TERMS AND CONDITIONS

We are a platform owned and operated by 3 BEAUTIFUL WAY S.L. (hereinafter referred to as "W3ST", "We", "us" or "our"). It is a metasearch marketplace, which enables online retail sales of different types of products, physical and digital, such as clothing and textile accessories, NFTs, DAOS, as well as provides blockchain consulting services, among others.  

These Terms of Service ("T&Cs") govern your access to and use of the platform operated by us, our apps, mobile apps, and any other software, tools, features or functionality provided in connection with our platform ("Platform"); including, without limitation, your use of the Platform to view, browse, create, trade, sell, transfer and/or maintain nfts and use our tools, or interact with the https://www.w3st.xyz/ website in any way.   

For the purposes of these terms, "User", "your" and "you", means you as a user of the Platform. If You are using the Platform on behalf of a company or other entity, the term "You" includes You and that entity, and You represent and warrant that: (a) You are an authorised representative of the entity with authority to bind the entity to these T&Cs, and (b) You accept these T&Cs on behalf of the entity.

These T&Cs are intended to set out the conditions on how to use the Platform correctly, your personal account and other important questions about its use. You can also find useful information in our questions and answers.

Please read these terms and conditions carefully before using the Platform provided by W3ST https://www.w3st.xyzAlby clicking on them, you agree to abide by these T&Cs. If you do not accept them, you may not access or use the Platform.

You are advised that, in order to use our Platform, you must use a third-party Wallet that allows you to transact on blockchains.

1. PARTS OF THESE T&C

1.1 These conditions are established between you and 3 BEAUTIFUL WAY S.L. (hereinafter, W3ST), a company incorporated and of Spanish nationality, provided with NIF B-42649707 and with registered office at Calle Juan de la Cierva 43 (floor 2, Iocal 4 and 5 of Elche, registered in the Mercantile Register of Elche telematically with protocol number 1.435, being the operator of the Platform. We are also the creators of the collection of MISPHITS NFTs based on Ethereum blockchain technology (hereinafter, "MISPHITS"). MISPHITS on the Platform can only be purchased with Ether (ETH) through the Platform.

1.2 By using the Platform in any capacity, You become a party to and accept the contents of these T&Cs, which are made available to You prior to the commencement of the contracting process of the NFTs.

If you have any questions about these T&Cs, please contact us at the following e-mail address: contact@w3st.xyz.

2. SCOPE OF APPLICATION OF THE T&C

2.1 Unless otherwise stated, these T&Cs only govern the use of the Platform that W3ST provides to its Users and not any other element that the User may use for the acquisition of the NFTs.

2.2 Unless otherwise stated, any future releases, updates or other additions to the functionality of the Platform shall be subject to these T&Cs.

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3. ACCOUNT

3.1 The home page that serves as the access point to the Platform is open to the public. However, in order to acquire a MISPHITS or to make use of some of the current or future functionalities of the Platform you must register on the Platform through the following link: misphits-mint.xyz

3.2 Blockchain addresses function as your identity within the Platform. You will therefore need a Wallet address within the relevant blockchain network in order to use any of the functionalities of Our Platform. Your account on the Platform will be inextricably associated with your blockchain address.

3.3 Your account on the Platform will be linked to your blockchain address and will display the NFTs associated with that Wallet. By using your Wallet in connection with the Platform, you agree that you are properly using the Wallet in accordance with the provisions of the applicable terms and conditions of the Wallet provider.

3.4 For the avoidance of doubt, Wallets are not operated, held or controlled by W3ST or the Platform. We are not responsible for any loss you may suffer through misuse of your Wallet, personal keys or passwords. If you do not agree with this, please do not use the Platform.

3.5 Some functionalities of the Platform require You to have an account and to provide certain personal information, which will be requested from You in the process of creating Your account. For this purpose, You represent and warrant that:

1. It provides accurate, complete and up-to-date information about you; 
2. You will undergo the required identity verification process using the information provided, as well as any other processes that are necessary to comply with applicable regulations; 
3. You will keep all your account information up to date during your use of the Platform; 
4. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. 
5. You further agree to make responsible and diligent use of account information to maintain the security of your account and password and accept all risks of unauthorised access to your account and the information you provide to us. In this regard, You shall be solely responsible for monitoring, maintaining and ensuring that the security of the account, password and any other authentication keys associated with the account are properly secured and safeguarded, and shall be solely responsible for any misuse or action taken through the use of such information on the Platform;
6. You will immediately notify W3ST of the discovery or suspicion of any breach of security that may affect the Platform or your account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
7. In any event, we reserve the right to request further information at any time, either at the request of a competent authority or on our own initiative in order to comply with the provisions of applicable regulations (including current or future anti-money laundering and anti-terrorist financing provisions) and to carry out the Know Your Customer(KYC) process as set out on the Platform.

In this regard, W3ST may require additional information and/or documentation if it has any suspicion or reason to believe that: 

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1. Your account is being used for money laundering or any other activity that may be considered illegal under current or future legislation; 
2. Has concealed or misrepresented false identification information and associated details; or 
3. Any transaction made through your account has been executed in breach of the contents of these T&Cs. 

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If any of the above circumstances apply, or we believe that you do not meet the requirements for using the functionalities provided on the Platform, W3ST may, in its sole discretion, suspend or terminate indefinitely any of your transactions, or the account itself, until you provide us with the relevant information and/or documentation required by W3ST and it has been reviewed and accepted as compliant with the applicable regulations. 

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In the event that the information and/or documentation is not accurate, complete, up to date or true, W3ST shall be entitled to deny you access to its Platform, as well as to take such actions as may be necessary to remedy any damage that may have been caused by a breach of these T&Cs. 

3.6 You may, at any time, delete or block your Account, for any reason, by following the instructions of the Platform. In addition, the Company may suspend or terminate your Account in accordance with section 3.5 below.

3.7 Lock and unlock your Wallet: In order to interact on the Platform, you must connect your Wallet through our website. Do not forget to lock your Wallet after using our Platform and also in your Wallet or personal system. Please note that when you connect your Wallet with our Platform, we cannot at any time operate with the cryptocurrencies, tokens or funds you have in it, the only purpose of connecting your Wallet with our Platform is to represent your balances in your profile, being You the only responsible for signing all interaction orders from your Wallet. Also, please note that:

• When you unlock your Wallet, we cannot trade your balances, cryptocurrencies, tokens or NFT's, you are the only one who can sign and confirm any order or interaction.
• When you connect your Wallet through our Platform, we cannot, at any time, know your personal information, such as your personal keys or password. Therefore, we will not be responsible for any loss you may suffer due to misuse of your Wallet, personal keys or passwords. Furthermore, by using the Website and agreeing to these T&Cs, you waive any and all claims you may suffer for any total or partial loss of your funds, tokens or cryptocurrencies against the Company and its legal representatives or employees. If you do not agree to this, we ask that you please do not use the Platform. 

3.8 Your access to and use of the Platform may be interrupted from time to time due to technical failures of the Platform, including, without limitation, equipment malfunctions, periodic updating, maintenance or repair of the Platform or other actions that W3ST, in its sole discretion, deems necessary to provide its services, as well as for reasons beyond W3ST's control.

5. ON THE USE OF ETHER

5.1 The ETHER (native token of the ETHERUM network) is used on the Platform to purchase MISPHITS and cannot be purchased using any other cryptocurrency or FIAT (legal tender). The User agrees and acknowledges that W3ST does not have the power to change the price of the ETHER, and that W3ST is not responsible for substantial losses that a User may suffer due to a decrease or increase of the ETHER, or the success or failure of the project.

5.2 Purchases of MISPHITS can only be made through Ethereum and must be sent from an Ethereum Wallet and network. 

5.3 Any third party website, Platform or Smart Contract that facilitates the assignment, transfer or receipt of the purchase of MISPHITS, which is not expressly included in these T&Cs, is not authorised by W3ST and in no way has any legal or commercial relationship with W3ST or the Platform.

5.4 W3ST may, but is not obliged to, allow the use of other tokens on the Platform in the future. In that case, these T&Cs will be modified to include these specific cryptocurrencies.

5.5 Ownership of a MISPHITS does not give you any express or implied right to W3ST and its Platform. Nor does such ownership guarantee the functionality, development or implementation of the Platform. Any possible future rights or expectations regarding the Platform are hereby waived.  

5.6 In particular, You agree, acknowledge and understand that a MISPHITS or MISPHITS do not represent or constitute:

• Any ownership right or interest, shares, stock, equity, security, commodity, bond, debt instrument or any other financial instrument or investment having equivalent rights.
• Any right to receive future income, shares or any other form of participation or governance rights from, in relation to, the Company and/or the Company Platform.

6. ECONOMIC CONDITIONS

6.1 PRICE. 

The price of the MISPHITS shown at the end of the transaction process will be final prices, in which all applicable extras or discounts, expenses and taxes, payment methods, etc. are included. In any case, all these amounts will be shown to the User in detail during the order process. Notwithstanding the above, it is indicated that the price of gas is not excluded from the total price of MISPHITS. 

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6.2 PAYMENT METHODS

The User will be able to purchase the MISPHITS according to the requirements indicated in the purchase process of the Platform. The steps to follow and the available payment methods will be explained in detail during the transaction process.

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Card payments are made through the Stripe payment gateway. From that moment on, an automation will be activated and will proceed with the minting of the selected MISPHITS, which will be assigned directly to the connected wallet.

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The payment process may take a few seconds/minutes. During this period the selected MISPHITS units are not frozen or reserved and the external mining process will continue. The selected units are not secured and may not be assigned to the user until the transaction is completed. In this case W3ST will proceed with the refund to the card used during the process within a maximum period of 28 days.

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 7. USE OF THE PLATFORM

7.1 You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, personal licence to access and use the Platform, provided that such licence is subject to your compliance with these T&Cs. 

If any software, content or other materials owned, controlled or licensed by us are distributed or made available to you as part of your use of the Platform, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-exclusive right and licence to access and display such software, content and materials provided to You as part of the Platform, for the sole purpose of enabling You to use the Platform as permitted by these T&Cs, provided that Your license in any content linked or associated with any NFT is solely as set forth by the applicable seller or creator of such NFT.

7.2 You undertake and warrant that you will not purchase any MISPHITS that contains inappropriate content, including, but not limited to, pornography, child abuse, third party intellectual property rights, hate speech or is otherwise contrary to public policy or unsuitable for public commerce. If you encounter any content that may be considered inappropriate according to our rules, please contact customer support on our Discord server. In the channel: https://discord.com/channels/826864935656882186/1014107816375631902

W3ST does not control or constantly monitor the Platform. In any event, W3ST will remove all unacceptable content from the Platform, blocking the hash of these MISPHITS from future transactions and/or user accounts. 

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7.3 We reserve the right to take action, with or without notice, if We believe that You have violated these T&Cs. Such actions may include removing Your ability to view certain MISPHITS on the Platform or to use the Platform to interact with such MISPHITS; disabling Your ability to use the Platform, including the act of purchasing MISPHITS available on blockchain; and/or any other action We deem appropriate.

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7.4 In addition, You agree not to violate or infringe any law, contract, intellectual property or other rights of any third party, and to be solely responsible for Your conduct and content, while accessing or using the Platform. You further warrant that you will not act in any of the following ways:

