OBJECT and DEFINITIONS
1. These general conditions of contract (the "General Conditions") contain the terms and conditions governing the access, provided by The Tech Alchemist Limited with registered office Old Casino, 28 Four SUSSEX - Hove, EAST BN3 2PJ - United Kingdom - VAT Reg #. 164 8463 82 (the "Company"), to users (the "Users") of the "Monty Lab" service (the "Service"), which is an exclusive club/community that reserves to holders of "Crazy Fury" non-fungible tokens (the "NFT"), a series of benefits (the "Benefits"), as better described on the platform, upon registration on the site by Users interested in obtaining the Benefits (the "Platform").
By proceeding with the use of the aforementioned Service, the User declares to accept the General Conditions as described in the Platform, including the vexatious clauses specified in art. 38.
2. In addition to the terms defined elsewhere in the General Conditions, for the purposes of the same General Conditions, the following are defined:
- "Account": means the User's personal profile on the Platform;
- "Causes of Force Majeure": by way of example and without any limiting intent, it is considered force majeure, strikes, wars, fires, epidemics, pandemics or any other event that is outside the reasonable sphere of control of the Company and which prevents the full and correct fulfillment of the obligations provided for by the General Conditions;
- "Contents": by way of example and not limited to, all types of information, slides, text, photos, videos, graphics, music, audio and other material owned by the Company and/or any licensors of the Company present on the Platform and / or part of the Service;
- "Consumer Code": means the Legislative Decree no. 206 of 6 September 2005 on consumer rights;
- "Consumer": means the natural person who signs up for purposes not related to their professional activity, as defined by the Consumer Code;
- "Rights": means the intellectual property rights inherent in the Contents, as well as trademarks, logos, domain names, designs, algorithms, software, and any other content that may be the subject of proprietary rights (including source codes) and/or any other intellectual property right relating to the NFT, the Service and the Platform, exclusively owned and/or in any case available to the Company;
- "Registration": procedure for filling out the form prepared for creating the Account, as a necessary condition for using the Service.
CONCLUSION OF THE GENERAL CONDITIONS
3. The User declares to have read and expressly accepted the General Conditions when using the Platform and/or registering with it by creating an Account and/or using the Service. The General Conditions must be considered applicable, without distinction, to all Users who use all or part of the Service.
4. If the User does not intend to accept even one of the terms and conditions of the General Conditions, he is invited to refrain from using the Service and from registering on the Platform.
5. The User acknowledges and accepts that the Company reserves the right to modify the General Conditions at any time, at its own discretion, by making the User aware of them through publication on the Platform. The mere visit to the Platform after the modification will be valid as complete acceptance, by the User, of the modification itself. The User therefore acknowledges and accepts that it will be his responsibility to periodically check the Platform in order to check for any changes to the General Conditions.
FINALIZATION OF REGISTRATION AND SERVICES
6. To use the Service it is necessary that:
a) the User is the owner of one or more NFTs, purchased through third parties indicated on the Platform, such as, but not limited to, the OpenSea.com platform, whose terms and conditions are referred to the User for further details;
b) the User has successfully completed the Registration phase and created a personal Account. To proceed with Registration, the User must follow the instructions on the Platform, use the specific page made available by the Company and enter all the required data.
7. The User acknowledges and accepts that:
c) it will be his responsibility, during the Registration phase, to indicate everything necessary in order to prove the ownership of the NFT. The Company reserves the right to request additional information from the User proving the ownership of the NFT. In the absence of the requested information, the Company reserves the right not to accept the User's registration on the Platform;
d) at no time during the registration procedure referred to above, the Company is able to know the information relating to the identity of the User.
8. The Benefits, better described on the Platform, are made available to the User free of charge and are earned by the User following the registration of the same - at its own discretion - on the Platform.
9. Depending on the number of NFT owned by Users, the following minimum Benefits made available to Users on the Platform will vary in quantity. The User acknowledges and agrees that the minimum Benefits made available to the User are the following:
FOR THE OWNERS OF N. 1 NFT
a) access to the dedicated Telegram or Discord group (or other messaging platform, deemed suitable to connect the Crazy Fury Community and communicated by the Company or by Marco Montemagno to the Users).
FOR THE OWNERS OF MINIMUM N. 5 NFT
a) access to the dedicated Telegram or Discord group (or other messaging platform, deemed suitable to connect the Crazy Fury Community and communicated by the Company or by Marco Montemagno to the Users);
b) 1 group video/month for the years 2022, 2023 and 2024.
