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TERMS OF SERVICE
THE 1/1 COLLECTION

1. WHO WE ARE

Linh Vu Art (collectively referred to as "Linh Vu," "we," "our," or "us") is an independent art brand based in San Francisco, California, US.

You can contact us here
 

2. WEBSITE AND TERMS

Linh Hoai Vu is releasing The 1/1 NFTs collection here. A non-fungible token of the edition is available for purchase. Each NFT will be generated via smart contracts and stored on the blockchain of Opensea.

This Terms of Service is a legally binding agreement that controls your access to and use of the Website, including, but not limited to, the purchase of the NFTs offered through the Website and your use of the software and services provided in conjunction with such NFTs (collectively, the "Service").

Please refer to our Privacy Policy for details on how we collect, utilize, and share your information.

3. THE 1/1 NFT SERIES AND ARTWORKS

 

Linh Hoai Vu has created 6 hand painted physical artworks, each of which has an unique title (each, an "Artwork"). As part of the sale of NFTs covered by this Terms of Service, one NFT will be generated for these Artworks and will be associated with that specific Artwork (each, a "Vu NFT").

This Terms of Service details how you can purchase, hold or redeem a Vu NFT and/or the Artwork.

4. HOW TO PURCHASE NFT

  1. Installing the MetaMask browser extension is essential in order to acquire an NFT from Opensea. MetaMask is a non-custodial digital wallet and service provider that enables cryptocurrency purchases, storage, and transfers. Before purchasing, you must download MetaMask and link and unlock your electronic wallet using your MetaMask account. You will not be able to purchase an NFT from us unless this procedure is completed.

  2. You will be unable to access your NFT if you lose access to your MetaMask digital wallet (for instance, if you lose the physical device on which your wallet is stored and/or the password or seed phase required to restore the wallet).

  3. You understand and agree that you are operating in your personal capacity and not as a broker, agent, employee, or independent contractor of any other party. You agree that the funds to be used for the purchase of an NFT do not come from a person subject to financial sanctions or represent or constitute any person's benefit from criminal action.

  4. You agree that by the purchase of an NFT, you are submitting a legally binding offer to purchase the NFT from us. Once the purchase is finalized and Opensea notifies you that the purchase is finalized, your order is accepted and confirmed. You agree that your purchase of the NFT is non-refundable.

  5. Once the transaction is complete, the NFT will be sent to your MetaMask wallet.

  6. Title to the Vu NFT passes to you once your purchase is complete and then converts to title to the Artwork when the Vu NFT is redeemed (as defined below) and the Artwork is withdrawn (as defined below) in accordance with this Terms of Service. The risk in and responsibility for the Artwork will transfer to you from the time we deliver it to the address provided by you to us.

 

5. REDEMPTION OF NFT FOR ARTWORK

  1. When you purchase a Vu NFT, the Artwork associated with the Vu NFT will remain in our possession. The Artwork will be stored by us in a secure location during the Redemption Period, the then-current owner of the corresponding Vu NFT can request to receive from us either a substitute Artwork, or a corresponding Vu NFT. Our decision will be final, and you agree that the substitute Artwork or corresponding Vu NFT.

  2. The owner of a Vu NFT can redeem the Vu NFT and withdraw the corresponding Artwork during a Redemption Period. Your Vu NFT must be redeemed and burned before the corresponding Artwork can be withdrawn during the Redemption Period. We will provide you with instructions on how your Vu NFT must be burned. Failure to burn your Vu NFT in accordance with our instructions may mean that you cannot withdraw the corresponding Artwork nor reclaim your burned Vu NFT.

  3. You will be able to redeem and burn your Vu NFT and request withdrawal of the corresponding Artwork on any date during the Redemption Period. All Artwork must be withdrawn during the Redemption Period. At the end of the Redemption Period, any Artwork that has not been withdrawn will be destroyed.

  4. We will not be responsible or liable to you or any other party for errors or failures to execute any redemption, including, without limitation, errors or failures caused by: (i) your failure to follow our redemption instructions; (ii) any incorrect information submitted by you during the redemption process (iii) any loss of connection to our Website or Service unless caused by our gross negligence; (iv) a failure of any software or device used by you as part of the redemption process; or (v) any other failure to execute your redemption request or for errors or omissions in connection with this activity unless caused by our gross negligence.

  5. Before you redeem and burn your Vu NFT, you will be given the option to collect the corresponding Artwork in person or to have it shipped to you.