• Use or attempt to use another User's account without the User's authorisation;
• Impersonating another person or entity.
• Claiming a W3ST user name for the purpose of reselling it or otherwise engaging in name squatting.
• Access the Platform from a different blockchain address if we have blocked any of your other blockchain addresses from accessing the Platform, unless you have our written permission first.
• Distribute spam, including by sending unwanted MISPHITS to other Users.
• Use the Platform - including disseminating any software or interacting with any API - that could damage, disable, overburden, or impair the operation of the Platform in any way.
• Bypassing or ignoring instructions that control access to the Platform, including attempting to circumvent any rate limiting system by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the origin of traffic you send to W3ST;
• Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorised by us to access the Platform, extract data or otherwise interfere with or modify the representation of the pages or the functionality of the Platform.
• Reverse engineer, duplicate, decompile, disassemble or decode any aspect of the Platform, or do anything that may discover source code or circumvent or bypass measures employed to prevent or limit access to any Platform, area or code on the Platform.
• Sell or resell the Platform or attempt to circumvent any W3ST fee system.
• Engage in behaviour that has the intent or effect of artificially causing an item or collection to appear at the top of search results, or artificially increasing the number of visits, favourites or other metrics that W3ST may use to rank search results.
• Use the Platform or data collected from our Platform for any advertising or direct marketing activities (including, without limitation, email marketing, SMS marketing and telemarketing);
• Using the Platform for money laundering, terrorist financing or other illicit financing.
• Use the Platform from a country sanctioned by the United States government or to facilitate transactions with persons sanctioned by the United States government or located in sanctioned countries.
• Use the Platform to conduct any financial activity subject to registration or licensing, including but not limited to the creation, sale or purchase of securities, commodities, options or debt instruments.
• Use the Platform to create, sell or buy NFTs or other items that entitle owners to participate in an ICO or any securities offering, or that are exchangeable for securities, commodities or other financial instruments.
• Use the Platform to engage in price manipulation, fraud or other deceptive or manipulative activity.
• Use the Platform to buy, sell or transfer stolen items, fraudulently obtained items, items taken without authorisation, and/or any other illegally obtained items.
• Infringe or violate the intellectual property rights or any other rights of third parties.
• Create or display illegal content, such as content that may involve the sexual exploitation of children.
• Create or display NFTs or other items that promote suicide or self-harm, incite hatred or violence against others, or doxify another individual.
• Use the Platform for any illegal or unauthorised purpose, including the creation or display of illegal content, such as content that may involve the sexual exploitation of children, or the encouragement or promotion of any activity that violates the Platform Terms.
• Use the Platform in any way that may interfere with, disrupt, disrupt, adversely affect or prevent other Users from fully enjoying the Platform.

8. RIGHTS - PROFITS ASSOCIATED WITH THE ACQUISITION OF THE MISPHITS

All bona fide purchasers of MISPHITS shall, from the moment they have in their Wallet the acquired NFT(s), have at least the following rights or benefits:

1. Right to sovereign citizenship in W3ST
2. Co-governance of the Meta-Nation created by W3ST through the DAO (Decentralised Autonomous Organisation) promoted by W3ST.
3. W3ST common treasury management
4. Direct access to W3ST NODES
5. Dynamic NFT. Your Misphit will be able to evolve according to the state of the art and the specific conditions of the moment.
6. Access to the annual Misphits event and other private events (IRL and digital)
7. Direct access to limited edition products associated with W3ST and MISPHITS.
8. Right to obtain the Airdrop (free cryptocurrency remittances or tokens) of the future W3ST native token.
9. Entitlement to access exclusive draws and giveaways associated with W3ST and MISPHITS.
10. Sites reserved for future Whitelists to be launched by W3ST.
11. Access to exclusive content for MISPHITS Holders (people who hold onto NFTs for a long period of time without selling them) 
12. Voting rights to participate in the promotion of grants to NGOs and Solarpunk projects.

9. INTELLECTUAL PROPERTY RIGHTS ON THE PLATFORM

9.1 Our name, logo, trademark and any other product or service names, designs, logos and slogans are the intellectual property of W3ST or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each case. You may not use any meta tags or any other hidden text using "W3ST" or any other name, trademark or product or service name of ours or our affiliates or licensors without our prior written permission. 

9.2 All intellectual property rights in the Platform, the information and materials contained therein, including, but not limited to, the Platform itself, the text, photographs or illustrations, logos, trademarks, graphics, designs, interfaces and any other information, content or services available through the Platform are owned by us or have been licensed to us accordingly by their respective owner.

