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NFT Terms & Conditions

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These NCL NFT Terms of Auction and Sale, and NCL NFT Terms of Ownership (collectively, the “Terms”) apply to any purchaser or bidder (the “Purchaser/Bidder”) for, as well as to the lawful owner (the “Owner”) of, any NFT offered by Norwegian Cruise Line Holdings Ltd. (“NCL”), and are effective as of the date such purchase or bid is made, or that ownership of such an NFT is transferred to the Owner. An NFT offered by NCL, including any associated digital images or other digital works, shall be referred to herein as a “NCL NFT.”

NCL NFT TERMS OF OWNERSHIP

  • The Owner of any NCL NFT acknowledges receipt and understanding of, and agrees to be bound by, these NCL NFT Terms of Ownership. Taking ownership of an NCL NFT shall be deemed acceptance of and consent to be governed by these NCL NFT Terms of Ownership. If Owner does not agree to be bound by these NCL NFT Terms of Ownership, any license granted herein as to any rights shall automatically terminate.
  • For Norwegian Prima Commemorative Tokens: Initial ownership of a Norwegian Prima Commemorative Token is limited to persons over the age of 18 who are sailing on either Norwegian Prima’s Christening Sailing departing from Reykyavik, Iceland on August 25, 2022 or Norwegian Prima’s Inaugural Sailing departing from Amsterdam, Netherlands on September 3, 2022.
  • All intellectual property and/or other content associated with any NCL NFT in any way (including without limitation all copyrights and trademarks) remains the property of NCL and/or its respective owners.
  • NCL grants the Owner of any NCL NFT a limited, personal, transferable, royalty-free, non-exclusive, non-sublicensable, revocable license to display that NFT for non-commercial purposes, and to trade, sell, or otherwise transfer ownership of the NCL NFT. Note that when reselling any of the NCL NFTs, 10% of the resale price will automatically be paid to NCL as a resale royalty. All other rights of any kind—including without limitation the right to license, commercially exploit, reproduce, distribute, or prepare derivative or modified works of or from the NCL NFT and/or any of the content therein—are expressly reserved and not granted. Ownership of an NCL NFT does not include ownership of any content therein or any associated intellectual property rights other than those expressly licensed above.
  • For the sake of clarity, without limiting the foregoing and subject to applicable law, the Owner of an NCL NFT may not (i) commercialize the NCL NFT, including in connection with the marketing, advertising, or selling of any third party product; (ii) modify the NCL NFT in any way or combine the NCL NFT with, or embed the NCL NFT into, any digital or other content or media; (iii) use the NCL NFT in any manner which infringes upon the intellectual property rights of any person or entity; or (iv) use the NCL NFT in connection with or to promote any illegal activity, hate speech, violence, inappropriate or obscene content, or in any other manner which could tarnish or harm the reputation of NCL or any of its affiliates or subsidiaries, or any other individual or entity whose name, image, likeness, trademarks, or copyrighted material appears in connection with or is represented by the NCL NFT.
  • Neither NCL nor any affiliated persons or entities shall be responsible for any damage or loss of any kind incurred in connection with the purchase, sale, or display of any NCL NFT.
  • NCL has no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions related to NCL NFTs that are made to or via Stripe, Kred, or any other third party.
  • Any and all disputes against NCL or any affiliated persons or entities arising in connection with the NCL NFTs in any way shall be governed by, construed, and enforced in accordance with the laws of the State of Florida as they are applied to agreements entered into and to be performed entirely within Florida and without regard to conflict of law principles. Jurisdiction and venue shall be exclusively within the courts of Miami-Dade County, Florida.
  • The Owner of an NCL NFT will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on NCL's net income) now or hereafter claimed or imposed by any governmental authority associated with the purchase, ownership, sale, transfer, or display of an NCL NFT.
  • The value of NFTs is subjective and may fluctuate over time. The purchase, sale, or other transfer of any NCL NFT is made, accepted, and/or facilitated by any party entirely at that partys own risk.
  • LIMITATION ON LIABILITY. IN NO EVENT SHALL NCL BE LIABLE TO ANY OWNER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ASSOCIATED IN ANY WAY WITH ANY NCL NFT, INCLUDING WITHOUT LIMITATION THROUGH THE PURCHASE, OWNERSHIP, DISPLAY OR TRANSFER OF ANY NCL NFT AND/OR THE INABILITY TO DISPLAY OR TRANSFER ANY NCL NFT, EVEN IF NCL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NCL BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES PAID FOR THE NCL NFT(S) THAT IS/ARE THE SUBJECT OF THE CLAIM AT ISSUE OR U.S. $100.00.
  • These NCL NFT Terms of Ownership shall apply to all Owners of any NCL NFT, regardless of how it was acquired, and shall remain in full force and effect at all times during and after such ownership. NCL reserves the right to amend these NCL NFT Terms of Ownership at any time and entirely at its discretion, and any Owner of an NCL NFT is subject to the NCL NFT Terms of Ownership in effect at the time such ownership begins.