  6. If you choose to collect an Artwork in person, we will require you to verify your identity and address before the Artwork can be withdrawn. Before you burn your Vu NFT, you will be required to submit personal information to us (including your name and address). When you collect the corresponding Artwork, you will need to provide proof of identity and address that matches the details you provided during the redemption process. If you do not provide such documents, for example, if you bring a document with an incorrect address, we will not allow you to withdraw an Artwork unless and until such documents are provided to our satisfaction.

  7. It is your responsibility to make sure that you input the correct information during the redemption process. Any errors cannot be corrected after the Vu NFT has been burned. Since transactions are irreversible on the blockchain, your Vu NFT will be irretrievable, and you will not be able to withdraw the corresponding Artwork.

  8. If you choose to have an Artwork shipped when it is withdrawn, it will be shipped to you (or to a person chosen by you to take possession) by our chosen carrier. The Artwork will be insured during transit at the value of two thousand United States Dollars ($2,000). If the Artwork is destroyed or damaged or lost during transit, you agree that your sole remedy will be payment of up to two thousand United States Dollars ($2,000).

  9. If you choose to have an Artwork shipped, you agree to pay all costs and import duties and taxes payable to ship the Artwork to the address designated by you. See clause 9 for details.

  10. If you lose access to the Vu NFT you own (including, but not limited to, circumstances where access to the digital wallet you used to access the Vu NFT has been lost), you will lose all rights to the corresponding Artwork and will not be able to withdraw it.

6. SECONDARY MARKETPLACES AND THIRD-PARTY SITES

  1.  You may sell, trade, or distribute your NFT on any secondary marketplaces, platforms, or exchanges ("Secondary Marketplaces'') established by third parties that support NFTs. Note that the NFTs may not be compatible with all Secondary Marketplaces, and that we do not guarantee the functioning or availability of any Secondary Marketplace. Any Secondary Marketplace on which you sell, trade, or distribute your NFT must have Terms of Service that limit the acquirer's rights to the NFT in accordance with paragraphs 8.7 and 8.8.

  2.  Our Website may contain connections to third-party websites or services, such as Secondary Marketplaces (collectively, "Third-Party Sites"). For instance, we can provide a link to a Secondary Market where we believe you can exchange your NFT. When you click on such a link, we may not inform you that you have left our Service and are now subject to the Terms of Service and privacy policies of a Third-Party Site. You acknowledge that your use of any Third-Party Site is at your own risk, regardless of whether we provide links to them on our Website. Before proceeding with any transaction on a Third-Party Site, you should consider all applicable terms and conditions and conduct any additional research you deem necessary or appropriate.

  3. We have no control over the content of these Third-Party Sites and disclaim any liability and assume no responsibility for the content of any Third-Party Site that is linked to or accessed through our Service. The listing of a Secondary Market on our website is neither a guarantee nor an endorsement that such a market would support an NFT or permit all conceivable transactions with an NFT.

  4. You understand and agree that we are not a party to any arrangement or transaction in which you trade an NFT first obtained through our Service on a Secondary Marketplace, regardless of whether we get a commission or fee as a result of the transaction. We are not liable for any damage suffered by you as a result of fees or other sums not received by you or amounts due by you in connection with any transaction that takes place on Secondary Marketplaces or other Third-Party Sites.

  5. The NFTs implement Ethereum Improvement that enables Secondary Marketplaces to get information regarding the payment of a royalty requested by us for secondary sales. The information is accessible via the smart contract. If a Secondary Market chooses to implement the information, the royalty must be paid on all NFT transactions on that Secondary Market. The remuneration will be split between us and Linh Hoai Vu.

 

7. WEBSITE LINK

You may link to our Website in connection with the sale of an NFT, providing you do so in a fair, non-misleading, lawful manner that does not harm our reputation or take advantage of it. You may not link to our website in any way that suggests an affiliation, approval, or endorsement on our part where none exists. You may not link to our Website from a website that you do not control, nor may you frame our Website within another website. We retain the right to revoke the aforementioned linking permission without prior notification.

8. INTELLECTUAL PROPERTY RIGHTS

  1. We are the owner or licensee of, or have the legal right to use, all intellectual property rights in the Service including all photos, photographs, drawings, and other content created by us or for us or featured on our Service (including the look and feel, design and graphics of our Website). We reserve such rights in their entirety. Except as permitted by law, you may not reproduce, distribute, transmit, disseminate, create derivative works of, perform, exhibit, or otherwise use in any way any content (or portion thereof) on our Website or accessed through our Service, other than the Artwork and the Digital Artwork you may acquire.