9.3 Your use of the Platform and/or any of its contents, regardless of its type or form, shall in no way constitute a waiver, transfer, licence or assignment, in whole or in part, of the aforementioned intellectual property rights by W3ST. You are granted a right to use the Platform and its contents and/or services for the purposes of information and management of the services provided by Us and in accordance with the T&Cs, together with any other documents referred to herein or applicable to any such services available through the Platform.

9.4 References to trade marks or trade names or other distinctive signs on the Platform imply a prohibition on their use without Our consent or that of their lawful owner. Accessing, browsing and using the Platform does not grant You any rights to such trademarks or trade names, including logos.

9.5 We expressly reserve all intellectual property rights in the Platform and its content and services. In particular, we do not permit the modification, copying, reproduction, communication, transformation or distribution in any medium or form, in whole or in part, of the Platform or any of its contents for any public or commercial purpose, except with our prior express written permission.

9.6 Furthermore, it is forbidden to remove or manipulate the copyright indications or any other credit that may identify the holders of the rights to the contents of the Platform, as well as the technical protection devices, digital fingerprints or any protection mechanism or information incorporated into the Platform.

9.7 Similarly, if you believe that the Platform infringes your own intellectual property rights, or any other rights, please email us at [...], with the following information:

• Identification of the claimant and his or her representative, including contact information.
• Relevant documentation supporting your claim, identifying the holder of the infringed rights.
• A detailed list of the rights that have allegedly been infringed by us or by one of our users, as well as their precise location on our platform.
• An express statement that the content has been used without the consent of the owner.

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10. INTELLECTUAL PROPERTY RIGHTS RELATING TO THE MISPHITS

10.1 You are solely responsible for your use of the Platform in connection with the minting, loading, purchase and transfer of MISPHITS, including your compliance with applicable laws, rules and regulations, as well as these T&Cs.

By using the Platform in conjunction with the creation, submission, posting, publication, promotion or display of content, you grant us a worldwide, non-exclusive, sub-licensable, royalty-free license to use, copy, modify and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data or otherwise, that you submit or post to the Platform for our current and future business purposes, including to provide, promote and improve the Platform. This includes any digital files, artwork or other material linked or associated with any MISPHITS displayed here.

10.2 The foregoing shall not be construed as a claim of ownership over its contents. We do not keep MISPHITS on the Platform, MISPHITS are only kept in the User's Wallet.

10.3 You represent and warrant that you have, or have obtained, all rights, licences, consents, permissions, permissions, power and/or authority necessary to grant the rights to any content that you create, submit, post, publish, promote or display on or through the Platform. 

You represent and warrant that such content does not contain copyrighted material, trademarks, rights of publicity or other intellectual property rights, unless you have the necessary permission or are legally entitled to post the material and grant W3ST the license described above, and that the content does not violate any law.

10.4 By purchasing a MISPHITS, W3ST retains all intellectual property rights arising therefrom and grants you a worldwide, non-exclusive, non-transferable license to use your MISPHITS.

10.5 You agree to prevent any third party from doing or attempting to do any of the following:

• Modify the artwork of your NFT in any way, including, without limitation, the shapes, designs, drawings, attributes or colour schemes thereof.
• Use your NFT artwork to advertise, market or sell any third party products or services.
• Use your NFT artwork in connection with images, videos or other forms of media depicting hatred, violence, cruelty or anything else that could reasonably be considered as incitement to hatred or infringing on the rights of others.
• Use your NFT artwork in films, videos or any other media.
• Selling, distributing for commercial purposes or otherwise marketing goods that include, contain or consist of the art of your TFN.
• Attempt to trademark, copyright or otherwise acquire intellectual property rights in or to your NFT.
• Otherwise, use the art of your NFT for your commercial benefit or that of third parties.

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The above may only be modified or changed with the express written permission of W3ST. 

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W3ST does not guarantee the originality or authenticity of any of the MISPHITS on its platform, unless expressly stated otherwise.

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10.6 The licence granted upon purchase of an NFT will only be in force for as long as You own the NFT. If at any time You sell, exchange, donate, gift, transfer or otherwise dispose of the NFT, the licence granted shall immediately expire in respect of such NFT without any further requirement. In such event, the right to acquire the NFT shall become bound by these T&Cs. 

