Last revised: August 19, 2022

Lil' Bottles Terms of Use

Lil' Bottles (“we,” “us,” or “our”) provides its services (described below) and related content to you (“you” or “User”) through its website, platform, and Smart Contracts (defined below) for Lil' Bottles located at lilbottles.art (the “Site”), subject to these Terms of Use (as amended from time to time, the “Terms”). The Privacy Policy and all such additional terms, guidelines, and rules as set forth on the Site are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by you. These terms govern your access to and use of this Site, as well as all content, functionality, and services offered on or through the Site, including Perks (as defined below) (collectively, the “Services”), and Lil' Bottles NFTs (defined below). By signing up for an account on the Site, connecting your cryptocurrency wallet (e.g., MetaMask or WalletConnect) to the Services, or otherwise using or accessing the Services or any Lil' Bottles NFTs, you acknowledge that you have read and agree to these Terms.

By agreeing to these Terms, you hereby certify that you are at least 18 years of age. If you do not agree to these Terms, you must not access or use the Site.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST LIL' BOTTLES ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. We will also notify you, either through the Site user interface, our Twitter account, or through other reasonable means. Any such changes will become effective when posted, unless a different date is indicated by us. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new Terms of Use.

SMART CONTRACT ENABLED

A Lil' Bottles NFT is a non-fungible Ethereum-based token (“NFT”) that uses smart contracts on the Ethereum blockchain (“Smart Contracts”). The Ethereum blockchain provides an immutable ledger of all transactions that occur on the blockchain. This means that all Lil' Bottles NFTs are outside of the control of any one party, including the Lil' Bottles team, and are subject to many risks and uncertainties. The Lil' Bottles team neither owns nor controls MetaMask, WalletConnect, the Ethereum network, your browser, or any other third party site, product, or service (including third party wallets or marketplaces) that you might access, visit, or use for the purpose of enabling you to use the Services or to purchase, list, auction, or sell Lil' Bottles NFTs (“Transaction”), and that, except with respect to transferring control of a Lil' Bottles NFT to the initial purchaser through the Services (“Initial Purchaser”), the Lil' Bottles team has no responsibility with respect to any Transaction. The Lil' Bottles team will not be liable for the acts or omissions of any third parties, nor will the Lil' Bottles team be liable for any damage that you may suffer as a result of your Transactions or any other interaction with any third parties. You understand that your Ethereum public address will be made publicly visible whenever you engage in a Transaction. Aside from transferring control of the Lil' Bottles NFT to the Initial Purchaser, the Lil' Bottles team has no control over the transfer, storage, ownership or maintenance of the Lil' Bottles NFT.

CHANGES TO THE SERVICES

The Lil' Bottles team reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Lil' Bottles team will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, including in relation to any Lil' Bottles NFT.

CONNECTING YOUR WALLET

In order to access and use the Services, including to engage in a Transaction, you must have and connect your digital wallet supported on MetaMask, WalletConnect or other wallet extensions or gateways as allowed on the Services (“Wallet”). Wallets allow you to purchase, store, and engage in transactions using the native Ethereum cryptocurrency, ETH. When you link your Wallet, you understand and agree that you are solely responsible for maintaining the security of your Wallet and your control over any wallet-related authentication credentials, including any seed phrase or private cryptocurrency keys, as well as NFTs or cryptocurrencies that are stored in or are accessible through your Wallet. Any unauthorized access to your Wallet by third parties could result in the loss or theft of Lil' Bottles NFTs and/or other assets held in your Wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). The Lil' Bottles team is not responsible for managing and maintaining the security of your Wallet. The Lil' Bottles team has no responsibility or liability to you for any unauthorized access to or use of your Wallet or if you are unable to locate your credentials.

SALE OF LIL' BOTTLES NFT

When each Lil' Bottles NFT is sold for the first time, the agreement for sale is between the Lil' Bottles team and the Initial Purchaser. If the Initial Purchaser decides to sell a Lil' Bottles NFT (“Secondary Sale”), then the Lil' Bottles team is not a party to any agreement between the applicable buyer, seller, or facilitator of the Secondary Sale.

By placing an order on the Site or through the Services (including by bidding in an auction), you agree that you are submitting a binding offer to purchase a Lil' Bottles NFT, you agree to pay all applicable fees associated with the Transaction, and you authorize the Lil' Bottles team to automatically charge and collect such fees from your payment instrument or Wallet. If you are an Initial Purchaser, then all amounts due are to be paid to the Lil' Bottles team. If you are not the Initial Purchaser of a Lil' Bottles NFT, then amounts may be paid to the seller of such Lil' Bottles NFT.

You acknowledge and agree that the Lil' Bottles team is entitled to receive 5.0% of every Secondary Sale of a Lil' Bottles NFT (“Royalty”). The Lil' Bottles team has the right to collect Royalties for Lil' Bottles NFT sales in perpetuity. As such, if you sell a Lil' Bottles NFT, including on a third-party marketplace, you agree to include a statement substantially similar to the following in the description of the NFT: “5.0% Royalty Applies. By purchasing a Lil' Bottles NFT, you agree to the Terms of Use located at https://www.lilbottles.art/terms”

No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.

TAXES

You are responsible for any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with your use of the Services, Perks or Lil' Bottles NFTs (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, or sale of a Lil' Bottles NFT).

COPYRIGHTS IN LIL' BOTTLES NFT ART

The copyrights in the digital art represented by Lil' Bottles NFTs (“Art”) have been waived via Creative Commons Zero (CC0) designation.

DISPUTES WITH OTHER USERS OR COLLECTORS

You agree that you are solely responsible for your interactions with any other Users and Collectors in connection with the Services, Lil' Bottles NFTs, Art or Perks, and the Lil' Bottles team will have no liability or responsibility with respect thereto. The Lil' Bottles team reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User or Collector.

RISKS

Please note the following risks in accessing, purchasing, selling or using Lil' Bottles NFTs: The price and liquidity of blockchain assets, including Lil' Bottles NFTs, are extremely volatile and may be subject to large fluctuations. Fluctuations in the price of other digital assets could materially and adversely affect Lil' Bottles NFTs, which may also be subject to significant price volatility. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Lil' Bottles NFTs. Lil' Bottles NFTs are not legal tender and are not backed by any government. Transactions of Lil' Bottles NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some Transactions of Lil' Bottles NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the Transaction. The value of Lil' Bottles NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for Lil' Bottles NFTs, which may result in the potential for permanent and total loss of value of a particular Lil' Bottles NFT.

You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding Lil' Bottles NFTs, including the suitability and appropriateness of, and investment strategies for, Lil' Bottles NFTs. You agree and understand that you access and use the Services, Lil' Bottles NFTs, Art, and Perks at your own risk; however, this brief statement does not disclose all of the risks associated with Lil' Bottles NFTs and other digital assets. You agree and understand that the Lil' Bottles team will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using Lil' Bottles NFTs, however caused.