1. DEFINITIONS. The following terms have the corresponding meanings:

“NFT” means any blockchain-tracked, non-fungible token.

“Samsung Members NFT Wallet” means Samsung Members Wallet that is blockchain enabled to store and display Samsung Members NFT.

2. RESTRICTIONS. You agree and acknowledge that Samsung Members NFT is tied to your Samsung Account and you will lose your Samsung Members NFT if you permanently delete your Samsung Account. You also agree that you may not, nor permit any third party to do or attempt to do any of the following without Samsung’s express prior written consent in each case: (i) modify, distort or perform any other change to your Samsung Members NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (ii) use the art for your Samsung Members NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others or promote illegal activities; (iii) use the art for your Samsung Members NFT in connection with defamatory or dishonest statements about Samsung and/or its affiliated companies or which otherwise damage the goodwill, value or reputation of Samsung; (iv) use the art for your Samsung Members NFT as a brand or trademark or to advertise, market, or sell any third party product or service; (v) use the art for your Samsung Members NFT in movies, videos, or any other forms of media, except solely for your own personal, non-commercial use; (vi) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), commercialize merchandise that includes, contains, or consists of the art for your Samsung Members NFT, or otherwise utilize the art for your Samsung Members NFT for your or any third party’s commercial benefit.

3. LIMITATIONS AND NO RIGHT TO TRADEMARKS. No Samsung trademarks are licensed to you. You may not use or attempt to register any asset, including any domain names, social media accounts or related addresses, that contains or incorporates any artwork, other representation, name or mark that may be confusingly similar to Samsung trademarks.

4. TRANSFERS. You agree and acknowledge that you are unable to transfer the Samsung Members NFT out of the Samsung Members NFT Wallet to another blockchain wallet.

5. DISCLAIMER OF WARRANTIES. You accept the Samsung Members NFT “as is”, with no representation or warranty of any kind, either express or implied, including, but not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement, in excess of any statutory rights that you may have under the applicable laws.

6. LIMITATION OF LIABILITY. Samsung and You do not limit or exclude liability for any types of loss or damage for which liability cannot, under applicable law, be excluded or limited, to the extent that the applicable law prevents such exclusion or limitation, or to the extent that a court of competent jurisdiction judges that such an exclusion or limitation would be ineffective under applicable law.

In no event shall Samsung be liable for any indirect, incidental, consequential, special, exemplary, punitive damages or lost profits, even Samsung or its authorized representatives have been advised of the possibility of such damages. You hereby waive any and all rights to any indirect, incidental, consequential, special, exemplary, punitive damages or lost profits from Samsung. Notwithstanding anything to the contrary contained herein, Samsung’s cumulative liability to you arising from any cause of action will at all times be limited to the lesser of (a) your actual loss; or (b) SGD1,000. The foregoing disclaimers, exclusions and limitations shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. You acknowledge that this Clause 6 is reasonable and you will accept such risk and/or insure accordingly.

7. ASSUMPTION OF RISK. Samsung and You do not limit or exclude liability for any types of loss or damage for which liability cannot, under applicable law, be excluded or limited, to the extent that the applicable law prevents such exclusion or limitation, or to the extent that a court of competent jurisdiction judges that such an exclusion or limitation would be ineffective under applicable law.

8. GOVERNING LAW. You agree as follows: (i) To the extent a there is a price or market for a blockchain asset, such markets and prices are extremely volatile, and variations in the price of other digital assets could materially and adversely affect the value of any digital asset(s) you own, such as Samsung Members NFT; (ii) there are risks associated with using an Internet-native assets (e.g., non-fungible tokens, etc.) and Samsung will not be responsible for any of these, however caused; (iii) Samsung does not make any promises or guarantees about the availability of the art on the Internet or that Samsung will host the art at any specific location and/or for any specific period of time; and (iv) the Samsung Members NFT is made available solely for entertainment purposes.

9. MISCELLANEOUS.

1. Samsung shall be entitled at its sole and absolute discretion to terminate, modify, vary, delete or add to these Terms at any time.
2. You may use links or access to third party services in relation to the Samsung Members NFT. Such access will not be construed as an endorsement, sponsorship, or affiliation. Samsung exercises no control whatsoever over such other third party services, and is not responsible or liable for the availability, functioning, or quality thereof or the content, advertising, products or other materials thereon. Samsung will not be responsible or liable, directly or indirectly, for any damage or loss (including data loss) incurred or suffered by You in connection therewith. Your access and use of third party services, including information, material, products and offers therein, is solely at Your own risk. Use of third party services may require Your agreement to separate written terms and conditions.
3. If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.