06. Liability Release and Indemnity

THE REDEEMABLE ITEM IS OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY DISTRIBUTOR OR ANY REDEEMABLE ENTITY, EITHER EXPRESS OR IMPLIED.

IN NO EVENT WILL METABEAT OR ANY REDEEMABLE ENTITY BE LIABLE TO ENTRANT FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH HOLDER’S PARTICIPATION IN THE REDEEMABLES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT METABEAT AND/OR OTHER REDEEMABLE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

By purchasing the NFTs, Holder agrees to indemnify, defend, and hold harmless, MetaBeat and any other Redeemable Entities from any and all liability, for any claims, damages, injuries or losses of any kind, and to release all rights to bring any claim, action or proceeding arising out of, in connection with, or relating to, (i) participation in the Sales of NFT, (ii) without limitation, death, or property damage, arising directly or indirectly from the acceptance, possession, misuse or use of the Redeemable Item, (iii) defamation, violation of publicity rights, or invasion of privacy in connection with the Redeemables or acceptance and use or the Redeemable Item, and (iv) copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Redeemables, the Redeemable Item, or MetaBeat’s advertising and marketing related to the Redeemables, in all cases, including but not limited to: (a) unauthorized human intervention in the Redeemables; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected or undeliverable mail; (e) errors in the administration of the Redeemables or the processing of entries; or (f) injury or damage to persons or property (including to any computer or mobile device systems resulting from participation in or accessing or downloading information in connection with the Redeemables), which may be caused, directly or indirectly, in whole or in part, from Holder’s participation in the Redeemables or receipt or use of any Redeemable Item. Holder assumes all liability for any injury or damage caused, or claimed to be caused, by participation in the Redeemables, or the acceptance, receipt, or use of the Redeemable Item or any Redeemable Item component. Holder further agrees that in any cause of action, MetaBeat and/or the Redeemable Entities’ liability will be limited to the value of the Redeemable Item, and in no event shall the Redeemable Entities be liable for attorney’s fees.

MetaBeat and the Redeemable Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not delivered, not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Redeemables, or by any human, mechanical or electronic error that may occur in the processing of the entries in the Redeemables, or other errors appearing within the Official Rules or in the Redeemables related advertisements. MetaBeat and the Redeemable Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Redeemables, errors in processing entries, identifying the Holders, in the announcement of the Redeemable Item and Holder, the delivery of the Redeemable Item, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to Holder’s or any other person’s computer system/software related to or resulting from participation in, uploading any materials or downloading any materials in the Redeemables. Use of any device to automate or subvert purchase is prohibited and any entries received by such means will be void. MetaBeat reserves the right in its sole discretion to disqualify any person it suspects or finds (i) to have tampered with the entry process or the operation of the Redeemables; (ii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iii) to display behavior that will bring such Holder, MetaBeat or the Redeemable Entities into disgrace; (iv) to have provided inaccurate information on any legal documents submitted in connection with the Redeemables; or (v) to be acting in violation of these Official Rules.

ANY VIOLATION OF THESE OFFICIAL RULES BY A HOLDER WILL RESULT IN SUCH HOLDER’S DISQUALIFICATION AS A HOLDER OF THE REDEEMABLES AND ALL PRIVILEGES AS A HOLDER WILL BE IMMEDIATELY TERMINATED.