Disclaimer

In purchasing a non-fungible token and its metadata (“NFT”) from UpNext GenZ LTD you acknowledge and agree that:

 

  • Your purchase and ownership of Young Bosses NFT (“NFT”) are governed by Terms & Conditions published on Young Bosses website, the foregoing Terms and by the  OpenSea Terms of Service (“OpenSea Terms”), which are incorporated herein by reference (collectively the “Terms”). Please review the OpenSea Terms carefully.  If you do not wish to abide by these Terms and/or the OpenSea Terms you may not purchase this NFT.

 

  • The information contained herein is not intended for individuals or entities who are ordinarily resident of a geographic area that is subject to UN-, US-, EU- or Australian sanctions or embargoes, or who are subject to such sanctions on an individual basis. You represent and warrant that you are not resident in those countries and are not subject to any sanctions or embargoes. UpNext GenZ reserves the right to restrict the sale of the NFT in any jurisdiction or to any individuals or entities at its discretion.

 

  • You shall take all statements, recommendations, data, opinions, documents, and the like on an as-is and as-available basis and you shall rely on your own counsel, third-party service providers and judgment in connection therewith. The use of applications on the blockchain is associated with a high degree of technological and/or other risks. 

 

  • The NFT is a non-fungible token on the Polygon blockchain, representing ownership of certain digital assets only. Accordingly, no information in these Terms (or any other documents mentioned herein) is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Nothing herein qualifies or is intended to be nor does it constitute an offer or invitation to purchase, an offering or sale of securities, swaps on either securities or commodities or a financial instrument, in any jurisdiction, of any kind as may be determined by any law, rule, or regulation. Neither these Terms nor the NFT have been registered or approved by any regulator in any jurisdiction, therefore purchases and sales of NFTs may not be subject to the protections of any laws governing those types of financial instruments. It is your responsibility to ensure that the purchase of the NFT and the associated Asset are in compliance with the laws and regulations of your jurisdiction. These Terms and all other content, including without limitation on https://www.youngbossesco.com/, do not constitute a prospectus or offering document, and are not an offer to sell securities.

 

  • The artworks representing NFTs (“Asset”) are available through OpenSea.io and are subject to the Terms & Conditions published on Young Bosses’ website and OpenSea Terms. You are solely responsible for confirming that the Asset meets your requirements. UpNext GenZ LTD as creator of the Asset retains copyright to the Asset, including all underlying source code used to develop the Asset. You cannot use the Asset for commercial purposes of any kind other than specified in Terms & Conditions published on Young Bosses website. You may not reverse engineer, copy or make any changes to the underlying source code. All rights not granted to you in Terms & Conditions published on Young Bosses’ website are expressly retained and reserved to UpNext GenZ.

 

  • You are solely responsible for all activities and actions you take with respect to the NFT and the Asset.

 

  • The NFTs are not designed for investment purposes and should not be considered as a type of financial investment by any law, rule, or regulation. With respect to your purchase of this NFT, you acknowledge and agree that you are not expecting to profit from the NFT based on any efforts by UpNext GenZ or its affiliates. The purchase of an NFT is a non-reversible and non-refundable event. UpNext GenZ shall have no obligation or liability for the secure custody or use of the NFT and purchaser solely bears the responsibility and risks on any losses arising from such custody or use. You are solely responsible for complying with OpenSea Terms when purchasing or selling the NFT.

 

  • You represent and warrant that (i) you agree to, and will abide by these Terms, Terms & Conditions published on Young Bosses’ website and OpenSea Terms; (ii) your use of the NFT does not violate any applicable law or regulation or Terms & Conditions published on Young Bosses website, or these Terms, or OpenSea Terms; (iii) you have the legal capacity to enter into the terms listed above including these Terms and effect the NFT purchase; and (iv) you are at least 18 years old.

 

  • NEITHER UpNext GenZ NOR ANY OF ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MANAGER(S), EMPLOYEES, AGENTS, SHAREHOLDERS/MEMBERS MAKES ANY WARRANTY WHATSOEVER WITH RESPECT TO THE NFT OR THE ASSET, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER STATUTORY, EXPRESS, OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

 

  • TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT SHALL UpNext GenZ OR ANY OF ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MANAGER(S), EMPLOYEES, AGENTS, SHAREHOLDERS/MEMBERS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTELLECTUAL PROPERTY INFRINGEMENT, PRICE DEPRECIATION, LEGAL OR REGULATORY ENFORCEMENT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE, ARISING OUT OF THESE TERM, TERMS & CONDITIONS PUBLISHED ON Young Bosses’ WEBSITE AND/OR PURCHASING/SELLING OF THE NFT BY YOU, EVEN IF UpNext GenZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  • You, on behalf of (i) yourself, (ii) your estate, heirs, executors, administrators, legal representatives and trusts (as applicable) (iii) their successors, assigns and affiliates (as applicable), and (iv) each person that has the ability to assert a claim on behalf of or through you (collectively, the “Releasing Parties”) hereby expressly waive and release any and all claims, demands, actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents and executions whatsoever, in law, admiralty, or equity whatsoever (each “Claim”) now known or hereafter known, against UpNext GenZ, its affiliates and their officers, directors, manager(s), employees, agents, shareholders/members, and their respective successors and assigns (collectively, "Releasees"), related to the NFT or the Asset, whether arising out of the ordinary negligence of UpNext GenZ or any Releasees, or otherwise. You covenant not to make or bring any such Claim against UpNext GenZ or any other Releasee, and forever release and discharge UpNext GenZ and all other Releasees from liability under such Claims.

 

  • You agree to defend, indemnify and hold harmless UpNext GenZ and its affiliated companies, and their respective officers, employees, directors, contractors and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) and all amounts paid in settlement arising out of, connected with, or accruing from (a) your use of the NFT or the Asset; (b) your violation of these Terms, Terms & Conditions published on Yong Bosses’ website or the OpenSea Terms, (c) your violation of any applicable law; or (d) your interaction with any third parties through your use of the NFT or the Asset.  UpNext GenZ will assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us in the defense or settlement of any such matters.

 

  • You acknowledge and accept the risk that the NFTs, Asset and/or transactions with them may be subject to legal challenges. If defense of such claims is unsuccessful, you may face severe losses for which UpNext GenZ will in no event be responsible or liable. Therefore, you waive all rights to claim damages in any name, including but not limited to loss of profit and anticipated profit, from UpNext GenZ.

 

  • The representations, warranties and waivers granted to UpNext GenZ hereunder shall also inure to the benefit of UpNext GenZs’ affiliates and parent companies, and to the employees, officers, directors and agents of each and all of them.