TERMS & CONDITIONS

These Terms of Service, including any terms and conditions and policies incorporated by reference (collectively, these “Terms”) constitute a binding agreement between you and Arctic Blue Beverages Ltd, a company registered in Helsinki, Finland.

Disclaimer

Kindly note that any order may be subject to local laws and restrictions that may prohibit or restrict the right to acquire the products (including non-fungible tokens and/or alcoholic beverages) and/or local taxes, customs, duties, or other charges that are payable upon receipt of the product(s). Any applicable taxes, customs, duties, or other charges shall be borne by the purchaser. Local laws and regulations may further require the purchase of the alcohol products to take place through an authorized or licensed third-party retailer.

The person placing the order bears full responsibility for ensuring that it is allowed to order the product(s) from the country where the order is placed and have the product(s) shipped to the country to where they are requested to be shipped. Arctic Blue Beverages Ltd. Advises to contact your local customs office for further information. Arctic Blue Beverages Ltd. does not participate in any costs related to obtaining information related to the permissibility of ordering the product(s) or in the payment of any taxes, customs, duties or other charges.

WE MAY, FROM TIME TO TIME, MAKE ANNOUNCEMENTS REGARDING YOUR NFTS AND WE MAY INCLUDE ADDITIONAL TERMS AND CONDITIONS REGARDING YOUR NFT ON OUR WEBSITE WHICH MAY ALSO BE INCLUDED IN THE METADATA OF YOUR NFT.

We reserve the right to amend these Terms from time to time without notice and at our sole discretion. If we decide to change these Terms, the effective date will be posted so that you will always know what terms of use apply when you use the Platform or Services. It is your responsibility to review these stated Terms regularly. We reserve the right to discontinue or suspend all or part of our Platform and may restrict your access to all or part of the Platform at any time without notice or liability. Any breach of these Terms immediately terminates your right to access and use the Platform and Services and all rights and licenses granted to you by these Terms.

BY USING THE PLATFORM AND SERVICES, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. If you for any reason do not agree with or cannot abide by these Terms, including our Privacy Policy, please discontinue use of our Services immediately.

You agree not to gain unauthorized access to the Platform or Services, or any account, computer system or network connected to the Platform or otherwise, for example, through hacking, password mining or any other illicit means.

NFT

You may buy a non-fungible token (NFT) through our Platform that represents:

THE SALE OF ALCOHOLIC PRODUCTS

The NFT sold by Arctic Blue Beverages Ltd does not include any alcoholic products. The NFT contains only a right to separately purchase the Alcoholic Product, meaning that you will need to  

1) interact on the Blockchain to change the appearance of your NFT artwork before you can exercise your purchase right. This cannot be undone. This is done by paying the transaction and processing fee and then submitting your shipping information. Every transaction on the Ethereum Platform requires the payment of a transaction fee known as a “Gas Fee”. It is paid to network validators for their services to the Blockchain. In order to process this transaction, a processing fee of 5 USD is paid to Arctic Blue Beverages Ltd. Kindly note that the Gas Fee may fluctuate according to the floating Ethereum exchange rate. 

2) conclude a separate purchase transaction as described below and  

3) pay the additional price (approximately 100 EUR) as well as any duties and taxes in accordance with local laws and regulations. Such local laws and regulations may also contain restrictions that prevent you from exercising your purchase right. 
 
By using our Platform and seeking to Redeem the Alcoholic Product, you acknowledge that you will need to interact on the Blockchain, pay transaction and processing fee and complete a separate transaction with one of our appointed partners, subject to additional fees as well as duties and taxes as dictated by these terms and any applicable laws and regulations. You further acknowledge that such laws and regulations may contain restrictions that prevent you from Redeeming the Alcoholic Product. 

PURCHASING AND SELLING YOUR NFT ON OUR PLATFORM

At selected times determined by us, we will make NFTs available for purchase through our Platform. When paying with cryptocurrency, the price for each NFT is 1500 USD and will be designated in ETH (Ethereum) and determined by us or through an auction process. The USD price might vary according to the floating Ethereum exchange rate. When paying with credit card, the price for each NFT is 1500 EUR. We reserve the right to modify the types, prices, and number of NFTs that are available at our discretion. 