  2. If your use of the Service violates these Terms of Service, your permission to use the Service will terminate immediately, and you must, at our discretion, return or destroy any copies or other infringing materials you have made.

  3. You accept that your purchase of an NFT entitles you to complete ownership of the NFT itself, including the ability to store, sell, and transfer it. However, your purchase of an NFT from us or any third party does not grant you any express or implied rights in (including, without limitation, any copyrights or other intellectual property rights in and to the Digital Artwork other than the right to copy and display the Digital Artwork for your own personal, non-commercial use and as set forth in clauses 8.7 and 8.8 or the Artwork other than ownership of that physical piece.

  4. We are not responsible or liable if the Digital Artwork becomes inaccessible to you for any reason, or if someone other than us modifies or alters the Digital Artwork, including deleting the Digital Artwork.

  5. You accept that Digital Artworks can be copied and distributed, and that we cannot guarantee that no multiple copies of a Digital Artwork are connected with your NFT. However, we will not sell multiple NFTs associated with a single Artwork.

  6. You understand that we or Linh Hoai Vu may make additional copies of the Digital Artwork and distribute it, as well as sell or otherwise transfer the copyright or other intellectual property rights or economic rights associated with the Digital Artwork.

  7. You are permitted to display and distribute Digital Artwork related with your NFT : (i) In order to distribute the Digital Artwork on Secondary Markets in conjunction with the sale, transfer, or exchange of your NFT and (ii) In order to share your purchase or ownership of a non-fungible token on social media and digital platforms. As stated above, you have no further rights or licenses to the Artwork besides ownership of the physical piece.

  8. While you may sell, transfer, or exchange the NFT, you may not use the Digital Artwork for commercial purposes, including, but not limited to, doing any of the following for commercial purposes: (i) recreate the Digital Artwork or sell copies of it is prohibited ; (ii) You may not alter the Digital Work or make derivative works from it; (iii) incorporate the Digital Artwork into any additional works or media formats; (iv) Create, mint, or tokenize an additional cryptographic token, including a non-fungible token, representing or associated with the Digital Artwork; or (v) Use the Digital Work for other commercial uses.

  9. If you sell, transfer, or burn the NFT, or if you relinquish possession for any other reason, your rights and interests in the NFT and Digital Artwork end immediately and automatically.

 

9. FEE AND PAYMENT

  1. You may be required to pay a transaction fee ("Gas Fee") on the Open Sea blockchain to conduct transactions, including the purchase and transfer of NFTs. The amount of the Gas Fee will change based on the manner in which the Open Sea Blockchain operates. Miners on the Open Sea network are compensated with Gas Fees for validating and adding transactions to the blockchain. We do not receive any percentage of them, nor do we control the amount of the Gas Fee you may be compelled to pay when executing a transaction on the Open Sea network. You agree and acknowledge that: (a) You are responsible for paying the Gas Fee despite its amount, (b) that the Gas Fee is neither refundable nor payable under any circumstances, and (c)The price of each NFT does not include any Gas Fees that you may be required to pay.

  2. You may be able to set the Gas Fee amount, however the smaller the fee, the longer it may take for the transaction to be confirmed. We recommend utilizing the Gas Fees suggested by your wallet. We have no influence over the duration required to confirm your transaction.

  3. All of our prices and fees are displayed in United States Dollars ("USD"). If you pay in a fiat currency other than U.S. dollars, the actual amount to be paid will be decided by the exchange rate utilized by your bank or credit card provider at the time you are charged. We are not liable for any exchange rate fees imposed by your bank or credit card company, nor do we charge or receive such sums.

  4. The NFT's purchasing price will be the amount listed on the Open Sea. Any applicable taxes are your responsibility.

  5. Please refer to clause 10 if you choose to pay with cryptocurrency.

  6. If you withdraw an Artwork, the costs of shipping the Artwork (and any applicable VAT, sales tax, use tax or any other taxes payable to us) will be payable by you and will be calculated once you provide a delivery address. We will notify you with details of these costs and how to pay them before the Artwork is shipped. If you fail or refuse to pay these shipping costs in whole or in part, you will not be able to withdraw the Artwork nor reclaim your burned Vu NFT.

