Last Updated: 03.11.23
Welcome to Lukas Hahn’s Website!
These Terms of Service (“Agreement”) governs your (“you” or “your”) access to and use of the Lukas Hahn website located at lukas-hahn.com (the “Site”), and includes all text, images, audio, code, files, and other materials and all of the features and services provided (collectively, the “Content”). The Site, and any other features, tools, materials, or other services offered by Lukas Hahn are referred to here as the “Service.” Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you should not access the Site or use any Services made available via the Site. The Site is not directed to children under the age of 13.
SERVICE ACCESS:
LICENSE(s)
Your ownership of a non-fungible token from the creator Lukas Hahn (the “NFT”) includes the right to use the art and designs in the NFT as well as the file associated with the NFT (collectively, the “NFT Content”). The rights include the right to use, copy, and display the NFT Content, along with any modifications you may make, solely for your own purposes, including your own commercial use solely in connection with the NFT such as in your video games and metaverse projects, and excludes the right to use the NFT in connection with any third party products or services.
You are free to:
Share derivatives — copy and redistribute the altered material in any medium or format as long as they are not the original works and have been altered substantially.
Adapt — remix, transform, and build upon the material
for any purpose, even commercially.
The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
Attribution — You must give appropriate credit, provide a link to the original artist: Lukas Hahn, and indicate what changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.
No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Lukas Hahn retains all other rights in the NFT Content. You may have the limited right to sell or transfer your NFT on the GameStop marketplace. Any such sale or transfer shall be subject to the terms of this license. Lukas Hahn does not monitor or control any marketplace purchases or sales, or any other activity beyond that on the Site. Any transfer of an NFT shall be subject to all these terms and conditions. Any rental of an NFT to a third party shall be at your own risk and liability and shall be subject to the restrictions.
Unlockable / token gated content Content.
You may not, without Lukas Hahn’s express prior written consent, redistribute the unlockable, token-gated content associated with the NFT other than in connection with transfer of ownership of the NFT.
Term.
Your right to use the NFT Content extends only so long as you own the NFT. These rights granted in the NFT extend to any third party purchaser, who shall be subject to these terms.
Third Party Vendors.
All purchase transactions made through the Service are managed and confirmed on the blockchain, and are processed by third-party vendors (collectively, “Third Party Vendors”), rather than by Lukas Hahn. For example, in order to initiate the minting and purchase of a Lukas Hahn NFT, and to display, store, trade and sell your Lukas Hahn NFT, you may need to set up, respectively, an electronic wallet with Metamask (provided by ConsenSys Software Inc.) and an account with the GameStop marketplace (GameStop Inc.). By using the Services to do any of the foregoing, you agree to the terms of service, and, where applicable, the privacy policies of such Third Party Vendors, including without limitation the Metamask terms of service and privacy policy, and the GameStop terms of service and privacy policy. Except as expressly set forth herein, those Third Party Vendor terms govern the transaction that is effectuated on the blockchain when you request Lukas Hahn to mint any Lukas Hahn NFT, including any related decentralized technologies (e.g., Ethereum), websites, services, tools, applications, smart contracts, and APIs which are provided by such Third Party Vendors. For clarity, the Services do not include services provided by Third Party Vendors.
Compliance with law.
You agree that your use of the Site and Service will comply with all applicable federal, state, and local laws
Modification.
Lukas Hahn reserves the right, at any time, to modify, suspend, or discontinue any of our Services (in whole or in part) with or without notice to you. You agree that Lukas Hahn will not be liable to you or to any third party for any modification, suspension, or discontinuation of our Services or any part thereof.
No Support or Maintenance.
You acknowledge and agree Lukas Hahn will have no obligation to provide you with any support or maintenance in connection with our Services.
Ownership.
The trademarks [Lukas Hahn, PROTAGONISTS] are trademarks of Lukas Hahn. You may not use the Trademarks without the prior written permission of Lukas Hahn. Any permitted use of the Trademarks must be pursuant to and in compliance with the Lukas Hahn Trademark Guidelines. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and Content is owned by Lukas Hahn. Except as set forth in Section 1.1, neither this Agreement nor your access to our Services transfers to you or any third party any rights, title, or interest in or to such intellectual property rights other than the license provided herein. Lukas Hahn reserves all rights not granted in this Agreement. There are no implied licenses granted under this Agreement.
Linking / Third Party Links on Our Site.
