TERMS OF SERVICE

Last update: 01/08/2022

1. Introductory remarks

These Terms of Service (“Terms”) set forth the terms and conditions applicable to the counterparties made available to holders of NFTs from the collection developed by INFINITY.

These conditions are applicable to the collection of NFTs issued by INFINITY and responding to the name of “INFINITY COLLECTION”. The collection is deployed on the ETHEREUM BLOCKCHAIN. The total supply is 5 000 NFTs. The secondary market will take place on the Opensea.io site.

These Terms are applicable between you and INFINITY. These conditions do not incorporate any other document. You should independently read our “General Conditions of Sale”, our “Legal Notice”, and our “Privacy Policy”.

2. Reviewing and accepting these terms

Please read these Terms carefully, as they set out your rights and responsibilities

All INFINITY NFTs are stored on and accessible through the ETHEREUM BLOCKCHAIN. All NFTs can be purchased forward directly on OpenSea as a secondary market place. As such, INFINITY has no control over the transfer, storage, ownership or maintenance of the NFTs.

By agreeing to these Terms, you hereby certify that you are at least 18 years of age or the applicable age of majority in your country or state of residence. If you do not agree to these Terms, you must not purchase NFTs from INFINITY and benefit from its services.

We reserve the right to change or modify these Terms at any time and in our sole discretion. You agree and understand that by accessing or using INFINITY services or purchasing INFINITY goods following any change to these Terms, you are agreeing to the revised Terms and all of the terms incorporated therein by reference.

Review the Terms each time you want to use INFINITY services or purchase INFINITY goods to ensure that you understand how the Terms apply to your activities.

3. Identity verification and personal data

You agree to allow us to comply with EU and French compliance rules, and with:

Regulation (UE) 2017/1939 of October 12, 2017;
Directive (UE) 2017/1371 of July 5, 2017;
Treaty on the Functioning of the European Union;
Treaty on European Union;
French law “Sapin II” n° 2016-1691 of December 9, 2016.

You agree to provide us with the information we request (which we may request at any time deemed necessary) for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information.

According to Regulation (UE) 2017/1939 of October 12, 2017, you agree that INFINITY may process all sort of personal data for identity verification purposes, but also to allow the smooth running of the sale of NFTs, and more generally the smooth running of the global activity of INFINITY.

You agree to provide INFINITY with all useful or necessary information for implementation of the services and benefits provided for in these conditions.

4. Private Events

Holding an NFT issued by INFINITY gives you the right to participate in private events organized by it.

4.1. Access to events

Reserving one or more places in an event organized by INFINITY is only possible for the holder of at least one NFT from the collection issued by INFINITY.

The mere possession of such an NFT is however insufficient to allow access to events organized by INFINITY. A prior reservation on the INFINITY website (https://www.infinitynft.fr/) by the holder of an NFT is essential in order to access the events.

The holder of an NFT making a reservation on the INFINITY website will have the possibility of inviting 3 natural persons per NFT held. If several NFTs are held by a same person, a maximum of 9 natural persons may be invited by one and the same holder of NFTs from the collection issued by INFINITY.

Holding at least 1 NFT and online booking are the only conditions of access to events organized by INFINITY. No event access fees can be claimed from you remotely or on site. Transport, accommodation and any other costs not related to access to events organized by INFINITY remain your responsibility.

The places that can be reserved on the INFINITY website are limited in number. The number of places available for each event will be communicated in due time by INFINITY through its various networks.

Access to events is reserved for adults. People over the age of 18 are considered adults in France. However, you are subject to the majority rules of the countries or states in which the events organized by INFINITY take place.

4.2. Nature of events

The events organized by INFINITY will take place in places chosen by it. These may include restaurants, nightclubs, beach clubs, etc. The events organized by INFINITY will take place in countries chosen by it. Holders of at least one NFT from the collection issued by INFINITY will however have the opportunity to vote in order to express their geographical and structural preferences. However, you agree that INFINITY is not bound by these votes, which will only have the value of simple opinions.

In each event, at least one internationally renowned musical artist (DJ) will be invited to perform a stage performance. Holders of at least one NFT from the collection issued by INFINITY will have the opportunity to vote in order to express their artistic preferences. However, you agree that INFINITY is not bound by these votes, which will only have the value of simple opinions.

In addition to this service, holders of at least one NFT and their guest(s) will be able to access, for example, food and drink services. The list of services made available to the public for each event will be communicated by INFINITY when the events are announced.

4.3. Purchases at events

Access to events is only conditional on holding at least 1 NFT from the collection issued by INFINITY and prior registration on its website. You will not be charged any fees to access events organized by INFINITY.

During the events, the various optional expenses (food, drink, etc.) are entirely your responsibility. No obligation to consume any good or service is applicable.

4.4. Organization

During the events, INFINITY reserves the right to organize the placement of the public according to its own choice.