11. LIMITATION OF LIABILITY

11.1 You are solely responsible for determining whether Your purchase of MISPHITS will give rise to any tax implications on Your part. You are also solely responsible for withholding, collecting, reporting, reporting, paying, settling and/or remitting each tax to the appropriate tax authority(ies) in such jurisdiction(ies) in which you may be liable to pay taxes.

11.2 The User shall not hold W3ST or any of their respective directors, officers, agents, employees or other representatives liable for any and all claims, demands and damages of any kind arising out of or in any way connected with the use of the Platform. If this occurs, the User agrees to defend, hold harmless and indemnify W3ST, its affiliates and its Platform providers, and each of their respective representatives, from and against any and all liabilities, obligations, losses, damages, costs, fines, judgments, settlements, fees, expenses (including, without limitation, attorneys' and professionals' fees), claims, actions, suits, investigations, proceedings or demands arising out of or relating to the User's access to or use of the Platform, such as (without limitation), any content submitted by the User, including, without limitation, false, inaccurate or misleading information, the User's willful misconduct, the User's breach of these T&Cs, the User's actual or alleged violation of any applicable law (in particular, but without limitation, applicable anti-money laundering laws), the User's violation of any contractual rights of the Company or any third party.

11.3 The Platform is made available by W3ST"as is" and"as available" at the sole risk of the User and without representations or warranties of any kind. All warranties of any kind (express or implied, statutory or otherwise, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement) are expressly excluded to the fullest extent permitted by applicable law. No information, whether oral or written, obtained by the User from W3ST or through the blockchain shall create any warranty.

11.4 To the extent permitted by applicable law, in no event shall the Company, its parent, subsidiaries, affiliates, or any of their directors, officers, employees, agents and contractors be liable for:

1. Any loss suffered or incurred by the User or any third party arising out of or in connection with the Platform, or any breach or non-compliance with these T&Cs, however fundamental, however material, including, for the avoidance of doubt, loss arising as a result of any act or omission of the Company or any other party which, directly or indirectly, results in a bid or offer being executed, not executed or executed with delay;
2. Any losses, damages, claims, costs or expenses arising out of or relating to (i) any interruption of the Platform or malfunction, from any cause, of the Platform or associated communications systems or equipment, or (ii) any incomplete or incorrect transactions resulting from incomplete, incorrect, failed, misinterpreted or misinterpreted communications or errors; or (iii) any unauthorised access to or use of the Company's servers or the Platform and/or any personal information stored thereon; or (iv) any bugs, viruses or the like which may be transmitted through the Platform by any third party; or
3. Any indirect, incidental, special or consequential loss, damage, claim, cost or expense (including, without limitation, any economic loss or damage, loss of profits, revenue, goodwill or anticipated savings, loss or corruption of data, loss of uptime or loss of contracts) of any nature whatsoever, whether arising in tort (including negligence), breach of contract or otherwise, arising out of or in connection with the use or inability to use the Platform, even if W3ST has been advised of the possibility of such damages.
4. In the event of any failure or delay for reasons beyond W3ST's reasonable control, including, without limitation, war, disaster, acts of nature, power failure, failure of communications services or currencies, work stoppage, boycott, sabotage, computer virus, phishing, phishing, spoofing or other malware, riots or disputes, or acts or omissions by You or any third party, including national and/or supranational governmental agencies or bodies and courts of law, or any delay or error caused by failures in the Ethereum smart chain.

12. PLATFORM MAINTENANCE

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12.1 We will use reasonable endeavours to ensure that the User can access the Platform in accordance with these T&Cs. However, we may temporarily suspend the Platform for maintenance or upgrades and will use reasonable endeavours to inform you of such scheduled maintenance. You acknowledge that this may not be possible in emergencies and you accept the risks associated with the fact that you may not always be able to access, use or transact with your account.

12.2 We may therefore temporarily interrupt the Platform service without notice in order to carry out maintenance work necessary for the proper functioning of the Platform.