NCL NFT TERMS OF AUCTION AND SALE (if applicable)

  • Any Purchaser/Bidder acknowledges receipt and understanding of, and agrees to be bound by, these NCL NFT Terms of Auction and Sale. Making a purchase or bid on an NCL NFT shall be deemed acceptance of and consent to be governed by these NCL NFT Terms of Auction and Sale. If the Purchaser/Bidder does not agree to be bound by these NCL NFT Terms of Auction and Sale, NCL reserves the right to cancel any purchase or bid.
  • All sales of any NCL NFT are final and non-refundable.
  • All credit card payments for any NCL NFT will be processed via Stripe.
  • The platform for the minting and distribution of the NCL NFTs is provided by NFT.Kred, powered by Peoplebrowsr.
  • Proceeds from the initial sale of NCL NFTs will benefit Teach For America.
  • All pieces of art were commissioned by Norwegian Cruise Line and created by Manuel Di Rita.

    AUCTION TERMS AND CONDITIONS:

    Anyone who wishes to participate must abide by these terms. PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE PARTICIPATING IN THE AUCTION. BY PARTICIPATING, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS, AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. NCL reserves the right to change any of these terms and any policies or guidelines governing the auction, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions.
  1. Eligibility. You must be 21 years of age or older to participate.
  2. Policies and Guidelines.You must set up your own unique account in order to participate and bid. Your account credentials may not be transferred or sold. Buyers must bid with the intention of buying and each bid is a binding contract. Misuse of bidding to manipulate the bidding process is unacceptable. The auction and all transactions take place subject to the laws of the United States.
  3. Items to auction. The following item will be auctioned:
    • One Non-Fungible Token (NFT) of the hull art for the Norwegian Prima.
    • In addition to the NFT, the winning bidder will receive a balcony stateroom on a cruise for two (2) on the Norwegian Prima for themselves and a guest.
      • The cruise on the Norwegian Prima will take place November 11-14, 2022, leaving from Miami, Florida.
      • Winner will also receive the following inclusions
        • Premium Beverage Package
        • 1 Night Specialty Dining
        • Wi-Fi (1 Device)
        • Service Charges
        • Government Taxes and Fees.
      • The total value of the cruise prize is US$1,998.

    Cruise is for one double occupancy stateroom. Cruise has no cash value. Redemption of prize is not transferable. Auction does not include airfare or other personal expenditures, except as indicated. If the trip cannot be taken, cruise will be forfeited. This auction is governed by the laws of the United States, and all federal, state, and local laws and regulations apply. Any taxes on the cruise are the sole responsibility of the auction winner. NCL in its sole discretion reserves the right to substitute the auction item for items of equal or greater value if any advertised auction item become unavailable. Sponsor's determinations regarding the awarding of auction item is final.

  4. Dates. The auction begins April 13, 2022 at 9:00 a.m. Eastern Time and will run through April 21, 2022 at 8PM Eastern Time.
  5. Bidding. All bidding will take place online.
  6. Reservation of Rights.NCL retains the right to halt any auction, prevent or restrict access, and take any other action in case of technical problems, inaccurate listing, auction inaccuracies, product inaccuracies, or in response to actions otherwise prohibited by the procedures and guidelines for the auction, or for any other reason in the sole and absolute discretion of NCL.
  7. Unauthorized Conduct.You agree that you will not use any robot, spider, scraper or other automated means to access the auction site for any purpose. Additionally, you agree that you will not: (a) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except as otherwise provided here); or (b) interfere or attempt to interfere with the proper working of the auction or any activities conducted on the site.
  8. Prohibited Activity.
    1. Lawful Purposes.The site only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations regarding participation, including in regard to bidding, and purchasing items. You may not register under a false name. You may not make bids under a false name, impersonate any participant, or use another participant's password(s). Such fraudulent conduct is or may be a violation of federal and state laws.
    2. Shill Bidding.You are strictly prohibited from placing bids or causing bids to be placed on any product for the purpose of artificially increasing or otherwise manipulating the bidding process or the bid price of any product listed for sale, or influencing user behavior on the site.
  9. Breach.Without limiting other remedies, NCL may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your participation: (a) if you breach these terms; (b) if NCL is unable to verify or authenticate any information you provide; or (c) if NCL believes that your actions may cause legal liability for you, other users or NCL.
  10. No Warranties.No Warranties. The auction, and all items, services, and products sold, are provided on an "as is" basis. Your participation is at your own risk. NCL makes no other representations or warranties of any kind, express or implied, including without limitation: (a) the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; (b) that the site will always be available, accessible, uninterrupted, timely, secure or operate without error; (c) the information, content, materials or products included on the site will be accurate; (d) any implied warranty arising from course of dealing or usage of trade; or (e) any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of NCL.
  11. Disclaimer.TO THE FULL EXTENT PERMISSIBLE BY LAW, NCL DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM NCL OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
  12. Limitation of Liability.NCL will not be liable for any damages of any kind including without limitation direct, indirect, incidental, special, punitive and consequential damages, arising out of or in connection with these terms, the auction, the site, or those resulting from any goods or services purchased or obtained or transactions entered into whether such damages arise under theory of contract, tort (including negligence), strict liability or otherwise.
  13. Indemnity.You agree to defend, indemnify and hold NCL and its subsidiaries, parents, affiliates, officers, directors, agents, and employees harmless from and against any and all claims, losses, liabilities, costs and expenses (including but not limited to attorneys' fees) arising from or in connection with (a) your breach of this agreement; (b) your violation of any state, federal foreign or international laws, codes or regulations; and/or (c) your violation of any third party's rights, including, but not limited to, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of this agreement.
  14. Choice of Law. The laws of the State of Florida govern the auction, the site, and all of the terms and conditions, without giving effect to any principles of conflicts of laws. Jurisdiction and venue shall be exclusively within the courts of Miami-Dade County, Florida.