The Site may contain links to the websites of other parties. Lukas Hahn is not responsible for such websites’ Terms of Use or Privacy Policies or how they may treat your information. Your use of third-party websites is at your own risk and subject to the terms of Use and privacy policies of such sites.
Electronic Communications.
When you send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to the Site, about any of our Services, or for such other purposes as we deem appropriate.
Availability of Site.
DISCLAIMER OF WARRANTIES
IF YOU CHOOSE TO USE THE SITE OR SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED “AS IS” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT: THAT THE SITES OR SERVICES, OR ANY OF THEIR FUNCTIONS, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY PART OF THE SITE OR SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree that the NFTs are not and shall not be based upon or redeemable for any tangible or physical item, fractionalized, or capable of use as a coupon, investment, security or other financial instrument or knowingly marketed in any other manner that would cause transactions to be governed by any applicable securities laws and are not convertible virtual currencies.
You acknowledge and agree that the characterization and regulatory scheme governing NFTs, cryptocurrencies, and blockchain technology is uncertain and continually evolving, and is accompanied by inherent risks, including risks related to faulty or insufficient hardware, software, or internet connections; introduction or intrusion of malicious code or software; hacking or unauthorized access to your digital wallet or information stored therein, or of theft or diversion of funds therefrom; volatility and unstable or unfavorable exchange rates; and the risk of unfavorable regulatory intervention and/or tax treatment in relation to transaction in cryptocurrency. You further acknowledge and agree that digital assets are highly experimental, risky, and volatile, and your use of the Site and Services to purchase digital assets may carry substantial financial risk, including the risk of loss in trading digital assets. By using the Site or Services, you represent that you have sufficient knowledge, sophistication, and experience with respect to NFTs, cryptocurrency, and blockchain technology, to make your own evaluation of the merits and risks of any transaction conducted via the Site or Services or any digital asset associated with such transaction. Under no circumstances will the operation of all or any portion of the Site or Services by Lukas Hahn be deemed to create a relationship that includes the provision or tendering of investment advice.
Limitation of Liability
The use of the Site and the Services is at your own risk and is provided “as is.” Transmissions over the Internet and communications networks are not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or the Site. In no event will Lukas Hahn be liable to you for any special, incidental, exemplary, indirect, punitive, or consequential damages (including loss of profits) with respect to the subject matter of this Agreement, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not you have been advised of the possibility of such loss or damage. Lukas Hahn’s aggregate liability under this Agreement shall not exceed the net revenues actually received by Lukas Hahn in connection with any transaction in which you purchased or sold your Lukas Hahn NFT. The foregoing limitation of liability shall only apply to the extent permitted by applicable law. In no event will Lukas Hahn be liable for any inability for you to access the NFT Content for any reason, including as a result of any downtime, failure, obsolescence, removal, termination or other disruption relating to (a) the servers upon which the NFT Content is stored; (b) any Third Party Vendor; or (c) any other NFT platform.
Indemnity
You agree to release and to indemnify, defend and hold harmless Lukas Hahn and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs), claims or actions of any kind whatsoever arising or resulting from your use of the Services other than as expressly authorized by and pursuant to the terms of these Terms of Service, and your violation of these Terms of Service. Lukas Hahn reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Lukas Hahn in the defense of such matter.
Dispute Resolution
Except as otherwise specifically provided for in this Agreement, and to the fullest extent permitted by law, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in Germany’s court of law. The prevailing party shall be entitled to recover all reasonable costs and expenses incurred in connection therewith, including reasonable attorneys’ fees.
Governing Law
This Agreement is governed by German law, without regard to conflicts of law principles. The exclusive jurisdiction and venue for disputes under or relating to the Agreement are the courts in Berlin, Germany. You consent to jurisdiction and venue in such courts. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect.
Force Majeure
Lukas Hahn will not be required to perform or be held liable for failure to perform if nonperformance is caused by power failures, nonperformance of internet or data communications facilities, third party mechanical or other equipment breakdowns, fiber optic cable cuts, interruption or failure of telecommunications or digital transmission links, labor strikes, work stoppages, war, hostilities, a national emergency, acts of God, epidemics, quarantines, natural disasters, or any other causes beyond the control of Lukas Hahn.
Complete Agreement
These Terms of Service constitute the entire agreement between you Lukas Hahn regarding the Site and the Services and supersede any and all other terms, representations, promises or discussions. Only Lukas Hahn has the authority to agree to amendments to this Agreement, and to be considered binding, any amendments must be in writing and executed by Lukas Hahn. Questions or comments regarding this Site, including reports of non-functioning links, should be submitted by email to: