORK, INCLUDING BUT NOT LIMITED TO THE NFTS, BANNERS, WEBSITE DESIGN, AND ANY OTHER MATERIAL, AT ANY TIME WITHOUT PRIOR NOTICE TO THE USER. THE USER ACKNOWLEDGES AND ACCEPTS THAT THE NIGHT WATCH TEAM HAS THE SOLE DISCRETION TO MODIFY SUCH ARTWORK AND MATERIAL AND THAT ANY SUCH MODIFICATIONS WILL NOT AFFECT THE AUTHENTICITY OR OWNERSHIP OF ANY NFTS ALREADY OWNED BY THE USER.
NIGHT WATCH DOES NOT OFFER ANY RETURN POLICY. ALL SALES ARE FINAL, AND USERS ARE ADVISED TO CAREFULLY REVIEW THEIR PURCHASES BEFORE MAKING A TRANSACTION. BY PURCHASING ANY PRODUCT OR SERVICE FROM NIGHT WATCH, THE USER ACKNOWLEDGES AND ACCEPTS THIS NO RETURN POLICY CLAUSE.
IF THE USER’S UTILIZATION OF THE NIGHT WATCH WEBSITE IS DEEMED IN BREACH OF THE TERMS, NIGHT WATCH 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 NIGHT WATCH MAY BE ENTITLED TO, THE USER’S ACCESS TO THE NIGHT WATCH WEBSITE AND/OR THE SERVICES AVAILABLE TO THE USER. NIGHT WATCH SHALL INFORM THE USER OF ITS DECISION TO SUSPEND OR LIMIT THE USER’S RIGHTS AND MAY, AT ITS DISCRETION, DECIDE TO RESTORE THE USER’S RIGHTS.
THE NIGHT WATCH WEBSITE MAY DISPLAY HYPERTEXT LINKS REDIRECTING THE USER TO THIRD PARTY WEBSITES AND/OR APPLICATIONS. NIGHT WATCH SHALL NOT BE HELD LIABLE, IN ANY WAY WHATSOEVER, IN RESPECT OF ANY HYPERTEXT LINKS TO THIRD PARTIES THAT MAY BE ACCESSIBLE ON THE NIGHT WATCH WEBSITE. IN THIS RESPECT, PLEASE NOTE THAT NIGHT WATCH NEITHER HAS ANY CONTROL OVER THE CONTENT PUBLISHED BY SUCH THIRD PARTIES NOR MONITORS SUCH CONTENT. AS A RESULT, NIGHT WATCH 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 THE NIGHT WATCH WEBSITE AND RELATED WEBSITE PAGES. IN THE EVENT THAT ANY CONTENT POSTED ON THE NIGHT WATCH 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 NIGHT WATCH IN ACCORDANCE WITH ARTICLE 12.
NIGHT WATCH 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 NIGHT WATCH.
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 REMAIN IN FORCE. THE PROVISIONS DECLARED UNENFORCEABLE SHALL BE REPLACED BY THE PROVISIONS THAT ARE CLOSEST IN MEANING AND SCOPE TO THE INITIAL PROVISIONS.
IN ACCORDANCE WITH APPLICABLE LAW, THE USER ACKNOWLEDGES AND AGREES THAT INFORMATION EXCHANGED BETWEEN THE USER AND NIGHT WATCH IN ELECTRONIC FORMAT (INCLUDING VIA EMAIL) SHALL BE DEEMED VALID MEANS OF COMMUNICATION., NOTICE AND PROOF, EQUIVALENT TO INFORMATION IN PAPER FORMAT.
