By purchasing a Digital Vellum non-fungible token (‘DV-COMMISSIONING-NFT’ and ‘DV-AUTHENTICITY-NFT’) the User agrees to abide by these Terms and Conditions.

Definitions

“Agreement” is the Terms and Conditions herein as well as the Privacy Policy located at https://digitalvellum.io/privacy-policy/.

“DV” is Digital Vellum Ltd, an organisation, its affiliates, agents, officers, contractors, employees and the https://digitalvellum.io website.

“Artwork” is a physical, derivative piece of art created by DV, based on a CryptoPunk.

“CryptoPunk” is the registered trademark belonging to Yuga Labs which is also defined as the CryptoPunk artwork collection.

“Site” is defined as https://digitalvellum.io, the website where the project will take place.

“DV-COMMISSIONING-NFT” (or “Commissioning-NFT”) is an NFT that acts as a redeemable pass to claim a custom made physical DV artwork.

“DV-AUTHENTICITY-NFT” (or “Authenticity-NFT” is an NFT that is minted on completion of the Artwork and contains, at least, an image of the Artwork. It may also include additional metadata/properties about the Artwork, the CryptoPunk, commission, secondary sales, rights and licensing as necessary. It will be transferred to the User once minted.

“NFT” is a unique digital identifier that cannot be copied, substituted, or subdivided, that is recorded in a blockchain, and that is used to certify authenticity and ownership (as of a specific digital asset and specific rights relating to it)

“User” is defined as a consumer who purchases a DV-COMMISSIONING-NFT via the Site.

“Digital Vellum Website” is the Site that allows a User to purchase a Digital Vellum and hosted at https://digitalvellum.io

General Terms and Conditions

There are only 11 artworks in this series, and therefore only 11 DV-COMMISSIONING-NFTs available.

A User may purchase no more that 3 of the 11 DV-COMMISSIONING-NFTs

Only Ether (ETH) on Ethereum is accepted.

Artwork must be claimed by 31 December 2024 after that date the DV-COMMISSIONING-NFT may not be redeemed for a custom artwork nor will the Digital Vellum Artwork be customised.

Must own both a DV-COMMISSIONING-NFT and a CryptoPunk NFT in order to redeem the DV-COMMISSIONING-NFT for a custom Artwork

All design details to be determined by DV

Estimated custom Digital Vellum artwork delivery: typically, 4 months from purchase or as agreed

Delivery timelines may vary depending on external factors including delivery address.

For additional details please contact: contact@digitalvellum.io

All sales are final and can not be returned or exchanged. The terms of final sale, as set forth in these Terms and Conditions, supersede any contradicting terms as may be stated on any sales receipt or that are part of DV’s standard return policies and practices.

By purchasing a DV-COMMISSIONING-NFT you grant DV an irrevocable, nonexclusive, royalty-free license to use your CryptoPunk and its underlying intellectual property, if any, to design, manufacture and sell the corresponding artwork.

Prior to commencing work, DV reserve the right to verify ownership of the CryptoPunk that is to be used in the commissioning of the work. Prior to shipment of the artwork, DV will verify ownership of the corresponding DV-COMMISSIONING-NFT. lf a DV-COMMISSIONING-NFT holder sells their DV-COMMISSIONING-NFT prior to shipment of the artwork, such artwork will no longer be shipped to the client and the order may be voided. DV will not be held liable.

DV retains all right to any and all IP used in the production, manufacture and design of the Artwork

Any purchase shall not assign, convey or otherwise transfer any intellectual property rights therein (including, but not limited to, any commercial license or rights) to the purchaser.

DV collects and processes personal information about you when you interact with the website for purposes of minting DV-COMMISSIONING-NFT and to begin the artwork creation process. You have certain rights with respect to your personal information. These may include the right to request access to, rectification or erasure of the personal information we maintain about you or the restriction of the processing of this information or to object to such processing. For more information about your rights and our data practices, please see DV’s Privacy Policy at https://digitalvellum.io/privacy-policy/ .

Individuals who are of the age of 18 years or older, who own and have access to a crypto wallet compatible with the Ethereum network, are eligible for participation as a User. Each User must be identified on the Site with their crypto wallet.

Without limit to the generality of the following, User agrees and shall procure that neither DV nor any other company is obliged to identify User as author of the respective works, unless required by law.

DV shall not be liable for any losses resulting from or arising out of delays in processing transactions, inability to execute transactions, or lack of timely response from DV.

User acknowledges and agrees that they may be required to pay network or miner’s fees for a transaction to be successful. Insufficient network fees may cause a transaction to remain in a pending state outside of DV’s control. DV is not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions.

DV shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from DV. Always check the url of the Site to ensure you are visiting the right webpage, interacting with the correct Site, and to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

Subject to all applicable laws. Void where prohibited.

Governance and Disputes

These terms and conditions are governed by and construed in accordance with the laws of England and Wales.

Any dispute you have which relates to these terms and conditions, or your interactions with DV (whether it be contractual or non-contractual), will be subject to the exclusive jurisdiction of the courts of England and Wales.

Indemnification

You agree to indemnify and hold DV, its affiliates and service providers, and each of its or their respective officers, directors, agents, joint ventures, employees and representatives, harmless from any claim or demand (including legal fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.

Limitation of Liability; No Warranty.

In no event shall DV, its affiliates and service providers, or any of their respective officers, directors, agents, joint ventures, employees or representatives, be liable (i) for any loss of the digital assets associated with your digital asset wallet at the time of the event or circumstance giving rise to your claim or (ii) for any lost profits, loss of goodwill or reputation, loss of data, diminution in value or business opportunity, any loss, damage, corruption or breach of or any other intangible property or any special, incidental, indirect, intangible, or consequential damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with any use of the site, or this agreement, even if DV has been advised of or knew or should have known of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose, except to the extent of a final judicial determination that such damages were a result of DV’s gross negligence, fraud, wilful misconduct or intentional violation of law. This means, by way of example only (and without limiting the scope of the preceding sentence), some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

The site is provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied or statutory. To the maximum extent, and by applicable law, DV specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. DV does not make any representations or warranties that access to the site, any part of the services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. DV does not guarantee that any order will be executed, accepted, recorded or remain open. Except for the express statements set forth in this agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the services and site. Without limiting the foregoing, you hereby understand and agree that DV will not be liable for any losses or damages arising out of or relating to: (i) any inaccuracy, defect or omission of digital asset price data, or any error, delay or interruption in the transmission of such data; (ii) viruses or other malicious software obtained by accessing our websites, software, systems operated by us or on our behalf or any of the services or any website or service linked to our website; (iii) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems operated by us or on our behalf or any of the services; or (iv) any other losses that may arise from the misuse of the site.