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NFTiff Terms and Conditions
By purchasing a NFTiff non-fungible token (“NFT”) the User agrees to abide by
these Terms and Conditions.
Please note that the section on Dispute Resolution contains an arbitration
clause and class action waiver. By agreeing to this Agreement, you agree to
resolve all disputes through binding individual arbitration, which means that
you waive any right to have the dispute decided by a judge or jury, and you
waive any right to participate in collective action, whether that be a class
action, class arbitration, or representative action.
Definitions
“Agreement” is the Terms and Conditions herein as well as the Privacy Policy
located at https://www.tiffany.com/policy/privacy-policy/ and chain.com/legal.
“Tiffany & Co.” is Tiffany And Company, or Tiffany Group, a domestic and
international organization or its affiliates, agents, officers, contractors,
employees and Tiffany.com website.
“Chain” is Chain Global Ltd, a limited company incorporated and registered in
Saint Kitts and Nevis or its affiliates, agents, officers, contractors,
employees and vendors.
“CryptoPunk” is the registered trademark belonging to Yuga Labs which is also
defined as the CryptoPunk artwork collection.
“Site” is defined as nft.tiffany.com, the website where the project will take
place.
“NFTiff” is a digital artwork made to include a 3D design of a CryptoPunk and a
redeemable pass to claim a custom made physical Tiffany & Co pendant and
standard necklace.
“User” is defined as a consumer who purchases a NFTiff via the Site.
“NFTiff Gateway” is the Site that allows a User to purchase a NFTiff.
General Terms and Conditions
• Only 250 available.
• Maximum purchase allowance of 3 per customer.
• Only Ether (ETH) on Ethereum is accepted.
• Pendant must be claimed by August 12, 2022; after that date the NFTiff may not
be redeemed for a custom pendant nor will the NFTiff be customized.
• Must own both an NFTiff and a CryptoPunk NFT in order to redeem the NFTiff for
a custom pendant.
• Pendant dimensions: approximately 30 mm x 20-30 mm.
• Pendant materials: 18K rose or yellow gold, enamel and gemstones.
• Pendant chain: 18K rose or yellow gold rectangular link chain adjustable
between 18”-22”.
• All design details to be determined by Tiffany.
• Estimated custom NFTiff artwork delivery: December 2022.
• Estimated pendant delivery: Early 2023.
• Delivery timelines may vary depending on delivery address.

For additional details please contact: contact@nftiff.tiffany.com
All sales are final. The terms of final sale, as set forth in these Terms and
Conditions, supersede any contradicting terms as may be stated on any sales
receipt or that are part of Tiffany’s standard return policies and practices.
By purchasing an NFTiff and linking it to your CryptoPunk, you grant Tiffany and
Company, its affiliates, agents and others working for it or on its behalf, an
irrevocable, nonexclusive, royalty-free license to use your CryptoPunk and its
underlying intellectual property, if any, to design, manufacture and sell the
corresponding pendant.
Your custom pendant is anticipated to deliver in early 2023. Prior to shipment
of the Tiffany & Co. pendant, Chain will verify ownership of the corresponding
NFTiff NFT. lf a NFTiff holder sells their NFTiff prior to shipment of the
pendant, such pendant will no longer be shipped to the client and the order
shall automatically be voided. Tiffany & Co. and Chain will not be held liable.
The NFTiff, custom pendant and all underlying intellectual property (including,
but not limited to, the CryptoPunk image depicted by the NFTiff and the custom
pendant) shall be for personal, non-commercial use only. The purchase of the
foregoing shall not assign, convey or otherwise transfer any intellectual
property rights therein (including, but not limited to, any commercial license
or rights) to the purchaser.
Chain collects and processes personal information about you on behalf of Tiffany
and Company when you interact with this website for purposes of minting an
NFTiff Pass and to begin the pendant creation process. You have certain rights
with respect to your personal information. These may include the right to
request access to, rectification or erasure of the personal information we
maintain about you or the restriction of the processing of this information or
to object to such processing. For more information about your rights and our
data practices, please see Tiffany’s Global Privacy Policy at
https://www.tiffany.com/policy/privacy-policy/. You can learn more about Chain’s
data practices at https://chain.com/legal/.
Individuals who are of the age of 18 years or older, who own and have access to
a crypto wallet compatible with the Ethereum network, are eligible for
participation in the NFTiff NFT Project as a User. Each User must be identified
on the Site with their crypto wallet.
Without limit to the generality of the following, User agrees and shall procure
that neither Chain nor any other company is obliged to identify User as author
of the respective works, unless required by law.
Chain shall not be liable for any losses resulting from or arising out of delays
in processing transactions, inability to execute transactions, or lack of timely
response from Chain customer support.
You acknowledge and agree that you may be required to pay network or miner’s
fees in order for a transaction to be successful. Insufficient network fees may
cause a transaction to remain in a pending state outside of Chain’s control, and
we are not responsible for delays or loss incurred as a result of an error in
the initiation of the transaction and have no obligation to assist in the
remediation of such transactions.