You may purchase your NFT through our Platform using Ethereum-cryptocurrency or credit card (EUR) through payment service provider Paytrail. You can either use a digital wallet you establish or one we create for you (credit card information needed). We never hold custody nor take ownership or possession of your NFT, other than as described in these Terms. 

If you purchase your NFT using cryptocurrency using your own digital wallet, your NFT will be minted directly into that wallet. If you purchase your NFT using a credit card, the Legacy NFT will appear in your wallet within 24 hours from the time of purchase. The digital wallet is created when accessing the site and connecting with your Google account. You are responsible for ensuring your digital wallet address has a sufficient amount of the Ethereum-cryptocurrency to cover your purchase as well as any gas fees as described in these Terms. 
 
You acknowledge and agree that if you decide to buy or sell a NFT outside of our Platform, such purchases and sales will be entirely at your sole risk.

Secondary Marketplaces

NFTs may be purchased, sold, traded, or distributed on certain smart contract-enabled secondary marketplaces, platforms and exchanges operated by third parties where users can sell, purchase, transfer, list for auction and bid on NFTs (“Secondary Marketplaces”). NFTs may not be compatible with all Secondary Marketplaces, and we make no guarantee about the availability or functionality of any Secondary Marketplace. You acknowledge and agree that we are not a party to any agreement or transaction where you trade on any Secondary Marketplace a NFT even if, in the case of a NFT, it was initNFTs may be purchased, sold, traded, or distributed on certain smart contract-enabled secondary marketplaces, platforms and exchanges operated by third parties where users can sell, purchase, transfer, list for auction and bid on NFTs (“Secondary Marketplaces”). NFTs may not be compatible with all Secondary Marketplaces, and we make no guarantee about the availability or functionality of any Secondary Marketplace. You acknowledge and agree that we are not a party to any agreement or transaction where you trade on any Secondary Marketplace a NFT even if, in the case of a NFT, it was initially purchased via our Service, and even if we receive a commission or fee is received by us as a consequence of the transaction. We are not liable for any loss incurred by you in connection with any transaction that takes place on Secondary Marketplaces or on any other third-party sites or services. 
 
These Terms only relate to your use of the Services, and do not relate to any other website or Internet-based services, including Secondary Marketplaces, communication platforms or other websites or browser extensions to which the Services may link (“Third-Party Sites”). References or links to any Third-Party Site that we make available are provided for your convenience and information only, for example, to make it convenient for you to trade your NFT. Such links should not be interpreted as endorsements by us of any Third-Party Site. When you click such link, we may not warn you that you have left our Services and are subject to the terms and conditions and privacy policies of a Third-Party Site. We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, advertising, products, services, information or other materials on Third-Party Sites. We are also not responsible or liable for the availability or accuracy of the Third-Party Sites. 
 
All transactions initiated through our service are facilitated and run by third-party service providers, and by using our services you agree that you are governed by the terms of service and privacy policy for the applicable extensions.
 

Redeeming the Alcoholic Product

When you buy a NFT, it includes the purchase right to the Alcoholic Product subject to the limitations and restrictions set forth in these terms and conditions and any applicable laws and regulations. However, title to the Alcoholic Product will remain with us and the Alcoholic Product will remain in our, or one of our partner’s, possession until you redeem your Alcoholic Product as set out in this section. 

The owner of a NFT may exercise the purchase right to Redeem the Alcoholic Product. Before you can exercise the purchase right, you must interact on the Blockchain to change the appearance of your NFT artwork. This cannot be undone. This is done by paying the transaction and processing fee and submitting your shipping information. The Gas Fee, included in the transaction and processing fee, may fluctuate according to the floating Ethereum exchange rate.    

In order to obtain title to the Alcoholic Product, you must exercise your purchase right to redeem the Alcoholic Product and conclude a separate purchase transaction with one of our appointed partners, in accordance with all applicable local laws and regulations. The purchase of the Alcoholic Product will be subject to an additional purchase price of approximately 100 EUR and may be subject to local taxes, fees or duties, all of which will be borne by you.  

We may post on our Platform the date starting on which you may exercise your purchase right to redeem the Alcoholic Product (“Redemption Start Date”). We may also provide a date by which your purchase right to redeem the Alcoholic Product must be exercised (“Redemption End Date”). The Redemption Start Date and Redemption End Date are not binding and may be subject to change. You acknowledge that it is your responsibility to access our Website and Platform to receive updates on the Redemption Start Date and Redemption End Date. The Redemption Start Date and Redemption End Date may not be available at the time you purchase a NFT. Once the Redemption End Date is over, we reserve the right to either burn the NFT or render the NFT non-Redeemable, which may include changing the Artwork or metadata of the NFT. 