  7. In addition to the amounts payable to us, you are responsible for paying any taxes, customs duties and fees levied by local customs authorities ("Import Duties and Taxes") which are triggered when the Artwork is shipped to the country you designate. Where Import Duties and Taxes are due, you are solely responsible for paying them. We do not collect and pay Import Duties and Taxes on your behalf. You will need to pay any amounts due directly to the applicable customs authority. We are not able to offer any guidance on Import Duties and Taxes and we recommend that you contact your local customs office for details. Failure to pay the applicable Import Duties and Taxes means you may not be able to receive your Artwork. We will have no liability to you in such event.

 

10. PAYMENT METHODS

 

  1. The NFTs may be paid for using any of the methods outlined in these Terms of Service or on our Opensea website. Payment to ship the Artwork when it is withdrawn may be made by the methods notified to you when you apply to withdraw the Artwork.

  2. Open Sea accepts cryptocurrency payments. Our accepted cryptocurrencies will be listed on the Open Sea website. All cryptocurrency transactions will be processed through a payment gateway used by Opensea, with which you'll interact directly. Only cryptocurrency payments that we approve will be applied toward the purchase of NFTs.

  3. Before you may pay using cryptocurrency, you must check that your wallet contains enough cryptocurrency. When you reach the payment options screen, you will be offered with multiple payment options. If you opt to pay using cryptocurrency, you will be sent to the payment gateway's payment page, where you can select the applicable cryptocurrencies. The USD purchase price of the NFT will be converted to the current value of the applicable cryptocurrency at the time your transaction is performed, based on a source decided only by us.

  4. You need to transmit the cryptocurrency to the address we offer. Since transactions on the blockchain are irreversible, if you send your cryptocurrency to an incorrect address by accident, you will lose the cryptocurrency and the order cannot be processed. You are responsible for ensuring that the cryptocurrency is sent to the correct address. You are solely responsible for sending the cryptocurrency to the correct address that we offer.

  5. In exceptional cases, we reserve the right to refuse payment for an NFT and give a refund. If we have not received your payment and offer a refund, you will be repaid in USD if you paid in fiat currency. If you paid using cryptocurrency, your refund will be granted using USD as the purchase price's base currency, converted into the corresponding cryptocurrency at the exchange rate in effect when the refund is issued (and not at the time when we confirm that a refund will be issued).

  6. This ensures that the USD equivalent of the purchase price is refunded to you in cryptocurrency. To protect you and ourselves from variations in the cryptocurrency exchange rate, we do not issue refunds at the purchase rate. This could result in you receiving more or less cryptocurrency than you paid. Nonetheless, the USD value will not change.

 

11. COMPLAINTS

 

Please contact us here if you have any questions or complaints about the Service.

 

12. RISK OF USE FOR SMART CONTRACTS AND BLOCKCHAIN

 

  1. The Service employs experimental technologies, such as cryptographic systems such as smart contracts, blockchain, non-fungible tokens, cryptocurrencies, the Interplanetary file system ("IPFS") and decentralized or peer-to-peer networks and systems. You acknowledge and agree that you understand and accept that all such technologies are experimental, that their use has inherent risks, and that we are not liable or responsible for any resulting errors, failures, risks, or vulnerabilities.

  2. The Service, Open Sea blockchain, and NFTs may be affected by regulatory actions, legislation, or proposed laws or policies, which may limit or restrict your access to the Service, Opensea's blockchain, your NFT or Digital Artwork, your ability to transfer your NFT, or your ability to access or display the Digital Artwork. You agree and accept that you are aware of this risk.

  3. You accept that we are not liable or responsible for any errors, failures, risks, or vulnerabilities coming from the usage of the Service, smart contracts, blockchain, NFTs, cryptocurrencies, IPFS, and connected networks and systems (including, but not limited to, your access to the Service, your NFT, or your Digital Artwork, your ability to transfer your NFT, or your right to access or display the Digital Artwork).

  4. You accept that we are not liable or responsible for errors or problems that you cause, such as forgotten passwords or mistyped addresses.

  5. The acquisition of NFTs via the Service is carried out by one or more smart contracts on the Open Sea blockchain. Smart contracts may be susceptible to malfunctions, errors, including programming errors, hacking and theft, or changes to the protocol rules of the Open Sea blockchain, which may have a negative impact on the smart contracts and expose you to a variety of risks of loss, such as the risk of losing your NFT or cryptocurrency or the opportunity to purchase NFT. You agree and accept that you are aware of this risk.

  6. You recognize and accept that once the smart contract has been executed in conjunction with the purchase of an NFT, it is irreversible and consequently no refunds are available.