Chain shall not bear any liability, whatsoever, for any damage or interruptions
caused by any computer viruses or other malicious code that may affect your
computer or other equipment, or any phishing, spoofing or other attack. We
advise the regular use of a reputable and readily available virus screening and
prevention software. You should also be aware that SMS and email services are
vulnerable to spoofing and phishing attacks and should use care in reviewing
messages purporting to originate from Chain. Always check the url of the Site to
ensure you are visiting the right webpage, interacting with the correct Site,
and to review any transactions or required actions if you have any uncertainty
regarding the authenticity of any communication or notice.
Subject to all applicable laws. Void where prohibited.
Governing Law
This User Agreement, your use of the NFTiff Gateway, your rights and
obligations, and all actions contemplated by, arising out of or related to this
User Agreement shall be governed by the laws of the State of DELAWARE, as if
this User Agreement is a contract wholly entered into and wholly performed
within the State of DELAWARE. YOU AGREE THAT ALL ORDERS ACCORDING TO THE TERMS
OF THIS AGREEMENT SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF DELAWARE AND
BE SUBJECT TO THE INTERNAL LAWS OF THE STATE OF DELAWARE WITHOUT REGARD TO ITS
CONFLICTS OF LAWS PROVISIONS.
Dispute Resolution
You agree and understand that any controversy, claim, or dispute arising out of
or relating to this User Agreement or the breach thereof or the services
provided to you by Chain shall be settled solely and exclusively by binding
arbitration held in the county in which you reside, or another mutually
agreeable location, including remotely by way of video conference administered
by JAMS and conducted in English, rather than in court. You expressly agree that
any dispute about the scope of this User Agreement to arbitrate and/or the
arbitrability of any particular dispute shall be resolved in arbitration in
accordance with this section. You expressly agree that an arbitrator may issue
all appropriate declaratory and injunctive relief necessary to ensure the
arbitration of disputes (but only in favor of the individual party seeking
relief and only to the extent necessary to provide relief warranted by that
party’s individual claim). You agree to keep any arbitration strictly
confidential.
You agree that this arbitration provision applies not just to disputes with
Chain but also to (a) disputes with Chain and any other party named or added as
a co-defendant along with Chain at any time during a court action, and (b)
disputes in which a party is named as a defendant in a court action involving
claim(s) arising from or related to this Agreement or any other Chain agreement
or program terms, even if Chain is not named or added as a defendant. Any such
co-defendant or defendant is a third-party beneficiary entitled to enforce this
arbitration provision.
You agree that the arbitrator shall have the authority to order any remedies,
legal or equitable, which a party could obtain from a court of competent
jurisdiction in an individual case based on the claims asserted, and nothing
more. The arbitrator shall not award punitive or exemplary damages to either
party, unless such remedies would otherwise be available under applicable law.
The parties agree and acknowledge that this arbitration provision evidences a
transaction involving interstate commerce and that the Federal Arbitration Act,
9 U.S.C. s. 1 et seq. (“FAA”), will govern its interpretation and enforcement
and proceedings pursuant thereto. It is the intent of the parties to be bound by
the provisions of the FAA for all purposes, including, but not limited to,
interpretation, implementation, enforcement, and administration of this
arbitration provision, and the FAA shall preempt all state laws to the fullest
extent permitted by the law.
You agree that any such arbitration shall be conducted in accordance with the
then prevailing JAMS Streamlined Arbitration Rules & Procedures (the “Rules”),
with the following exceptions to such Rules if in conflict:
• The arbitration shall be conducted by one neutral arbitrator;
• You agree that service of a demand for arbitration via Written Notice
constitutes sufficient written notice of the Demand for Arbitration;
• Arbitration may proceed in the absence of any party if that party has been
given Written Notice of the arbitration, as specified in this Agreement and/or
the Rules; and
• Each side agrees to bear its own attorney’s fees, costs, and expenses, unless
such remedies would otherwise be available under applicable law.

You agree that, wherever practicable, we will seek to appoint a fair
representation of diverse arbitrators (considering gender, ethnicity and sexual
orientation), and will request administering institutions to include a fair
representation of diverse candidates on their rosters and list of potential
arbitrator appointees.
You agree to abide by all decisions and awards rendered in such proceedings and
you agree that such decisions and awards rendered by the arbitrator shall be
final and conclusive, except for any appeal rights under the FAA.
To the extent you seek emergency relief in connection with any controversy,
claim, or dispute arising out of or relating to this User Agreement or the
breach thereof, or the services provided to you by Chain, you agree that the
“Emergency Relief Procedures” provision of the JAMS Comprehensive Rules,
currently Rule 2(c), shall govern. You agree and understand that this User
Agreement restricts you from seeking emergency relief from any court, including
without limitation temporary restraining orders and/or preliminary injunctions,
and you agree that, to the extent either party breaches this User Agreement by
seeking such relief from a court, that party shall be responsible for paying the
opposing party’s attorneys’ fees in opposing such relief, and the arbitrator
shall render an award of such attorneys’ fees at the earliest possible time
after such fees are incurred.