FOR THE OWNERS OF MINIMUM N. 10 NFT
a) access to the dedicated Telegram or Discord group (or other messaging platform, deemed suitable to connect the Crazy Fury Community and communicated by the Company or by Marco Montemagno to the Users);
b) 1 group video/month for the years 2022, 2023 and 2024;
c) exclusive access to the new book by Marco Montemagno;
d) priority access to new NFT collections;
e) access to 1 physical or virtual event, at the discretion of the Company, with Marco Montemagno for the years 2022, 2023 and 2024.
10. Notwithstanding the foregoing in relation to the Minimum Benefits, the Company reserves the right to add further Benefits that will vary over time in terms of quantity and/or type at the sole discretion of the Company (the "Variable Benefits"). In relation to the Variable Benefits, the User acknowledges and agrees that the Company reserves the right to modify at any time and at its own discretion the Variable Benefits obtainable by the User, making known to the User through publication on the Platform of the duration and conditions of use of the individual Variable Benefits. The mere visit to the Platform after the change will be valid as complete acceptance by the User of the change. The User acknowledges and accepts, therefore, that it will be his responsibility to periodically check the Platform in order to verify the presence of any changes to the Variable Benefits, in relation to which the User declares from now on to waive any claim, including by way of reimbursement or compensation.
11. In view of the provisions of Article 10, the User acknowledges and accepts that the Benefits and Variable Benefits made available to the User may vary in terms of quantity and quality. Specifically, based on the amount of NFT owned by the User, Users will have access to 3 (three) different types of Benefits packages (identified as, Beginner, Pro, Hall Of Fame) described on the Platform, referred to by the User for further details on the Benefits and Benefits Variable achievable depending on the package that the User can access by virtue of their NFT.
INTELLECTUAL PROPERTY RIGHTS
12. The User acknowledges and accepts that the Rights are the exclusive property of the Company and/or third parties that have granted the Company a license to use them, and are protected against unauthorized use, copying and dissemination by intellectual and industrial property law. The mere use of the Service does not give rise to any rights to Users, including by way of example intellectual and industrial property rights, on/on NFT in whole or in part that, therefore, they may not use in any way the Rights except as strictly necessary for the use of the Service and for the duration of the same. In particular, by purchasing one or more NFT, the User does not acquire rights of economic exploitation on the content of the NFT and, therefore, will only enjoy the rights of the possibility to enjoy it/them for personal, non-profit purposes.
13. Except for what is necessary to use the Service, the User may not download, copy, use, transfer, rent, sub-license, lend, modify, adapt, attempt to modify or alter the source code, or perform operations reverse engineer, decompile, disassemble or otherwise operate, in whole or in any part, on the Services and/or the Contents and/or the Platform.
14. Unauthorized use, copying, reproduction, modification, republication, updating, downloading, posting, transmission, distribution or duplication or any other abusive use of the Service and/or of the Contents and/or of the Platform and/or of everything object of the Rights, by the User, must be considered prohibited. As a user of the Service, the User undertakes not to use the subject matter of the Rights for illegal purposes and/or in violation of the provisions of the General Conditions and undertakes not to violate the Rights of the Company and/or its third party licensors.
15. In relation to the foregoing, the User undertakes as of now to indemnify and hold harmless the Company from any damage or loss directly or indirectly resulting from the use that the User will make of everything covered by the Rights in violation of what provided for by the General Conditions.
USER DECLARATIONS AND WARRANTIES
16. The User acknowledges and expressly accepts that, in the event of a violation by the User of the law, of the rights of third parties or of the General Conditions, the Company may - at its complete discretion - suspend or interrupt the use of the Service in favor of the User, prevent access to the Platform and/or the Account and / or any other website that the Company will use for the provision of the Service, as well as take any other useful action to protect the rights and interests of the Society.
17. The User, in order to use the Service, must:
a) have reached the age of eighteen and, in relation to this aspect, the Company reserves the right, during the registration phase, to request proof of having reached the age of majority;
b) have the equipment and applications necessary to use the Service such as, by way of example, Internet services and, in relation to this aspect, the Company cannot be held responsible for any malfunctions, impossibility of access or poor conditions of use of the Platform attributable, by way of example, to unsuitable equipment;
c) be the owner of one or more NFT.