CONTACT US BY E-MAIL AT NIGHTWATCHWALKS@GMAIL.COM
NOTICE. WE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND WE ASK YOU TO DO THE SAME. IF YOU ARE A COPYRIGHT OWNER OR AN AGENT OF A COPYRIGHT OWNER AND BELIEVE THAT ANY CONTENT ON THE SERVICES INFRINGES UPON YOUR COPYRIGHTS (OTHER THAN CONTENT THAT WAS PREVIOUSLY UPLOADED BY YOU TO NIGHT WATCH AND AS TO WHICH THE USER-TO-USER COMPLAINT PROCESS APPLIES AS DESCRIBED BELOW), YOU MAY SUBMIT A NOTIFICATION PURSUANT TO THE DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") BY CONTACTING US AT NIGHTWATCHWALKS@GMAIL.COM OR TO THE ADDRESS PROVIDED IN ARTICLE 12, ATTENTION DMCA AGENT. IF A COPYRIGHT OWNER IS UNDER THE AGE OF 13, A DMCA NOTICE MUST BE SUBMITTED BY A PARENT OR OTHER REPRESENTATIVE OF THE RIGHTSHOLDER, RATHER THAN DIRECTLY BY AN UNDER-13 USER. YOU ACKNOWLEDGE THAT IF YOU FAIL TO COMPLY WITH ALL OF THE REQUIREMENTS OF THIS SECTION 5(A), YOUR DMCA NOTICE MAY NOT BE VALID. YOU MUST PROVIDE THE FOLLOWING INFORMATION IN WRITING (SEE 17 U.S.C 512(C)(3) FOR FURTHER DETAIL): AN ELECTRONIC OR PHYSICAL SIGNATURE OF THE PERSON AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF THE COPYRIGHT OR OTHER RIGHT BEING INFRINGED; A DESCRIPTION OF THE COPYRIGHT-PROTECTED WORK OR OTHER INTELLECTUAL PROPERTY RIGHT THAT YOU CLAIM HAS BEEN INFRINGED; A DESCRIPTION OF THE MATERIAL THAT YOU CLAIM IS INFRINGING AND WHERE IT IS LOCATED; YOUR ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS; A STATEMENT BY YOU THAT YOU HAVE A GOOD FAITH BELIEF THAT THE USE OF THOSE MATERIALS IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR THE LAW; AND A STATEMENT BY YOU THAT THE ABOVE INFORMATION IN YOUR NOTICE IS ACCURATE AND THAT, UNDER PENALTY OF PERJURY, YOU ARE THE COPYRIGHT OR INTELLECTUAL PROPERTY OWNER OR AUTHORIZED TO ACT ON THE COPYRIGHT OR INTELLECTUAL PROPERTY OWNER’S BEHALF. COUNTER-NOTICE. REGARDING ANY CONTENT THAT WAS REMOVED OR DISABLED, IF YOU BELIEVE THAT YOUR CONTENT IS NOT INFRINGING OR THAT YOU HAVE THE AUTHORIZATION FROM THE COPYRIGHT OWNER, THE COPYRIGHT OWNER’S AGENT, OR PURSUANT TO THE LAW, TO POST AND USE THE MATERIAL IN YOUR CONTENT, YOU MAY SEND A COUNTER-NOTICE TO OUR COPYRIGHT AGENT. ANY COUNTER-NOTICE SUBMITTED ON BEHALF OF AN UNDER-13 USER MUST BE SUBMITTED BY A PARENT OR OTHER ADULT REPRESENTATIVE. WHEN OUR COPYRIGHT AGENT RECEIVES A COUNTER-NOTICE, WE MAY SEND A COPY OF THE COUNTER-NOTICE TO THE ORIGINAL COMPLAINING PARTY INFORMING THAT PARTY THAT WE MAY, IN 10 BUSINESS DAYS, REPLACE THE REMOVED CONTENT OR STOP DISABLING IT. UNLESS THE COPYRIGHT OWNER FILES AN ACTION SEEKING A COURT ORDER AGAINST THE PROVIDER OF THE CONTENT, THE REMOVED