Notwithstanding the foregoing obligation to settle disputes through arbitration,
you or we may assert claims, if they qualify, in small claims (or an equivalent)
court in Kent County or any United States county where you live. However, if the
claims are transferred, removed or appealed to a different court, they shall be
subject to arbitration.
You agree that you or we may, without inconsistency with this arbitration
provision, apply to any court for an order enforcing the arbitral award. You
irrevocably and unconditionally agree to waive any objection that you may now or
hereafter have to the laying of venue of any action or proceeding relating to
enforcement of the arbitral award in the federal or state courts located in the
State of DELAWARE.
You agree that all such controversies, claims, or disputes shall be settled in
this manner in lieu of any action at law or equity. In arbitration the parties
waive their rights to have a jury trial.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE OR FOR ANY
OTHER REASON LITIGATION PROCEEDS IN COURT THEN YOU AGREE THAT YOU AND WE:
• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, HEREBY
IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN
ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS USER
AGREEMENT OR THE SERVICES THAT CHAIN PROVIDES OR ANY OTHER MATTER INVOLVING US
HERETO, AND
• SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL OR STATE COURTS
LOCATED IN KENT COUNTY, DELAWARE AND YOU AGREE NOT TO INSTITUTE ANY SUCH ACTION
OR PROCEEDING IN ANY OTHER COURT IN ANY OTHER JURISDICTION.
You agree to arbitrate solely on an individual basis, and agree and understand
that this User Agreement does not permit class action or private attorney
general litigation or arbitration of any claims brought as a plaintiff or class
member in any class or representative arbitration proceeding or litigation. The
arbitral or other tribunal may not consolidate more than one User’s claims and
may not otherwise preside over any form of a representative or class proceeding.
If any portion of this arbitration clause is held to be invalid or
unenforceable, the remaining portions will nevertheless remain in force, subject
to two exceptions: (a) if a determination is made that the prohibition on class
litigation and arbitration is unenforceable, and that determination is not
reversed on appeal, then this arbitration clause (except for this sentence) will
be void in its entirety; and (b) if a court determines that a public injunctive
relief claim may proceed notwithstanding the prohibition on class litigation and
arbitration, and that determination is not reversed on appeal, then the public
injunctive relief claim will be decided by a court, any individual claims will
be arbitrated, and the parties will ask the court to stay the public injunctive
relief claim until the other claims have been finally concluded.
You agree that this section of this Agreement has been included to rapidly and
inexpensively resolve any disputes with respect to the matters described herein,
and that this section shall be grounds for stay or dismissal of any court action
commenced by you with respect to a dispute arising out of such matters.
A printed version of this Agreement shall be admissible in judicial or
administrative proceedings.
Indemnification
You agree to indemnify and hold Chain, its affiliates and service providers, and
each of its or their respective officers, directors, agents, joint venturers,
employees and representatives, harmless from any claim or demand (including
attorneys' fees and any fines, fees or penalties imposed by any regulatory
authority) arising out of or related to your breach of this Agreement or your
violation of any law, rule or regulation, or the rights of any third party.
Limitation of Liability; No Warranty.
IN NO EVENT SHALL CHAIN, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR
RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR
REPRESENTATIVES, BE LIABLE (I) FOR ANY LOSS OF THE DIGITAL ASSETS ASSOCIATED
WITH YOUR DIGITAL ASSET WALLET AT THE TIME OF THE EVENT OR CIRCUMSTANCE GIVING
RISE TO YOUR CLAIM OR (II) FOR ANY LOST PROFITS, LOSS OF GOODWILL OR REPUTATION,
LOSS OF DATA, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE,
CORRUPTION OR BREACH OF OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL,
INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN
CONNECTION WITH ANY USE OF THE SITE, OR THIS AGREEMENT, EVEN IF CHAIN HAS BEEN
ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND
NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL
PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH
DAMAGES WERE A RESULT OF CHAIN’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR
INTENTIONAL VIOLATION OF LAW. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT
LIMITING THE SCOPE OF THE PRECEDING SENTENCE), SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY
REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE
MAXIMUM EXTENT CHAIN BY APPLICABLE LAW, CHAIN SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR
NON-INFRINGEMENT. CHAIN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT
ACCESS TO THE SITE, ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED
THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. CHAIN DOES
NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN
OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY
ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR
UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF
THE SERVICES AND SITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND
AGREE THAT CHAIN WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR
RELATING TO: (I) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSET PRICE DATA,
OR ANY ERROR, DELAY OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA; (II)
VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR WEBSITES,
SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF THE SERVICES OR ANY
WEBSITE OR SERVICE LINKED TO OUR WEBSITE; (III) GLITCHES, BUGS, ERRORS, OR
INACCURACIES OF ANY KIND IN OUR WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US OR ON
OUR BEHALF OR ANY OF THE SERVICES; OR (IV) ANY OTHER LOSSES THAT MAY ARISE FROM
THE MISUSE OF THE SITE.
Want to learn more about NFTiffs? Check out the FAQ and NFTiff Terms and
Conditions