All requests to exercise the purchase right to redeem the Alcoholic product are final and may not be reversed. 

You acknowledge that we may make amendments to the design or other aspects of the Alcoholic Product, meaning that the Alcoholic Product you receive may differ in visual design or otherwise from what may have been presented to you earlier. 

YOU FURTHER ACKNOWLEDGE THAT SALES AND PURCHASE OF THE ALCOHOLIC PRODUCT MAY BE SUBJECT TO LOCAL RESTRICTIONS, DUE TO WHICH WE CANNOT SELL SUCH PRODUCT TO CERTAIN JURISDICTIONS OR TO MINORS WHO ARE NOT LEGALLY PERMITTED TO PURCHASE ALCOHOLIC BEVERAGES. IN SUCH CASES, YOU WILL NOT BE ABLE TO EXERCISE YOUR PURCHASE RIGHT TO REDEEM THE ALCOHOLIC PRODUCT, AND WILL NEED TO 1) HOLD THE NFT UNTIL SUCH TIME AS WE CAN LEGALLY SELL THE ALCOHOLIC PRODUCT TO YOU, OR 2) SELL YOUR NFT. 

Cancellation right

In case you are a consumer, you have a cancellation right entitling you to return the Alcoholic Product (as applicable) within 14 days of receiving the goods. Due to health and safety requirements, any returned goods must be unused and unopened with seal intact, meaning you will permanently lose your cancellation right, if you use or open the goods. Notwithstanding the aforementioned, your cancellation right may be subject to local restrictions, laws and regulations. 
 
If you want to exercise your cancellation right, you must give us notice in writing by e-mail to legacy@arcticbluebeverages.com, within 14 days of receiving the goods. You will thereafter receive further instructions from us on how to return the goods. Kindly note that all shipping costs related to returning the goods are borne by you. These shipping costs will likely amount to approximately 30-60 USD, but will ultimately depend on your location and the shipping fees applicable at the time. 
 
Once we have received the Alcoholic Product returned by you and confirmed that it is unused and unopened, we will return the purchase price you have paid for the Alcoholic Product. Kindly note that this is not the price you have paid for your NFT nor the cost of interaction on the Blockchain to change the appearance of your NFT artwork, but only the purchase price you have paid specifically for the Alcoholic Product in the separate purchase transaction when you Redeemed the Alcoholic Product. 

Kindly note that your purchase right to the Alcoholic Product will irrevocably expire in case you have Redeemed your Alcoholic Product and exercised your cancellation right. Thus, your NFT will no longer carry any purchase rights. Any other benefits related to the NFT will not be affected by you exercising your cancellation right. 

LOSS OF NFT DUE TO PASSIVITY

If an owner’s account is inactive, meaning no successful logins have been made, for 5 years, Arctic Blue Beverages Ltd will attempt to contact the account owner. If the account owner does not respond within 21 days or the account owner cannot be reached, Arctic Blue Beverages Ltd is entitled to burn that NFT, and such NFT can no longer be Redeemed.  

REVOKING YOUR NFT

Arctic Blue Beverages Ltd retains the ability, and may, revoke your NFT, or alter the metadata of your NFT to remove all information about it (including any and all intellectual property licensed to you under these Terms) where (1) you violate these Terms of Use, including without limitation the intellectual property license granted to you; (2) as a preventative measure if you loses access to your digital wallet that contains your NFT; or (3) where we no longer have the rights to offer the NFT. 
 
If the foregoing action is taken because you have violated these Terms of Use, you acknowledge that you may forfeit any amounts paid for your NFT. If the foregoing action is taken because you have lost access to your digital wallet that contains your NFT, Arctic Blue Beverages Ltd may, but is not obligated to, work with you to remediate this situation, and you acknowledge that you may lose any amounts paid for your NFT. You acknowledge and agree that when Arctic Blue Beverages Ltd revokes your NFT, you may no longer have access to such NFT in your digital wallet, and you may no longer be able to Redeem a corresponding Alcoholic Product, any experience or additional feature or access corresponding Artwork, as applicable. 

