OUR GREAT CRUISE COMEBACK NFT TERMS OF OWNERSHIP
These Our Great Cruise Comeback NFT Terms of Ownership (collectively, the “Terms”) apply to any lawful owner ("the Owner”) of any Our Great Cruise Comeback NFT offered by Norwegian Cruise Line Holdings Ltd. (“NCLH”), and are effective as of the date ownership of such an NFT is redeemed by or otherwise transferred to the Owner. A Our Great Cruise Comeback NFT offered by NCLH, including any associated digital images or other digital works, shall be referred to herein as an “Our Great Cruise Comeback NFT.”
- The Owner of any Our Great Cruise Comeback NFT acknowledges receipt and understanding of, and agrees to be bound by, these Our Great Cruise Comeback NFT Terms of Ownership. Taking ownership of an Our Great Cruise Comeback NFT shall be deemed acceptance of and consent to be governed by these Our Great Cruise Comeback NFT Terms of Ownership. If Owner does not agree to be bound by these Our Great Cruise Comeback NFT Terms of Ownership, any license granted herein as to any rights shall automatically terminate.
- All intellectual property and/or other content associated with any Our Great Cruise Comeback NFT in any way (including without limitation all copyrights and trademarks) remains the property of NCLH and/or its respective owners.
- NCLH grants the Owner of any Our Great Cruise Comeback 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 Our Great Cruise Comeback NFT. Note that when reselling any of the Our Great Cruise Comeback NFTs, 10% of the resale price will automatically be paid to NCLH 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 Our Great Cruise Comeback NFT and/or any of the content therein-are expressly reserved and not granted. Ownership of an Our Great Cruise Comeback 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 Our Great Cruise Comeback NFT may not (i) commercialize the NFT, including in connection with the marketing, advertising, or selling of any third party product; (ii) modify the NFT in any way or combine the NFT with, or embed the NFT into, any digital or other content or media; (iii) use the NFT in any manner which infringes upon the intellectual property rights of any person or entity; or (iv) use the 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 NCLH 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 Our Great Cruise Comeback NFT.
- Neither NCLH nor any affiliated persons or entities shall be responsible for any damage or loss of any kind incurred in connection with the redemption, purchase, sale, or display of any Our Great Cruise Comeback NFT.
- NCLH 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 Our Great Cruise Comeback NFTs that are made to or via Stripe, Kred, or any other third party.
- Any and all disputes against NCLH or any affiliated persons or entities arising in connection with the Our Great Cruise Comeback 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 Our Great Cruise Comeback NFT will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on NCLH’s net income) now or hereafter claimed or imposed by any governmental authority associated with the redemption, purchase, ownership, sale, transfer, or display of an Our Great Cruise Comeback NFT
- The purchase, sale, or other transfer of any Our Great Cruise Comeback NFT is made, accepted, and/or facilitated by any party entirely at that party’s own risk.
- LIMITATION ON LIABILITY. IN NO EVENT SHALL NCLH 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 OUR GREAT CRUISE COMEBACK NFT, INCLUDING WITHOUT LIMITATION THROUGH THE PURCHASE, OWNERSHIP, DISPLAY OR TRANSFER OF ANY OUR GREAT CRUISE COMEBACK NFT AND/OR THE INABILITY TO DISPLAY OR TRANSFER ANY OUR GREAT CRUISE COMEBACK NFT, EVEN IF NCLH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NCLH BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE PRICE PAID (IF ANY) FOR THE OUR GREAT CRUISE COMEBACK NFT(S) THAT IS/ARE THE SUBJECT OF THE CLAIM AT ISSUE OR U.S. $100.00.
- These Our Great Cruise Comeback NFT Terms of Ownership shall apply to all Owners of any Our Great Cruise Comeback NFT, regardless of how it was acquired, and shall remain in full force and effect at all times during and after such ownership. NCLH reserves the right to amend these Our Great Cruise Comeback NFT Terms of Ownership at any time and entirely at its discretion, and any Owner of an Our Great Cruise Comeback NFT is subject to the Our Great Cruise Comeback NFT Terms of Ownership in effect at the time such ownership begins.