13. TERM AND TERMINATION

13.1 These T&Cs shall remain in force for as long as You use the Platform.

13.2 If you decide to close your Account, you may transfer your unsold MISPHITS to your personal Wallet and you may delete them from the Platform.

13.3 We may suspend or terminate your rights to use the Platform (including your account) at any time for any use of the Platform in breach of these T&Cs (such as failure to pass AML/TF and KYC procedures). 

13.4 In addition, W3ST will temporarily suspend the User's right to use the Platforms if:

• W3ST detects fraudulent User transactions.
• The user does not provide additional information necessary to identify the user or the due diligence process.
• The User does not accept possible updates of the T&C or the Privacy Policy.

13.5 Upon termination of the User's rights to use the Platform, the User's access to the Account will be temporarily blocked. Upon termination of the User's rights under these T&Cs, the User's right to access and use the Account and the Platform will terminate immediately.

13.6 W3ST shall have no liability to You for any termination of these T&Cs, including termination of Your account.

13.7. In accordance with the provisions of Royal Decree Law 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, Users are informed that transactions and purchases made through the Platform are not covered by the right of withdrawal provided for in the aforementioned regulations.

Specifically, the right of withdrawal is exempted, derived from the application of the provisions of Article 103 b) of the aforementioned text (The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period) as well as in Article 103 m) of the aforementioned text (The supply of digital content that is not provided on a material medium when the performance has begun and, if the contract imposes an obligation on the consumer or user to pay, when the following conditions are met: 1.The consumer or user has given his prior consent to start performance during the period of the right of withdrawal; (2) The consumer or user has expressed his knowledge that he consequently loses his right of withdrawal; and (3) The trader has provided a confirmation in accordance with Article 98(7) or Article 99(2).

15. SECURITY

You are responsible for implementing all reasonable and appropriate measures to secure Your personal Wallet, safe or other storage mechanism You use to interact with the W3ST Platforms and to receive and store MISPHITS purchased by You, including the keys You choose for use of the Platform, personal passwords, two- or three-factor authentication, or other credentials necessary to access such storage mechanisms. If your private keys or other access credentials are lost, you may lose access to your MISPHITS, ETHERs and/or other NFTs. W3ST shall not be responsible for any security measures related to their receipt, possession, storage or the company permitted to retrieve such cryptoassets.

16. RISKS

By making any purchase, or taking any action intended to use the Platform and by agreeing to these T&Cs, you agree to and acknowledge each of the following:

1. The value of collectible blockchain assets is inevitably volatile and have no inherent or intrinsic value as such. Such volatility may materially and adversely affect the value of the NFTs, and furthermore, given that the value of collectible blockchain assets is subjective, we cannot guarantee to any holder of MISPHITS that such NFT will retain its original value.
2. You are solely responsible for determining what, if any, taxes apply to your transactions. W3ST is not responsible for determining what taxes apply to your transactions on the Platform. 
3. There are risks associated with the use of internet-based currency and currency analogues such as cryptocurrencies, including, but not limited to, the risk of hardware, software and internet connections, the risk of introduction of malicious software and the risk that third parties may gain unauthorised access to information stored in your electronic Wallet. You agree and acknowledge that we shall not be liable for any communication failures, interruptions, errors, distortions or delays that you may experience while using the Platform, however they may arise.
4. Lack of use or public interest in the creation and development of distributed ecosystems could have a negative impact on the development of the Platform and/or MISPHITS, and thus on their potential usefulness or value.
5. The legal framework governing blockchain technologies, cryptocurrencies and tokens is yet to be defined, and this situation may result in new regulations or policies that materially affect the development of the Platform and/or MISPHITS, and therefore the potential usefulness or value thereof.