PAYMENT FOR THE NFT

Any cryptocurrency payments via the Platform are processed in Ethereum. Any credit card payments via the Platform are processed by service provider WERT.io (SHA2 Solutions OÜ and SHA2 Solutions Inc) or Paytrail Plc, find their terms and conditions here. https://widget.wert.io/terms-and-conditions, https://www.paytrail.com/en/terms-and-conditions  

We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. Whether a particular cryptocurrency is accepted as a payment method by us is subject to change at any time in our sole discretion. 
 
All bank, credit card, or other payment information is sent directly to and stored with the payment processor using its security protocols. We do not store your payment information on our systems and shall not have any responsibility for the safety or security of that information. We may add or change any payment processing services at any time. Any Third-Party Site or payment processing service may be subject to additional terms or conditions including their privacy policies. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transaction that you engage in via the Platform, or any other payment or transactions that you conduct via the Ethereum Platform. 
 
Every transaction on the Ethereum Platform requires the payment of a transaction fee known as a “Gas Fee”. This means that you are required to pay a blockchain transaction fee, known as a “Gas Fee,” for each purchase of a NFT paid with cryptocurrency. If you seek to transfer your NFT via a Secondary Marketplace, you may also incur Gas Fees or other transaction costs. Gas Fees are paid to the network of computers that operate the Ethereum  

blockchain and are not paid to Arctic Blue Beverages Ltd. Note that Gas Fees often fluctuate based on a number of factors.  

 
If you sell your NFT via the Platform or a Secondary Marketplace, such transaction will be subject to a transaction fee that is approximately five percent (5 %) of the transaction price of the NFT, which may be in addition to any fees imposed by a Secondary Marketplace which may be automatically deducted upon sale or purchase. All such fees are applied to the final sale price and are collected and distributed to us at the time of sale through smart contracts on the Ethereum Platform or through the Secondary Marketplace. Any secondary sale or purchase of a NFT on a Secondary Marketplace is also subject the terms and conditions of that Secondary Marketplace. 

INTELLECTUAL PROPERTY

All text, graphics, logos, icons, images, artwork, audio clips, video clips and software on our Platform or included in the NFT, including any artwork or Brand Art, and all legally protectable elements of the foregoing, including, without limitation, all derivative works, translations, adaptations or variations of the same, regardless of medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, and all intellectual property rights therein (the foregoing, “Content”) are all owned by or licensed to us. Content and the Alcoholic Product may contain trademarks, copyrights service marks, trade names and other intellectual property rights that are owned by us or our licensors or partners. You are hereby granted a limited, non-exclusive license (without the right to sublicense) to display, copy and use the Content (a) solely for your own personal, non-commercial use and (b) on our Platform or on a Secondary Marketplace solely to facilitate the sale of your NFT; provided that you keep all copyright or other proprietary notices intact. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you other than as explicitly set forth in these Terms. 

Unless authorized in writing by an officer of Arctic Blue Beverages Ltd., you may not use any Content without our prior written consent. Such authorized use must not be likely to cause confusion among customers, or in any manner that disparages or discredits us or our licensors. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, or exploit the Content for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent. You may not use the Content on any other website or medium, including in a networked computer environment for any purpose other than to transact on our Platform as authorized by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made and we may end your authorization to use our Platform. Your purchase of a NFT means you have full ownership rights in the NFT, including the right to store, sell and transfer your NFT. However, you agree and acknowledge that your purchase of the NFT does not provide you any right or license (express or implied) to use the Artwork associated with the NFT or other than the license set forth above. In addition, your NFT does not represent any ownership in the Alcoholic Product until you have Redeemed the Alcoholic Product. Your rights and interest in your NFT will immediately terminate upon any subsequent sale, transfer, dispossession, burning, or other relinquishment of your NFT. 

You may choose to submit comments, bug reports, ideas or other feedback about the Platform, including, without limitation, about how to improve the Platform or Services through the email address provided at the end of these Terms (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose. Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by Arctic Blue Beverages Ltd or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components. The Arctic Blue Beverages logo and any Arctic Blue Beverages Ltd product or service names, logos or slogans that may appear on the Service or Service are trademarks of Arctic Blue Beverages Ltd or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Arctic Blue Beverages” or any other name, trademark or product or service name of Arctic Blue Beverages Ltd or our affiliates without our prior written permission. In addition, the look and feel of the Service and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Arctic Blue Beverages Ltd and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Arctic Blue Beverages names or logos mentioned on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Arctic Blue Beverages Ltd. 

Acknowledgements and Assumption of Risk

YOU MUST BE OF LEGAL DRINKING AGE IN ORDER TO REDEEM THE PHYSICAL ITEM FROM ARCTIC BLUE BEVERAGES. WE TAKE ALCOHOL LAWS SERIOUSLY, AND IF YOU ATTEMPT TO PURCHASE ALCOHOLIC BEVERAGE BY PLACING AN ORDER ON OUR PLATFORM IN VIOLATION OF THE LAW, WE WILL ASSIST LAW ENFORCEMENT IN PROSECUTING YOU TO THE FULLEST EXTENT OF THE LAW. 

You acknowledge and agree that you are responsible for your own conduct while accessing or using our Platform, and for any consequences thereof. You agree to use the Platform only for purposes that are legal, proper and in accordance with these Terms and any applicable laws, rules or regulations. You represent and warrant and agree that your use of the Platform will not, and you will not permit any third party to or attempt to, in any manner, do any of the following while using our Services: 

You acknowledge and agree that there are risks associated with purchasing, holding, and using your NFT. By purchasing, holding and using a NFT, you expressly acknowledge and assume all risks including, but not limited to: forgotten passwords; inability to access or use your digital wallet for any reason, including lost private keys; mistyped addresses or improperly constructed instructions when transmitting or receiving NFTs or any cryptocurrency; errors in the smart contract that mints and controls the NFTs; errors in our Platform or Services, including errors regarding the price or availability of NFTs; inability to access or transfer a NFT or the Content, including missed opportunities to Redeem or resell NFTs; blockchain malfunctions or other technical errors or failures; unfavorable regulatory determinations or actions (including with respect to NFTs or cryptocurrencies); taxation of NFTs or cryptocurrencies; unanticipated risks; volatility risks in the value of NFTs and cryptocurrencies; cybersecurity attacks; personal information disclosure; unauthorized access to applications; unauthorized third-party activities, including, without limitation, the introduction of viruses or other malicious code; the use of phishing, sybil attacks, 51% attacks, bruteforcing, or other means of attack that affect, in any way, the NFTs or the Content; and changes to the protocol rules of the Ethereum Platform (i.e., “forks”) or upgrades to the Ethereum Platform, (the foregoing, collectively, “Platform Risks”). 

You acknowledge and agree that you have a sufficient understanding of the functionality, usage, storage, transmission mechanisms and other material characteristics of, blockchain technology, NFTs, digital assets, digital wallets, and cryptocurrencies to understand these Terms and to appreciate the risks and implications of purchasing a NFT. 
 
You acknowledge and agree that there is substantial uncertainty as to the characterization of NFTs and other digital assets under applicable law. You acknowledge that your purchase of a NFT complies with applicable laws and regulation in your jurisdiction. 
 
Given the regulatory regime governing blockchain technologies, cryptocurrencies and digital assets is uncertain, you acknowledge and agree that new regulations or policies in Finland or foreign jurisdictions may materially adversely affect the development of the Platform or Services, and therefore the potential utility, value, or ability to use, transfer, exchange your NFT. We are not responsible if your NFT, or any Content becomes inaccessible to you for any reason, or for any modifications or changes to your NFT or any Content including any deletion, removal, or inaccessibility on our Platform or otherwise. We are also not responsible if we are unable to access your NFTs due to the loss or compromise of the private keys to our administrative wallet. 

You acknowledge and agree that we or our partners could make additional copies of, and distribute, the Brand Art associated with your NFT, and could sell or otherwise assign the copyright or other intellectual property rights or economic rights in such Brand Art. 
 
You acknowledge and agree that the price of a NFT and its corresponding Content and/or Alcoholic Product are subjective. A lack of use or public interest in NFTs or the corresponding Content and/or Alcoholic Product could negatively impact the potential utility or value of your NFT. 
 
You acknowledge and agree that (i) NFTs are intended and offered solely as consumer goods and not as an investment, or for speculation, or financial gain; (ii) each NFT has no inherent or intrinsic value; (iii) we cannot guarantee that any NFT will retain its original value; (iv) acquisition of a NFT does not entitle you to any equity or ownership interest in any entity, project, or endeavor; (v) you may be unable to resell your NFT, and, with respect to the NFT, no representations are made as to the re-saleability of the NFT; and (vi) no representations are made as to the financial value of NFTs. 
 