CONTENT MAY BE REPLACED OR ACCESS TO IT RESTORED, IN 10 TO 14 BUSINESS DAYS OR MORE AFTER RECEIPT OF THE COUNTER-NOTICE, IN NIGHT WATCH’ SOLE DISCRETION. REPEAT INFRINGER POLICY. NIGHT WATCH’ INTELLECTUAL PROPERTY POLICY IS TO: (I) REMOVE OR DISABLE ACCESS TO MATERIAL THAT NIGHT WATCH KNOWS TO BE INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR THAT HAS BEEN IDENTIFIED IN A VALID DMCA NOTICE SUBMITTED BY AN INTELLECTUAL PROPERTY RIGHTS OWNER OR HIS OR HER AGENT; AND (II) IN APPROPRIATE CIRCUMSTANCES, TO TERMINATE THE ACCOUNT OF AND BLOCK ACCESS TO THE NIGHT WATCH WEBSITE AND SERVICES BY ANY USER WHO REPEATEDLY OR EGREGIOUSLY INFRINGES OTHER PEOPLE’S COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS. TRADEMARK INFRINGEMENT OUR POLICIES PROHIBIT A USER FROM PROVIDING USER-GENERATED CONTENT THAT INFRINGES TRADEMARKS. IF A USER PROVIDES CONTENT THAT INFRINGES TRADEMARKS, THE USER’S CONTENT CAN BE BLOCKED OR REMOVED. IF YOU ARE A TRADEMARK OWNER THAT BELIEVES YOUR TRADEMARK IS BEING INFRINGED, PLEASE NOTE THAT WE ARE NOT IN A POSITION TO MEDIATE DISPUTES BETWEEN USERS AND THE HOLDERS OF TRADEMARK RIGHTS. THAT BEING SAID, WE TAKE YOUR RIGHTS SERIOUSLY. SO, WE WILL LOOK INTO AND TRY TO RESOLVE ANY ALLEGATIONS OF TRADEMARK INFRINGEMENT. THEREFORE, IF YOU FEEL THAT YOUR TRADEMARK RIGHTS ARE BEING INFRINGED, CONTACT US AT NIGHTWATCHWALKS@GMAIL.COM OR AT THE ADDRESS PROVIDED IN ARTICLE 12, ATTENTION TRADEMARK AGENT. WHEN YOU CONTACT US, PLEASE PROVIDE THE FOLLOWING INFORMATION IN WRITING: AN ELECTRONIC OR PHYSICAL SIGNATURE OF THE PERSON AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF THE TRADEMARK; A DESCRIPTION OF THE TRADEMARK RIGHT THAT YOU CLAIM HAS BEEN INFRINGED; A DESCRIPTION OF THE MATERIAL THAT YOU CLAIM IS INFRINGING AND WHERE IT IS LOCATED; YOUR ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS; A STATEMENT BY YOU THAT YOU HAVE A GOOD FAITH BELIEF THAT THE USE OF THOSE MATERIALS IS NOT AUTHORIZED BY THE TRADEMARK OWNER, ITS AGENT, OR THE LAW; AND A STATEMENT BY YOU THAT THE ABOVE INFORMATION IN YOUR NOTICE IS ACCURATE AND THAT, UNDER PENALTY OF PERJURY, YOU ARE THE TRADEMARK OWNER OR AUTHORIZED TO ACT ON THE COPYRIGHT OR INTELLECTUAL PROPERTY OWNER’S BEHALF.
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 TURKIYE.
IN THE EVENT OF A DISPUTE ARISING BETWEEN THE PARTIES REGARDING THE INTERPRETATION, EXECUTION OR TERMINATION OF THESE TERMS, THE PARTIES SHALL ENDEAVOR TO RESOLVE SUCH ISSUE THROUGH AMICABLE MEANS. NOTWITHSTANDING ANYTHING TO THE CONTRARY PROVIDED HEREIN, THE COURT OF APPROPRIATE JURISDICTION SHALL BE THE VENUE FOR ANY FORMAL DISPUTES BETWEEN USER AND NIGHT WATCH.