ESB TERMS & CONDITIONS

The EPIC Santa Brotherhood is a collection of digital artworks (NFTs) running on the Ethereum network. Users are entirely responsible for the safety and management of their own private Ethereum wallets and validating all transactions and contracts generated before approval. Furthermore, as The EPIC Santa Brotherhood smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.

OWNERSHIP

You Own the NFT. Each EPIC Santa Brother is an NFT on the Ethereum blockchain. When you purchase an NFT, you own the underlying EPIC Santa Brother, the Art, completely. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point may we seize, freeze, or otherwise modify the ownership of any EPIC Santa Brother.

Personal Use. Subject to your continued compliance with these Terms, The EPIC Santa Brotherhood grants you a worldwide, royalty-free license to use, copy, and display the purchased Art, along with any extensions that you choose to create or use, solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of a marketplace that permits the purchase and sale of your EPIC Santa Brother/ NFT, provided that the marketplace cryptographically verifies each EPIC Santa Brother owner’s rights to display the Art for their EPIC Santa Brother to ensure that only the actual owner can display the Art; or (c) as part of a third party website or application that permits the inclusion, involvement, or participation of your EPIC Santa Brother, provided that the website/application cryptographically verifies each EPIC Santa Brother owner’s rights to display the Art for their EPIC Santa Brother to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the EPIC Santa Brother leaves the website/application.

Commercial Use. Subject to your continued compliance with these Terms, The EPIC Santa Brotherhood grants you an unlimited, worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art (“Commercial Use”). Examples of such Commercial Use would e.g. be the use of the Art to produce and sell merchandise products (T-Shirts etc.) displaying copies of the Art. For the sake of clarity, nothing in this Section will be deemed to restrict you from (a) owning or operating a marketplace that permits the use and sale of EPIC Santa Brother generally, provided that the marketplace cryptographically verifies each EPIC Santa Brother owner’s rights to display the Art for their EPIC Santa Brother to ensure that only the actual owner can display the Art; (b) owning or operating a third party website or application that permits the inclusion, involvement, or participation of EPIC Santa Brother generally, provided that the third party website or application cryptographically verifies each EPIC Santa Brother owner’s rights to display the Art for their EPIC Santa Brother to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased EPIC Santa Brother leaves the website/application; or (c) earning revenue from any of the foregoing.

ESB  IP.  Other than the rights to the Art, nothing herein gives you any rights to any other trademarks or other intellectual property rights belonging to The EPIC Santa Brotherhood including, without limitation, to The EPIC Santa Brotherhood, ESB, EPIC, and the associated logos. All of these rights are expressly reserved in the name of EPIC Studios.

Feedback. You may choose to submit comments, bug reports, ideas or other feedback about the site, including without limitation about how to improve the site (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback in any way we choose without additional compensation to you and you hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license to incorporate and use the Feedback for any purpose.

Disclaimers

(I) You expressly understand and agree that your access to and use of the site is at your sole risk, and its connected services are provided “as is” and “as available” without warranty of any kind, whether expressed or implied. By using this website you are accepting sole responsibility for any and all transactions involving The EPIC Santa Brotherhood digital collectibles. To the fullest extent permissible pursuant to applicable law, we make no express warranties and hereby disclaim all implied warranties regarding the site and any part of it (including, without limitation, the site, any smart contract, or external websites, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. Without limiting the generality of the foregoing, we, our subsidiaries, affiliates, and licensors do not represent or warrant to you that (a) your access to or use of the site will meet your requirements, (b) your access to or use of the site will be uninterrupted, timely, secure or free from error, (c) Usage data provided through the site will be accurate, (d) The site or any content, services, or features made available on or through the site are free of viruses or other harmful components, or (e) That any data that you disclose when you use the site will be secure. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so some or all of the above exclusions may not apply to you.

(II) You accept the inherent security risks of providing information and dealing online over the internet, and agree that we have no liability or responsibility for any breach of security unless it is due to our willful misconduct.

(III) We will not be responsible or liable to you for any losses you incur as the result of your use of the Ethereum Network nor do we have any control over and make no guarantees regarding any smart contracts.

Limitation of Liability

(I) You understand and agree that we will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which you may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages.

(II)  You agree that our total, aggregate liability to you for any and all claims arising out of or relating to these terms or your access to or use of (or your inability to access or use) any portion of the site, whether in contract, tort, strict liability, or any other legal theory, is limited to the greater of (a) the amounts you actually paid us under these terms in the 12 month period preceding the date the claim arose, or (b) $500.

(III) You acknowledge and agree that we have made the site available to you and entered into these terms in reliance upon the warranty disclaimers and limitations of liability set forth herein. we would not be able to provide the site to you without these limitations.

Risk Assumption

You accept and acknowledge each of the following:

(I) To the extent that you sell your EPIC Santa Brother NFT, please be aware that the prices of NFTs are extremely volatile and fluctuations in the prices of other NFTs may impact the price of your EPIC Santa Brother both positively and negatively.  Given the volatility, NFTs such as EPIC Santa Brother should not be considered an investment. You assume all risks in that connection.

(II) No information on this Site (or any other documents mentioned therein) is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, nothing on this site qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities or other financial products.  Due to the artistic nature of the project, The EPIC Santa Brotherhood has not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of an EPIC Santa Brother and the associated art is in compliance with laws and regulations in your jurisdiction.

(III) You assume all risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet.

(IV) NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled.  New regulations could negatively impact such technologies impacting the value for your EPIC Santa Brother. You understand and accept all risks in that regard.

(V) You assume all responsibility for any adverse effects of disruptions or other issues impacting Ethereum or the Ethereum platform.

Indemnification

You agree to hold harmless and indemnify The EPIC Santa Brotherhood and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys’ fees arising out of or in any way related to (a) your breach of these Terms, (b) your misuse of the site, or (c) your violation of applicable laws, rules or regulations in connection with your access to or use of the site.