You acknowledge and agree that your NFT or any cryptocurrency used to purchase a NFT may be lost, stolen or compromised due to bad actors or exploitations on the Ethereum blockchain or other systems. You also acknowledge and agree that bad actors may attempt to impersonate you, create counterfeit versions of your NFT, sell replicas of your NFT or misuse Content associated with or linked to your NFT. 

You acknowledge and agree that other digital assets on the Ethereum blockchain and other blockchains may be of more value than NFTs generally, and the introduction of new blockchain technologies and products may impact the value of your NFT. 
 
You acknowledge and agree that the market for NFTs is new and volatile, and that the price of your NFT may greatly decrease over a short period of time, impacting the liquidity of your NFT and price of your NFT. You acknowledge and agree that we, or any of our licensors or partners, may go out of business, declare bankruptcy or cease operations, thereby decreasing the value of your NFT. 
 
You acknowledge and agree that your NFTs exist only by virtue of the ownership record maintained on the Ethereum Platform. Any transfer of NFTs occurs within the Ethereum Platform and not on the Service or Platform. 

NOTICES

“Communication” means any customer agreements or amendments, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to your use of the Services that we may provide to you, including, but not limited to, information that we are required by law to provide to you in writing. We will give you any necessary Communications by posting them on our Platform. You authorize us to send any Communications and all changes to such Communications electronically. We may, from time to time, make announcements regarding NFTs, including, but not limited to, the availability of any NFT and your ability to Redeem your Alcoholic Product, features, functions, services, products, rewards, or offers. All announcements will be made by us either on the Platform, by email and/or our dedicated social media accounts. You acknowledge and agree that it is your responsibility to check our Platform and these accounts for all announcements. Arctic Blue Beverages Ltd is not responsible for any missed opportunities for failure to check announcements, nor are we liable for the availability of the social media platforms. 

We may include additional terms and conditions regarding your NFT on our Website which may also be included in the metadata of your NFT. 

CONSUMER PROTECTION

If you are a consumer, any applicable mandatory provisions on consumer protection will always have precedence over the terms of this Agreement. 
 
Thereby, the disclaimer of warranties and limitations to our liability set forth in this Agreement shall not apply to any consumer relations, meaning we assume liability in accordance with applicable consumer protection laws, in case you are a consumer. In such case we are liable for any faults or errors in the contents or goods provided by us to you in accordance with the applicable consumer protection laws. Thus, we are liable to rectify any faults or errors within reasonable time of receiving your notice. You must give us such notice within reasonable time of detecting the fault or error. Faults and errors may entitle you to receive a price reduction or, unless the fault or error is insignificant, cancel the Agreement. We are further liable to pay damages for any damage caused by such a fault or error, but will bear liability for indirect damages only in case of negligence. We are released from all liability, if the fault or error was caused by an event beyond our control, which we could not have foreseen and the effects of which we could not avoid or overcome. 

DISCLAIMER OF WARRANTIES

We do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of the functions, features, operations, Content, NFTs, Platform, Services or other information we provide to you. We cannot and do not warrant your use of our Services, or the operation or function of the Platform, any component, feature, function, capability or offer or any products, software or services, will be uninterrupted or error free, or that defects or malfunctions will be corrected or that the site is free of viruses or other harmful elements. 
 
Your use of our Platform is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with such use. We make no representations about the suitability, reliability, availability, timeliness and accuracy of our Website. OUR WEBSITE, PLATFORM, THE NFTS, THE PRODUCTS AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE, EACH OF WHICH IS SPECIFICALLY DISCLAIMED. EXCEPT AS IS REQUIRED BY LOCAL LAW, ANY WARRANTY OF ANY KIND IS EXCLUDED BY THIS SECTION. 
 
WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. ARCTIC BLUE BEVERAGES LTD FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER IN THE AUCTION/SALE BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF CRYPTO ASSETS OR BETWEEN ANY USERS. 

LIMITATION OF LIABILITY

We are not responsible for damages to you caused by circumstances beyond our control, such as war, natural disasters, pandemics, export or import bans, official decisions, disruptions to public transport or energy distribution, labour disputes, technology or telecommunications failures, cyberattacks, any unauthorized third-party activities or other similar circumstances that hinder or prevent the activities of us or our partners.  