18. The User declares and guarantees:
a) to have read and understood the General Conditions, of which he will keep a copy following registration;
b) to have the necessary powers to act for the purposes referred to therein and to have the ability to act and sign legally binding contracts;
c) to have chosen a secure and complex password when registering on the Platform; and that for the entire duration of the relationship arising from the signing of the General Conditions: (i) will keep the password safe and secret; (ii) will not transfer your Account to the Platform or access to the Service; (iii) will not let third parties use its Account and/or the Service used through it and (iv) will comply with any applicable law regarding the management of IT accounts;
d) that he will refrain from reproducing, duplicating, copying, using, selling, reselling and in any case exploiting the Service and everything subject to the Rights for commercial purposes;
e) that he will refrain from any form of use, direct and/or indirect, of the Services contrary to the law or not in compliance with the provisions of the General Conditions;
f) that he will not use so-called systems spamming, chain messages or pyramid sales;
g) that he will not spread viruses, spyware, adware, rootkits, backdoors, trojans and other similar cyber threats through the Service and/or the Platform;
h) that he will not use software or other automatic or manual mechanisms to copy or access the pages that offer the Service and/or their content.
LIABILITY - LIMITATION OF LIABILITY IN FAVOR OF THE COMPANY
19. The User acknowledges and accepts that:
a) the Company limits itself to making the Service and the related Benefits available to the User and will in no way be liable to the User for any damages, losses, costs, charges and expenses, direct or indirect, including any legal fees , suffered and / or borne by the User in connection with the purchase of the NFTs connected to the Service;
b) renounces as of now any claim, including by way of reimbursement or compensation, against the Company.
20. Except in the case of willful misconduct or gross negligence, the User i) acknowledges and accepts that the Company will in no way be liable to the User for any damages, losses, costs, charges and expenses, direct or indirect, including any legal fees suffered and/or borne by the User in connection with the Service and ii) as of now waiver of any claim, including by way of reimbursement or compensation, against the Company. Notwithstanding the foregoing, the Company will in no way be liable to the User for any delays or non-fulfillment of its obligations in relation to the Service in the event that such delays or failures arise from Force Majeure.
21. The Company is not necessarily affiliated and/or partner with the natural and/or legal persons owners of the websites to which there are links within the Platform and / or the Service and is not responsible in any way for the content of said websites. These links are made exclusively for the convenience of Users and access to these sites is at the discretion and sole responsibility of the Users themselves. A link from the Platform or the Service to any other website does not imply that the Company approves, endorses or recommends in any way said website or has any control over any element of the content of said website.
22. The User undertakes to indemnify and hold harmless the Company, its subsidiaries and affiliates, as well as their respective representatives, partners and employees from any damage, liability, cost, burden or expense, including legal fees, arising from claims of third parties resulting from the use by the User of the Service in a way that does not comply with the General Conditions and/or violations of the provisions contained therein, including the declarations and guarantees referred to in the relevant paragraph of the General Conditions.
23. Obligations of the Company towards Users. In fulfilling its contractual obligations, the Company undertakes to comply with the provisions of Legislative Decree 196/2003, integrated with the changes provided for by Legislative Decree 101/2018 (hereinafter, the "Code") and of the Reg. EU 2016/679 (hereinafter, the "Regulation"; the Code and the Regulation together, the "Privacy Law") and, for this purpose, undertakes to adopt all physical, logistical and organizational security measures necessary and adequate to guarantee respect for the integrity and accuracy of the personal data processed, as well as the lawfulness of their processing.
25. By accessing his personal area of the Platform, the User may at any time correct, rectify or update his personal data.
27. The User may not transfer the General Conditions in whole or in part to third parties.
DURATION and SURVIVAL OF CLAUSES
28. The General Conditions are effective from the date of acceptance of the same, will remain in force for the entire duration of use of the Service by the Users, except for early termination in the terms described in the General Conditions and as provided below.
29. The following clauses of the General Conditions will remain valid and effective even after the termination of the effects of the General Conditions: User declarations and warranties; Liability - Limitation of Liability in Favor of the Company; Applicable Law and Jurisdiction; General clauses.
30. The Company, pursuant to art. 1456 of the Italian Civil Code, may terminate the General Conditions with immediate effect, by simply sending a written communication to the User, also by e-mail, if the User has violated one or more of the following provisions of the General Conditions: Finalization of the Registration and Services; Benefits; Transfer. In any case, the Company's right to compensation for damage remains unaffected.
APPLICABLE LAW AND JURISDICTION
31. The General Conditions are entirely governed by Italian law.
32. Without prejudice to the provisions for the protection of Consumers in the matter of competent court, any dispute arising between the Parties in relation to the validity, interpretation, execution and resolution of the General Conditions and/or in any case in connection with the General Conditions will be the exclusive competence of the Court of Milan, with the exclusion of any other, including competitor or alternative.
33. ODR platform. Pursuant to the European Regulation 524/2013, the Company informs the User that in the event of a dispute, they may submit a complaint via the ODR (Online Dispute Resolution) platform made available by the European Commission and reachable at the following link http://ec.europa.eu/consumers/odr/.
34. Any tolerance by the Company towards User behavior in violation of any provision of the General Conditions does not constitute a waiver of the rights deriving from the violated provision, nor of the right to demand the correct fulfillment of all the provisions of the General Conditions themselves.
35. The General Conditions contain the overall agreement reached by the Parties with respect to the subject of the same and prevail over all previous communications, declarations, as well as understandings and agreements, both oral and written, reached by the Parties.
36. Should any term or other provision of the General Conditions be declared null, void or inapplicable, all other conditions and provisions of the General Conditions will remain, however, fully valid and effective.
37. The Company and the Users act in full autonomy and independence. The General Conditions do not give rise to any relationship of collaboration, agency, association, intermediation or subordinate work between them.
38. The User acknowledges and accepts that the following paragraphs of the General Conditions contain some unfair provisions, including the points listed and that therefore, he must expressly accept them when registering, pursuant to articles 1341 and 1342 of the Italian Civil Code: Conclusion of the General Conditions, point 5; Finalization of registration and Services, point 7; Benefits, point 10; Intellectual Property Rights, point 15; User declarations and warranties, point 16; Liability - Limitation of Liability in Favor of the Company, points 19, 20 and 21; Indemnity, point 22; Survival of the Clauses, paragraphs 28 and 29; Applicable Law and Jurisdictions, points 31 and 32. The User is invited to carefully read the aforementioned clauses, in particular in the points indicated (also in bold in the text) before using any Service, renouncing any claim regarding them , also by way of reimbursement or compensation.
EXPERIENCE NFT TERMS
The following terms and conditions (“Terms”) apply to all in-person and virtual experiences organized by MontyLab available to those wins of certain Crazy Fury tokens.
By redeeming or participating in an Experience, you acknowledge your understanding and acceptance of our General Terms and these terms and conditions, and agree that any attendance at any future Experience is conditioned upon your agreement and adherence to these Terms, any future terms and conditions applicable to the Experiences and any instructions given to you by MontyLab with respect to any Experience. All terms and conditions relating to the Experiences are applicable to the token itself regardless of the owner of the token at the time of redemption.
Experiences may only be redeemed at experiences.marcomontemagno.com. All access experiences will be pre-scheduled in advance with 90 day notice via a Monty representative and all the experiences may be redeemed only one time until 31/12/2022.
The following NFTs are a free gift to Crazy Fury token holders (they could redeem, gift or resell the NFT).
DESCRIPTION OF EXPERIENCES
CALL (5, 10, 30, 60)
An opportunity to speak with Marco Montemagno. Each Zoom call experience will be virtual for a duration of 5/10,30 or 60 minutes. This experience may be redeemed one time only until 31/12/2022
Holders of the Breakfast token shall receive:
An opportunity to attend a breakfast with Marco Montemagno in Brighton (all the transportation and accommodation costs are paid by the NFT holder). This experience may be redeemed one time only until 31/12/2022
Holders of the Lunch token shall receive:
An opportunity to attend a lunch with Marco Montemagno in Brighton (all the transportation and accommodation costs are paid by the NFT holder). This experience may be redeemed one time only until 31/12/2022
Holders of the Dinner token shall receive:
An opportunity to attend a dinner with Marco Montemagno in Brighton (all the transportation and accommodation costs are paid by the NFT holder). This experience may be redeemed one time only until 31/12/2022
Holders of the Tennis match token will receive:
An opportunity to compete with Marco Montemagno in a game of tennis (the match will be in Brighton and all the transportation and accommodation costs are paid by the NFT holder).This experience may be redeemed one time only until 31/12/2022
PING PONG MATCH
Holders of the Ping Pong match token will receive:
An opportunity to compete with Marco Montemagno in a game of ping pong (the match will be in Brighton and all the transportation and accommodation costs are paid by the NFT holder).This experience may be redeemed one time only until 31/12/2022