  7. The Service and the Open Sea blockchain may be subject to cyber-attacks and unauthorized third-party activities (including, but not limited to, the use of viruses..) You understand and accept that we are not liable for any of the attacks or any others, or for any damage, losses, or interruptions caused by any viruses that may impact your computer, other equipment, or wallet. You further understand and accept that such attacks may affect your ability to access the Service, your NFT, or your Digital Artwork, as well as your ability to transfer your NFT or view or display the Digital Artwork.

  8. You understand and accept that transacting with NFTs may expose you to certain regulatory risks, including those related to the tax treatment of NFTs or cryptocurrencies and the possibility that NFTs may be designated securities or another regulated asset class.

  9. We do not own or manage the Open Sea blockchain, MetaMask, or any Third-Party Site or service that you may access, browse, or utilize in order to use the Service. You understand and agree that we are not liable for the activities or omissions of such third parties or third-party services, nor for any loss or damage you may incur as a result of any transactions or other interactions with such third parties or third-party services.

  10. You acknowledge that you have adequate knowledge of blockchain technology, NFTs, digital assets, digital wallets, and cryptocurrencies to comprehend these Terms of Service and recognize the risks and ramifications of purchasing NFTs. You acknowledge and agree that you have gathered enough information to make an informed decision about buying an NFT, including (if you choose to do so) reviewing the code of the smart contract, the NFT metadata, and the NFT as well as the storage system used for the Digital Artwork. You also agree that you fully comprehend and accept the functions of the same as well as any associated risks.

  11. By making a payment using a cryptocurrency, you recognize and accept that Linh is not liable for your payment not reaching us, including but not limited to instances in which payment over the Open Sea blockchain failed. It is exclusively your obligation to confirm that Linh has received and accepted your cryptocurrency payment.

  12. You accept and agree that your purchase of a non-fungible token complies with local laws and regulations.

  13. You recognize and accept that certain information about your transaction, including the address of your digital wallet, may be made public on the Open Sea blockchain.

  14. The use of the Service, including the purchase of NFTs, may involve financial risk. Smart contract transactions are irreversible and perhaps non-refundable. The danger of loss can be high while trading crypto assets, especially NFTs. The prices of crypto assets are volatile, and price movements could dramatically and negatively impact the value of your NFTs.

  15. You agree that you will access and use the Service at your own risk, including the chance that you may lose access to your NFT or the Digital Artwork permanently. We are not accountable for and assume no liability for your use of the Service and the transactions it facilitates.

13. GENERAL DISCLAIMERS AND OUR LIABILITY

  1. All types of liability, including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution, and other claims, are referred to as "liability" in this section 13.

  2. No aspect of these Terms of Service shall be construed to exclude or restrict our responsibility to you where to do so would be contrary to law. This includes liability for death or bodily damage resulting from our carelessness, liability for fraud or fraudulent misrepresentation, and any other liability that cannot be avoided or modified by applicable law.

  3. Subject to clause 13.2, our total liability to you in connection with the purchase or sale of an NFT, including any claim relating to the Artwork or Digital Artwork, and your use of the Service shall be limited to two thousand United States Dollars ($2,000) regardless of the cause of action brought. You understand and agree that your agreement under these Terms of Service is solely with Linh and that no other party linked with or working with Linh, including Linh Hoai Vu, shall have any duty to you. Any claims you might have may only be made against Linh.

  4. With the exception of clause 13.2, we are under no circumstances liable to you for: (i) any kind of exemplary, incidental, special, indirect, or consequential damages (including, but not limited to, loss of revenue, income or profits, loss of data or software, or business interruption); (ii) any damages resulting from your errors (such as forgotten passwords or mistyped addresses); (iii) any damages caused by our mistakes (such as improperly designed transactions or wrongly programmed NFTs) are our responsibility.); (iv) any damages caused by mining assaults, cyberattacks, security flaws, blockchain malfunctions or other technical problems, or telecommunications outages are not covered; (v) any losses brought on by unfavorable regulatory decisions or actions (including those relating to NFTs or cryptocurrencies) or taxation of NFTs or cryptocurrencies; (vi) any losses resulting from your inability to use the Service, access your NFT, or display your Digital Artwork, or from your inability to transmit your NFT; (vii) all losses brought on by any third-party service providers, including those who might mint the NFTs and/or store the NFTs or Digital Artworks even if Linh hired those third-party service providers; (viii) any losses brought on by the leaking of any personal information; (ix) any damages resulting from any unauthorized third-party activities, including without limitation the use of phishing, Sybil attacks, 51% attacks, brute forcing, modifications to the blockchain's protocol rules (also known as "forks"), or other attack methods that negatively impact any NFT or digital artwork in any way; each instance of (i) – (ix) regardless of the form of action, whether based in contract, tort, or any other legal or equitable theory, arising out of or in any way connected to the sale or use of the NFTs, the Digital Artworks, the Artworks, or otherwise related to these Terms of Service. (even if the party has been warned about the likelihood of such damages and even if such damages were anticipated).