We will not be responsible or liable to you or any other party for errors or failures to execute any purchase of your NFT, including, without limitation, errors or failures caused by: (i) your failure to follow our instructions; (ii) any loss of connection to our Platform or Services unless caused by our gross negligence; (iii) a failure of any software or device used by you to buy your NFT; (iv) any other failure to execute your NFT purchase or for errors or omissions in connection with this activity unless caused by our gross negligence; or (v) any Platform Risk. 

IN NO EVENT SHALL WE AND/OR OUR OFFICERS, SUPPLIERS, DISTRIBUTORS, DIRECTORS, PARTNERS, OWNERS, AGENTS, CONTRACTORS, OR REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OUR WEBSITE, THIS AGREEMENT, THE USE OR PERFORMANCE OF OUR PLATFORM, THE DELAY OR INABILITY TO USE OUR PLATFORM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE OUR PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF OUR PLATFORM OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF WE OR ANY OTHER PARTY MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 
 
IN NO EVENT WILL THE AGGREGATE LIABILITY OF ARCTIC BLUE BEVERAGES LTD, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE OWNERSHIP OF THE PURCHASE RIGHT FOR NFTS EXCEED THE AMOUNT OF THE INITIAL SALE OF THE PURHASE RIGHT FOR NFT ON OUR PLATFORM THAT IS THE SUBJECT OF THE CLAIM. 

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT OF ARCTIC BLUE BEVERAGES LTD. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEB SITE, OR WITH ANY PART OF THIS AGREEMENT OR YOUR TRANSACTIONS WITH US, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS OUR LIABILITY OR YOUR REMEDIES UNDER THIS AGREEMENT. 

ERRORS ON OUR SITE OR RELATED TO NFTS

Prices and availability of the initial sale of NFTs are subject to change without notice. Errors will be corrected where discovered, to the extent feasible. We are not responsible for any errors with respect to the listed price of a NFT or availability of NFTs displayed on our Website, including any errors made by you when listing your NFT for sale. We have the right to change the price of a NFT before it is sold for any reason, including that the price was listed in error. We will not alter the price of an owners listing price arbitrarily. 

MOBILE AND MOBILE APPS

Arctic Blue Beverages Ltd may offer areas and features which are accessible via a mobile device, like a smartphone. These features and areas may include the ability to upload content, make purchases, determine your location, and other similar activities. Note that standard messaging, data, and other fees may be charged by your carrier to engage in any activities which are available on your mobile device. If you have questions about these issues, please contact your carrier as Arctic Blue Beverages Ltd has no control and are not responsible for such charges. 

GENERAL PROVISIONS

You agree that we and our agents, representatives, contractors, suppliers and others working on our behalf, may make improvements and/or changes in the Platform, the Services and the Content on the site, and all features, functions and/or services may change at any time without notice and without liability of any kind. You are responsible for compliance with applicable laws and regulations that apply to you, keeping in mind that access to our site may not be legal by certain persons or in certain countries. Even if we do not exercise some right or enforce some provision at any particular time, that does not mean we have waived that or any other right in any way. If any provision of our Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. These Terms, comprise the entire agreement between you and us regarding the subject matter and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties with respect to same. These Terms are personal to you and you may not transfer, assign, or delegate any of them to anyone without our express written permission and any attempt to do so without prior written permission, will be void ab initio. These Terms will inure to the benefit of our successors, assignees, and licensees. The headings are included for reference only and have no effect on the meaning of any provision. 

APPLICABLE LAW AND DISPUTE RESOLUTION

The laws of Finland shall apply to this agreement and any dispute shall be settled by the courts of Finland, with the District Court of Helsinki as the court of first instance. The UN Convention on Contracts for the International Sale of Goods shall not apply to this agreement. 
 
In case you are a consumer, applicable consumer protection provisions may entitle you to alternatively lodge a claim in the court of your jurisdiction. Furthermore, you may be entitled to refer any dispute to your local consumer dispute board. 

PRIVACY

We value your privacy. You can find our privacy policy here: https://arcticbluebeverages.com/privacy-policy/

CONTACT INFORMATION

Arctic Blue Beverages Ltd.
Email: legacy@arcticbluebeverages.com
Address: Aleksanterinkatu 19, 00100 Helsinki, Finland

LAST UPDATED

These Terms were last updated on: November 11, 2022