TERMS & CONDITIONS

I. ACCEPTANCE OF TERMS

Cursed provides its services (described below) to you, the Collector, through its website and application program interface located at www.cursedisland.io (the "Website"), subject to the following Terms of Service (the "Terms"). By using or accessing the Website, you acknowledge that you have read and agree to these Terms.

II. ELIGIBILITY

Collector must be at least thirteen (13) years old to access and use the Website; provided, if you are between the ages of thirteen (13) and eighteen (18) years old you may only access and use the Website with the prior permission of your parent or legal guardian.

Collector must not be located in a country that is subject to an economic sanction or embargo issued by the European Union government, or that has been designated by the EU government as a sponsor of terrorism.

III. DESCRIPTION OF SERVICES

Cursed is a collection of non-fungible tokens ("NFTs") stored on the Apechain blockchain. Each Cursed NFT is a unique digital asset that is permanently recorded and stored on the Apechain blockchain.

IV. TERMS OF SALE

Cursed sells themed character art authenticated as NFTs. In exchange for payment, Collector is granted a NFT. The purchase of the NFT does not grant any profit-sharing interest or equity in Cursed, ownership of intellectual property, or any other rights except as expressly set forth herein.

V. PAYMENT

All payments are made in ApeCoin and are non-refundable. You are responsible for all gas fees associated with transactions on the Apechain network. Cursed has no control over these fees and makes no guarantees regarding transaction times or fees.

VI. OWNERSHIP

When you purchase a Cursed NFT, you own the underlying NFT completely. Ownership of the NFT is mediated entirely by the Smart Contract and the Apechain Network. At no point may Cursed seize, freeze, or otherwise modify the ownership of any Cursed NFT.

VII. INTELLECTUAL PROPERTY RIGHTS

Cursed owns all intellectual property rights to the Cursed brand, artwork, and content. Purchase of a Cursed NFT does not grant intellectual property rights in the underlying artwork or content. However, Collector receives a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the purchased Art for personal, non-commercial use.

VIII. COMMERCIAL USE RIGHTS

Collector has the right to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art ("Commercial Use"). Examples of such Commercial Use would be the use of the Art to produce and sell merchandise products displaying copies of the Art.

IX. RESTRICTIONS

You agree that you may not, nor permit any third party to do or attempt to do any of the following without express prior written consent from Cursed:

• Use the Cursed NFTs in connection with images depicting hatred, intolerance, violence, or cruelty
• Attempt to trademark, copyright, or otherwise acquire intellectual property rights in the Cursed NFTs
• Use the Cursed NFTs in connection with defamatory or dishonest statements about Cursed

X. TERMINATION

Cursed may terminate your access to the Website and its services for any reason, including but not limited to breaches of these Terms, at our sole discretion. Such termination will not affect your ownership of any Cursed NFTs.

XI. DISCLAIMERS

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. CURSED MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT.

XII. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CURSED BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY MATERIALS OR CONTENT ON THE WEBSITE.

XV. DISPUTE RESOLUTION

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. COLLECTOR AGREES TO WAIVE ANY CLASS ACTION STATUS, CLASS ARBITRATION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. ANY DISPUTE BETWEEN CURSED AND COLLECTOR SHALL BE DETERMINED AND RESOLVED BY BINDING ARBITRATION IN VALLETTA, MALTA IN ACCORDANCE WITH THE MALTA ARBITRATION ACT.

XVI. PRIVACY

Cursed will not collect any cookies, IP addresses, or Collector data in connection with your use of the Website. This is subject to change. Collector understands that Cursed may work with third-party applications that collect data for NFT holder verifications or giveaways. Additionally, Collector understands that the Apechain network is a public blockchain and all of your transaction history initiated through the Website will be made public.

XVII. SEVERABILITY

If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Terms.

XVIII. GOVERNING LAW

These Terms will be governed exclusively by the laws of Malta without regard to its conflicts of laws provisions. Any dispute between Cursed and Collector that is not subject to arbitration will be resolved in the courts located in Valletta, Malta. Collector understands and agrees that your use of the Website as contemplated by these Terms shall be deemed to have occurred in Malta.