  5. In connection with this Terms of Service, the Service, the NFTs, or the Digital Artworks or the Artwork, we make no representations or warranties and accept no liability of any kind, express or implied, including without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose, title, or non-infringement, functionality, or technical quality or performance of any NFT, the Service, smart code, condition of the NFTs, or Digital Artworks, or the Artwork.

  6. Some countries' laws prohibit some or all of the aforementioned disclaimers, limits, and exclusions. This is particularly true for consumers. If these laws apply to you, some or all of the disclaimers, limitations, and exclusions listed above may not apply, and you may have additional rights.

  7. We are not responsible for any loss caused by or resulting from confiscation of a shipment of an Artwork to any foreign country or state or risks of restricted transportation by any government or authority.

  8. We are not liable to you or any other party for any faults or differences in the quality or resolution of the NFTs, Digital Artwork, or any other content provided via the Service.

 

14. LIMITATION

 

In accordance with all applicable export control and sanctions laws and regulations of the United States and any other relevant governmental body, including without limitation the U.S. Export Administration Regulations and U.S. sanctions regulations ("Export Control and Sanctions Laws"), including without limitation the prohibition against transactions with, among other countries. If purchasing an NFT from us would violate the laws governing export controls and sanctions, you won't be allowed to do so.

 

15. PERSONAL INFORMATION

 

We will use your personal information exclusively as specified in our Privacy Policy.


 

16. DISPUTE RESOLUTION

 

  1. YOU CONSENT TO WAIVE YOUR RIGHT TO LITIGATE CLAIMS IN COURT. OTHER RIGHTS YOU WOULD HAVE IN COURT MAY ALSO BE DENIED OR LIMITED IN ARBITRATION.

  2. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL BY THIS DOCUMENT.

  3. YOU HEREBY EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE AS A CLASS MEMBER IN ANY LAWSUIT, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION LAWSUITS INVOLVING SUCH A DISPUTE.

  4. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be addressed to and eventually resolved by arbitration in accordance with the San Francisco County Superior Court Rules, which are included by reference into this clause 14. One arbitrator shall be appointed. The seat or legal location of arbitration shall be San Francisco, California, United States. English shall be the language utilized in the arbitral proceedings. Contract law shall be governed by the substantive law of the State of California, United States.

 

17. FINAL DISCLOSURES

  1. We may make reasonable modifications to these Terms of Service at any time for operational, legal, or regulatory reasons. We will notify you when we make major changes to the Terms of Service.

  2. We may assign any of our rights and responsibilities under these Terms of Service to a third party. You must convey your rights and duties under these Terms of Service to the new owner of any NFT you sell or otherwise transfer to a third party.

  3. Except as clearly specified in section 17.2, you may only transfer your rights and duties under these Terms of Service with our written consent.

  4. Each provision of these Terms of Service functions independently. If any portion of these Terms of Service is deemed invalid or unenforceable by a court, regulator, or arbitrator, the other parts shall remain in effect.

  5. If you violate these Terms of Service and we do not take action against you, we retain the right to exercise our rights and remedies in any other case where you violate these Terms of Service. The rights and remedies given in these Terms of Service are cumulative and are not exclusive of any legal rights or remedies.

  6. Except as expressly stipulated in article 17.7, this Terms of Service is solely between you and us, and no third party shall have the authority to enforce its terms.

  7. This Terms of Service is also for the benefit of the owners of Linh Vu NFTs from time to time, and each of them shall be able to enforce our commitments to the fullest extent authorized by law as if they were a party to this Terms of Service.

  8. Your and our rights to cancel, withdraw, or agree to any amendment, waiver, or settlement under these Terms of Service are not contingent on the approval of any other party.

  9. These Terms of Service reflect the whole of our agreement regarding your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by or on our behalf that is not contained within these Terms of Service, and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

  10. The laws of the State of California, United States govern these Terms of Service, its subject matter and formation (as well as any non-contractual disputes or claims).

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