INFINITY also reserves the right to refuse you to access to an event organized by it or to expel you from an event organized by it in the event of inappropriate dress or behavior. This right applies even if you are the holder of an NFT from the collection issued by INFINITY and even if you have previously registered on the INFINITY website.

4.5. Frequency and locations of events

INFINITY aims to organize 1 event per month. However, it is in no way bound by an obligation of result so that you cannot in any case blame it for not organizing enough events.

Also, INFINITY aims to organize events around the world. However, it is in no way bound by an obligation of result so that you cannot in any case blame it for not organizing enough events in particular places in the world.

5. Additional Benefits

From time to time, at its discretion, INFINITY may implement other benefits for holders of NFTs from the "INFINITY COLLECTION" issued by INFINITY.

These additional advantages are however not due if they are not presented as such in the present conditions.

INFINITY will not be under any obligation to inform you of its existence, so you cannot blame INFINITY for not informing you of it.

It will be your responsibility to keep yourself informed of the existence and availability of any Additional Benefits and to take the necessary steps to request or collect any Additional Benefits.

The terms and conditions applicable to any additional benefit will be defined in these updated conditions or by any means of communication available to INFINITY including, but not limited to, its Discord server, its website or its Twitter account.

6. Disclaimer

You agree to release INFINITY from all claims and from all liability in the event of:

Cancellation of a performance by an artist, regardless of the date and time of said cancellation;
Poor quality goods (food, drinks, etc.) or goods that are inaccurate with respect to those advertised, and which will be accessible on the premises of the event;
Hacking, bugs, viruses or any other malicious action or force majeure event that would affect your electronic wallet, the smart contract of the collection issued by INFINITY or the Opensea.io website as a secondary marketplace. Under such conditions, if your holding of one or more NFTs from the collection issued by INFINITY were affected, INFINITY could in no way be held liable for the damage suffered;
Transfer of your NFT to a third party;
Fault, negligence, imprudence, omission attributable to you;
Non-compliance with opinions, recommendations and advice given to you by INFINITY;
Total or partial failure of the sale operation of the collection issued by INFINITY, whatever the cause, and which would make it impossible to hold the advantages set out in these conditions;
Fault, negligence, imprudence, or omission of a third party for which INFINITY does not act as principal, and more generally over which INFINITY has no power of control or supervision.

7. Severability

If any term, clause or provision of these Terms is held to be invalid or unenforceable, then such term, clause or provision shall be severable from these Terms and shall not affect the validity or enforceability of any remaining part of such term, cause or provision, or any other term, clause or provision of these Terms.

8. Additional Terms

These conditions are supplemented by the "General Conditions of Sale" accessible on the INFINITY website.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer any rights to any third parties.

9. Governing law

These Conditions will be interpreted in accordance with the laws applicable in France.

10. Your warranties

You covenant, represent, and warrant that:

You are eligible under applicable law to accept these Terms and all related obligations, including, but not limited to, that you meet the age requirements to be legally capable. If restricted or prohibited, you must not agree to these Terms and therefore you must not purchase NFTs issued by KPK CORP;
You are legally permitted to buy, hold, participate in, sell, and / or otherwise make use of (all together “deal in”) NFTs in your and any other relevant jurisdiction, and shall not deal in NFTs if such use is prohibited under applicable law in your jurisdiction;
You are not, under the applicable law of your jurisdiction, making a regulated investment or carrying on a regulated activity when you deal with NFTs;
You have the necessary and relevant experience, knowledge and understanding to deal in Cryptoassets, NFTs and Blockchain-based systems, including but not limited to sufficient understanding of their risks, functionality, usage, storage, transmission mechanisms and the intricacies associated with them, to be able to competently accept these Terms;
You are aware of all the risks and restrictions associated with NFTs, Cryptoassets and Blockchain-based systems, and you know how to manage these digital technologies;
You have not received any advice from us relating to the trading of NFTs. You are solely responsible for all evaluations, decisions and actions you make regarding NFTs, Digital Assets and/or Blockchain-based systems;
You will supply us with all information, documentation or copy documentation that we may require;
All information you will and have supplied to us is accurate and not misleading, you will provide us with any additional information which we may reasonably require in order that we can fulfil our legal, regulatory and contractual obligations, including but not limited to any anti-money laundering obligations, and you will notify us promptly of any change to such information provided to us;
You take sole responsibility for any risks associated with receiving and holding NFTs;
You are not negociating NFTs for illegal purpose, and will not use NFTs for any illegal purpose;
Your funds used for negociating NFTs in no way comes from illegal or unethical sources;
You waive any right you may have to participate in a class action lawsuit or a class wide arbitration against us, any entity with is part of the same company group as us, and / or any individual involved with us, in relation to the creation, issuance, distribution, acceptance and use of NFTs;
You understand that each NFT only confer the rights explicitly disclosed to you in relation to that NFT, and confers no other rights of any form; and

11. Request for information

For any request for information, you can contact INFINITY by email: contact@infinity-nft.fr