This "Owner Agreement" is by and between TuneGO, Inc. ("Licensor") and the individual or entity that owns the Digital Collectible (as defined below) (the "Owner") , and is effective as of the date ownership of the Digital Collectible is transferred to the Owner (the "Effective Date").
OWNER ACKNOWLEDGES RECEIPT AND UNDERSTANDING OF THIS OWNER AGREEMENT, AND AGREES TO BE BOUND BY ITS TERMS, IN THEIR ENTIRETY. OWNER'S ACCEPTANCE OF THE DIGITAL COLLECTIBLE SHALL BE DEEMED ACCEPTANCE OF AND CONSENT TO BE GOVERNED BY THE TERMS OF THIS AGREEMENT. IF OWNER DOES NOT AGREE TO BE BOUND BY THESE TERMS, THE LICENSE CONTEMPLATED HEREUNDER SHALL AUTOMATICALLY TERMINATE.
In consideration of the premises and the mutual covenants set forth below and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, and intending to be bound, the parties agree as follows:
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR MAKES NO WARRANTY THAT THE DIGITAL COLLECTIBLE OR THE ASSOCIATED DIGITAL OBJECT WILL MEET OWNER'S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FURTHER, LICENSOR PROVIDES NO WARRANTY REGARDING, AND WILL HAVE NO RESPONSIBILITY FOR, ANY CLAIM ARISING OUT OF: (A) A MODIFICATION OF THE DIGITAL COLLECTIBLE OR ASSOCIATED DIGITAL OBJECT MADE BY ANYONE OTHER THAN LICENSOR, UNLESS LICENSOR APPROVES SUCH MODIFICATION IN WRITING IN ADVANCE; (B) OWNER'S MISUSE OF OR MISREPRESENTATION REGARDING THE DIGITAL COLLECTIBLE OR ASSOCIATED DIGITAL OBJECT; (C) THE FLUCTUATION IN VALUE OF THE DIGITAL COLLECTIBLE; AND/OR (D) ANY TECHNOLOGY THAT FAILS TO PERFORM OR CEASES TO EXIST.
FURTHER, OWNER UNDERSTANDS AND AGREES THAT OWNERSHIP OF, AND TRANSACTIONS INVOLVING, THE DIGITAL COLLECTIBLE MAY REQUIRE OR RELY ON THIRD-PARTY TECHNOLOGY AND/OR PLATFORMS, INCLUDING WITHOUT LIMITATION DIGITAL WALLETS, BLOCKCHAINS OR RELATED TECHNOLOGY, SMART CONTRACTS, INTERNET SERVICE PROVIDERS, MARKETPLACES, EQUIPMENT OR OTHER INFRASTRUCTURE (COLLECTIVELY, "THIRD PARTY TECHNOLOGY"). OWNER UNDERSTANDS AND AGREES THAT THE EXISTENCE AND PERFORMANCE OF THIRD PARTY TECHNOLOGY ARE OUTSIDE OF LICENSOR'S CONTROL. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LICENSOR DISCLAIMS ALL LIABILITY FOR THE USE, UNAVAILABILITY, OR FAILURE OF ANY THIRD PARTY TECHNOLOGY.
THE DIGITAL COLLECTIBLES ARE INTENDED AS COLLECTIBLE ITEMS FOR INDIVIDUAL ENJOYMENT ONLY. THEY ARE NOT MEANT AS INVESTMENT VEHICLES. LICENSOR MAKES ABSOLUTELY NO PROMISE OR GUARANTEE THAT THE DIGITAL COLLECTIBLES WILL INCREASE IN VALUE, OR MAINTAIN THE SAME VALUE AS THE AMOUNT OWNER PAID TO PURCHASE SAME. OWNER UNDERSTANDS AND AGREES THAT THE DIGITAL COLLECTIBLES HAVE NO INHERENT MONETARY VALUE, AND THEY SHOULD BE TREATED AS NOTHING MORE THAN COLLECTIBLES WITH POTENTIAL FUTURE VALUE OR LACK THEREOF. PLEASE BE AWARE THAT THE PRICES OF DIGITAL COLLECTIBLES ARE EXTREMELY VOLATILE, AND PRICE FLUCTUATIONS IN ETH COULD IMPACT THE PRICE OF DIGITAL COLLECTIBLES BOTH POSITIVELY AND NEGATIVELY. GIVEN THIS VOLATILITY, DIGITAL COLLECTIBLES SHOULD NOT BE CONSIDERED INVESTMENTS. OWNER ASSUMES ALL RISKS IN CONNECTION THEREWITH. NO INFORMATION AND/OR CONTENT MADE AVAILABLE BY AND/OR THROUGH THE SITE OR OTHERWISE BY LICENSOR IS OR SHOULD BE CONSIDERED ADVICE OR AN INVITATION TO ENTER INTO AN AGREEMENT FOR ANY INVESTMENT PURPOSE. FURTHER, NO ELEMENT OF THE DIGITAL COLLECTIBLES QUALIFIES OR IS INTENDED TO BE AN OFFERING OF SECURITIES IN ANY JURISDICTION, NOR DOES IT CONSTITUTE AN OFFER OR AN INVITATION TO PURCHASE SHARES, SECURITIES OR OTHER FINANCIAL PRODUCTS. OWNER IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ASSURING THAT THE PURCHASE AND SALE OF DIGITAL COLLECTIBLES, AND THE USE OF CRYPTOCURRENCIES, COMPLIES THE WITH LAWS AND REGULATIONS IN OWNER'S JURISDICTION. OWNER ASSUMES ALL RISKS ASSOCIATED WITH USING AN INTERNET-BASED CRYPTOCURRENCY INCLUDING, BUT NOT LIMITED TO, THE RISK OF HARDWARE, SOFTWARE AND INTERNET CONNECTIONS, THE RISK OF MALICIOUS SOFTWARE INTRODUCTION, AND THE RISK THAT THIRD PARTIES MAY OBTAIN UNAUTHORIZED ACCESS TO INFORMATION STORED WITHIN OWNER'S WALLET. DIGITAL COLLECTIBLES, CRYPTOCURRENCIES AND BLOCKCHAIN TECHNOLOGY ARE RELATIVELY NEW AND THE REGULATORY LANDSCAPE IS UNSETTLED. NEW REGULATIONS COULD NEGATIVELY IMPACT SUCH TECHNOLOGIES WHICH MAY, IN TURN, IMPACT THE VALUE OF OWNER'S DIGITAL COLLECTIBLES. OWNER UNDERSTANDS AND ACCEPTS ALL RISK IN THAT REGARD. WITHOUT LIMITING THE FOREGOING, OWNER ASSUMES ALL RESPONSIBILITY FOR ANY ADVERSE EFFECTS OF DISRUPTIONS OR OTHER ISSUES IMPACTING THE APPLICABLE CRYPTOCURRENCY AND/OR BLOCKCHAIN.