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17. DEVICES AND EQUIPMENT

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17.1 You will need the appropriate devices and connection to access the Platform and will be responsible for any costs associated with Your Internet connection. In addition, You will use any of the following devices and equipment to access and use the Platform:

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1. Device with a minimum resolution. We cannot guarantee the correct display of data on the Platform with lower resolutions.
2. Supported web browser installed with the latest version available. We will attempt to fix any errors or problems related to the Platform's display and experience only if they occur in one of the supported browsers. Supported browsers are:

• Chrome
• Firefox
• Safari

3. We will do our best to make the Platform work with most modern browsers, but we cannot guarantee that all will work.
4. We may stop supporting any of the browsers at any time at our discretion. When a browser is no longer supported, we will stop fixing problems for it.
5. Your web browser settings must allow the use of cookies for the Platform URL and must not have any pop-up blockers for the Platform URL.

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17.2 We are not responsible for your inability to access or use the Platform due to Internet overload or failures or problems relating to devices, equipment and/or networks.

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18. HYPERENLACE

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18.1. In the event that the Platform displays hyperlinks to other websites by means of buttons, links, banners or embedded content, we inform you that, unless otherwise specified, these are managed and controlled by the relevant third parties. We have no control or means, either technical or human, to supervise, control or approve the information, content or services provided by other platforms to which you may link from the Platform.

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Accordingly, we are not responsible for any aspect of the linked website, including, but not limited to, its operation, access, data, information, quality, reliability of and services, any links available on the website and/or any of its contents in general.

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In this regard, if you have factual knowledge that third parties are engaging in illegal or immoral activities through any of these websites, you must notify us immediately in order to remove the relevant hyperlink from the Platform.

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In any case, the establishment of any kind of hyperlink on the Platform to another website does not imply any kind of relationship, collaboration or dependence between Us and the owners of the third party website.

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18.2 We do not permit links to the Platform from websites that include content or information that is in any way unlawful, illegal, degrading or obscene, or that generally contravene the law, morality, public order or generally accepted social norms.

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We have no control or human or technical means to access or approve the information, content and services provided by other websites that may establish links to Our Platform. We shall not be responsible for any aspect related to the website containing the link, including, but not limited to, aspects related to its operation, access, data, information, reliability and quality of its services, its own links and/or any of its contents in general. The existence of any link to the Platform does not imply any kind of relationship, collaboration or dependence between Us and the owners of the third party website.

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19. DISPUTE RESOLUTION, APPLICABLE LAW AND JURISDICTION

19.1 For any disputes relating to the Platform or any of its dependencies, the applicable law and courts shall be those determined in accordance with applicable law.

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Furthermore, in accordance with the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of online consumer disputes, in the event of a dispute, you may, if you so wish, use the "Commission's Dispute Resolution Platform" to attempt to settle out-of-court any dispute arising from the provision of services by W3ST.

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You can send your complaint to a dispute resolution body authorised by the Commission via the following link: http://ec.europa.eu/consumers/odr/

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19.2 Any dispute relating to the Services and/or in connection with these Conditions shall be resolved by negotiation.

20. MISCELLANEOUS

20.1 We may modify these T&Cs from time to time as we deem appropriate, including when there are changes to the intended functionality of the Platform or as required by law or regulatory requirements to which we are subject or any other change to any provision or content of these T&Cs at our discretion. If we make any changes to these T&Cs, we may post a notice in our sole discretion along with the updated T&Cs on our website and will change the "Last Updated" date at the top of these T&Cs. Any changes to the T&Cs will become effective immediately after the updated T&Cs are posted on our website.

20.2 If any term, clause or provision of these T&Cs is determined to be unlawful, void or unenforceable (in whole or in part), then such term, clause or provision shall be severable from these T&Cs without affecting the validity or enforceability of any part of the remainder of such term, clause or provision, or any other term, clause or provision of these T&Cs, which shall remain in full force and effect. By accepting these T&Cs, You agree that any term, clause or provision of these T&Cs that is held to be illegal, void or unenforceable shall be replaced by a new, valid or enforceable legal, valid or enforceable term, clause or provision of these T&Cs with the same original meaning or intent.

20.3 Nothing in these T&Cs shall be deemed to create a form of partnership, joint venture or any other similar relationship between You and W3ST and/or other persons or entities involved in these T&Cs.

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